Suspended Kaua’i County Police officer Nelson Gabriel can swear to the old saying that the mills of justice grind exceedingly slow. Gabriel’s judge-only trial on multiple counts of sexual abuse of a minor ended in the last week of September,
Suspended Kaua’i County Police officer Nelson Gabriel can swear to the old saying that the mills of justice grind exceedingly slow.
Gabriel’s judge-only trial on multiple counts of sexual abuse of a minor ended in the last week of September, but a verdict still hasn’t been rendered.
Fifth Circuit Court Judge George Masuoka told The Garden Island Sept. 26 at the end of Gabriel’s two-day trial that he expected to render a verdict by Nov. 1. But as 2001 turns to 2002, there is still no verdict.
Speculation around the courthouse is that the judge, who couldn’t be reached for comment for this story, doesn’t want to unduly influence the county Police Commission’s decision on suspended police chief George Freitas.
One of the allegations against Freitas of wrongdoing that is being reviewed by the commission is that he hindered an internal Police Department investigation into a separate complaint that Gabriel allegedly harassed an adult female co-worker in police dispatch.
This is a theory that Mike Green, Gabriel’s Oahu-based attorney, has heard, too. And he doesn’t like it.
“He’s (Gabriel) hanging by a thread,” Green said.
If convicted on multiple counts of sexual assault of a minor as a result of his September trial, Gabriel will face a possible sentence of 20 years to a maximum of life in prison.
“I get the feeling (because of the delay) that it’s a not-guilty verdict. But you never know,” Green said.
Green expressed contempt for the allegations against Freitas filed by a lieutenant in the Police Department, Alvin Seto and a former chief inspector, Mel Morris, who has since retired.
Green said Freitas is innocent of allegedly hindering an internal police investigation. Green said the suspended chief acted properly if he blocked requestioning of Gabriel’s wife by detectives.
“The chief did absolutely what he was required to do by law. You can’t take anything that was said when you are compelled to give a statement and then run around and use it in a criminal investigation,” Green said, adding Freitas “was duty bound to prevent that. Nothing the chief did was to put the lid on anything. If there was anything there, Freitas would have been charged criminally.”
County Prosecuting Attorney Mike Soong has said repeatedly he has no plans to file criminal charges against Freitas.
On the three-plus months that have elapsed since the end of Gabriel’s trial without a verdict, Soong said, “It’s just not that unusual when something (a verdict) is taken under advisement. The judge is under no real deadline.”
When asked if the judge could take a year, Soong said, “I guess so.”
“We did the trial. We proceeded with the evidence. We can’t do anything now except sit and wait for the verdict. It’s not as if we don’t have other cases to try. Worrying about it isn’t going to change the judge’s mind,” Soong said.
He said other judge-only verdicts have take longer in Hawai’i.
“This isn’t the first time,” he noted.
Staff writer Dennis Wilken can be reached at 245-3681 (ext. 252) and mailto:dwilken@pulitzer.net
