LIHU‘E — The former Kaua‘i deputy prosecutor, who was fired after lodging a complaint against a judicial nominee, is suing the County of Kaua‘i for wrongful termination, defamation, and violation of free speech rights.
In a lawsuit filed earlier this month, Robert Christensen, who served as a junior deputy prosecutor from December 2021 to June 2022, requested damages from the county, the Office of the Prosecuting Attorney, and head Prosecutor Rebecca Like. Christensen and his lawyers could not be reached for comment on Thursday.
The suit describes Christensen’s June 21, 2022 termination as “blatant retaliation for (his) choice to express views as a concerned citizen on a matter of supreme public interest in violation of his rights as a whistleblower.”
Days before he was fired, Christensen submitted testimony to the Senate Judiciary Committee opposing Kaua‘i attorney Gregory Meyers’s appointment as a state district judge for Family Court using Office of the Prosecuting Attorney letterhead.
The testimony alleged that Meyers was under criminal investigation initiated by the OPA for witness tampering. Christensen also filed a report with the Kaua‘i Police Department and a complaint with the state Judiciary’s Office of Disciplinary Counsel for the same incident.
The allegation stems from a case filed in January 2022, in which Christensen prosecuted a defendant represented by Meyers for assault in the third degree. Christensen claims that Meyers interfered with the prosecution by interviewing the complaining witness in the case.
Christensen’s letter to the Senate Judiciary Committee was buried in a flood of testimony from dozens of prominent local politicians and lawyers supporting Meyers’ nomination.
“Any prosecutor who thinks that defense attorneys are not permitted to speak to complaining witnesses or obtain statements from them that contradict the prosecutor’s favored statement ignores due process,” wrote Kaua‘i Attorney Craig DeCosta in direct response to Christensen’s complaint.
“It is a basic tenant of criminal law that a defense attorney has access to all witnesses. The prosecutor’s idea that only those with a badge get to talk to witnesses belongs in another nation, not ours.”
Like sent the committee a letter days later distancing her office from Christensen’s testimony and saying it falsely implied that her office opposed Meyers’ confirmation. Meyers was confirmed for the job in a unanimous Senate vote.
Christensen’s lawsuit alleges that Like and other prosecutors actually offered support for Christensen’s actions at multiple meetings prior to the hearing.
“Defendants knew of Plaintiff Christensen’s position and internally supported it until Like received negative feedback from unnamed individuals in the tight-knit Kaua‘i community,” the lawsuit says.
Like said Wednesday that she would not comment on the pending litigation.
Shortly after Christensen submitted the testimony in opposition to Meyers, he was placed on administrative leave pending an internal investigation related to the fact that he had submitted testimony on the OPA letterhead without permission. After a contentious investigation interview with Like and a human resources representative, Christensen was notified that he had been fired.
The lawsuit also discusses multiple mental health crises Christensen experienced as a result of the termination.
The case, which was filed in Hawai‘i District Court, is set for a scheduling conference at 9:30 a.m. on March 6 before Judge Kenneth Mansfield.
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Guthrie Scrimgeour, reporter, can be reached at 808-647-0329 or gscrimgeour@thegardenisland.com.
“It is a basic tenant of criminal law…” You mean ‘tenet’.