Charges Dismissed Against Kauai County Official Who Allegedly Covered Up Theft by Mayor

Kauai Mayor Bernard Carvalho

BY MALIA ZIMMERMAN AND JIM DOOLEY -?There was more drama today in the ongoing controversy over Kauai?Mayor Bernard P. Carvalho, Jr.'s?alleged criminal use of a county gasoline card.

Carvalho's employee, Janine Rapozo,?a former county transportation administrator who now is the?County Human Resources Manager, was accused in mid-November with "promoting or facilitating" alleged gas thefts by Carvalho, but today she learned the charges against her have been dismissed.

Circuit Judge Randal Valenciano threw out the indictment, which included one count of theft and 22 counts of falsifying government records, ?because he said the grand jury proceedings were flawed.

The grand jury met November 15 and the indictment was issued the next day.

Valenciano said today the indictment was issued "erroneously" because not enough grand jurors supported it.

Fourteen grand jurors heard evidence in the case and 10 voted to support it, according to court records.

The Hawaii rules of penal procedure require that 75 per cent of grand jury members must vote to approve an indictment ? meaning 11 votes were necessary, Valenciano ruled.

?No true bill should have been presented to the court,? Valenciano said, according to minutes of a court hearing today.

Valenciano dismissed the case without prejudice, meaning that it may be brought again to the grand jury.

But County Prosecutor?Shaylene Iseri-Carvalho, who sought the indictment, is about to lose her job. She was defeated in this month's general election by Justin Koller, an attorney in Carvalho's administration, whose candidacy was supported by the mayor.

Carvalho issued a statement today saying he?had every confidence in Rapozo, who he has worked with for 20 years, and always believed she would be cleared of the charges because "she is a person of the highest integrity and professionalism."

?This administration handles issues and concerns by talking things out, airing our differences and finding solutions.? We never had that chance in this instance,? said Carvalho.

?It is my hope that we will always vigorously seek the truth and find solutions before we maliciously accuse people of things in a way that could hurt them,? Carvalho continued.

?What happened to Janine Rapozo was uncalled for, it was unfair, and it was just plain wrong,? he said.

?The criminal case was based on the mayor?s use of a county fuel card to gas up his personal vehicle.

The fuel card was assigned to? a county-owned vehicle that Carvalho did not drive.

A county audit and independent investigators discovered the practice and said it violated county regulations and budget procedures.

The auditors noted that four or five previous mayors followed the same practice and said further investigation was needed to determine if criminal intent was involved.

The Police Department conducted its own investigation and issued an arrest warrant for Carvalho, but it was not served because two Kauai per-diem judges refused to sign the paperwork.

Carvalho said today he never intended to break any laws.

?I want to make it clear that there was no criminal intent by anyone involved and we have said that from the beginning.?We were following past practices,? he said.

County Managing Director Gary Heu said toay the administration agrees with many finding of the audit and is committed to issues raised by the investigation.

?Use of county fuel, particularly in the case of the mayor and other elected officials, is currently based on long-standing practice that dates back more than two decades,? said Heu.

?We have acknowledged that these practices need to be reviewed, in some cases amended, and reduced to a clearly written policy ? which we are in the process of doing as we speak.?

County Auditor Ernesto Pasion issued an interim public report of his findings in March but a much longer, 1,000- page report, was completed later and has not been made public.

Pasion also hired a Honolulu law firm and retired Honolulu police office to conduct an inependent investigation.

Complicating matters,?Valenciano issued a controversial ruling in October that said the mayor, not the police commission, has authority to discipline the police chief.

The 7-member commission voted 4-2 (with one member absent) not to appeal that ruling.

The commission brought the lawsuit in June against Carvalho after he suspended Perry for several days while the county investigated complaints from a police department employee about alleged mistreatment by police executives.

Some speculated if the police chief pursued the case against the mayor, the mayor could retaliate by suspending him.

?

Short URL: http://www.hawaiireporter.com/?p=217304

Author: Malia Zimmerman

Malia Zimmerman is the editor and co-founder of Hawaii Reporter. She has worked as a consultant and contributor to several dozen media outlets including ABC 20/20, FOX News, MSNBC, the Wall Street Journal, UPI and the Washington Times. Malia has been listed as one of the nation?s top "Web Proficients, Virtuosi, and Masters" and "Hawaii's new media thought leader" by http://www.thewebstersdictionary.com Reach her at Malia@hawaiireporter.com

Malia Zimmerman has written 418 articles for us.

Source: http://www.hawaiireporter.com/charges-dismissed-against-kauai-county-official-who-allegedly-covered-up-theft-by-mayor/123

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96% Sister

All Critics (46) | Top Critics (13) | Fresh (44) | Rotten (2)

Seydoux perfectly captures the anger and self-defeat of ill-educated, hedonistic, man-chasing young women who live on the fringes.

L?a Seydoux fulfills Louise, and Kacey Mottet Klein, as Simon, is one more to join the pantheon of film's excellent child actors.

Haunting and sad. And absolutely worth seeing.

The chemistry between the two leads is a razor's-edge dance: feral, childish, tender and always complex.

Movies about wayward kids are a European specialty. The new film "Sister" deepens the specialty.

The influence of Belgian masters Jean-Pierre and Luc Dardenne's documentary eye for youth on the margins is evident in Ursula Meier's calmly heartbreaking drama.

Emotionally engaging and impeccably crafted

Klein and Seydoux give such naturalistic performances that they're never overwhelmed by the spectacle.

"Sister" is loose and episodic, but held together with nicely sketched characters.

[A]voids bathos. . .reveals unexpected depth in a heartbreaking bond. . . Different classes conflict [in] adjacent spaces . . .in spare, realistic Dardennes' style.

Meier draws out wonderfully naturalistic performances from her young stars, with Mottet Klein particularly good as the young roustabout Simon ...

It comes over like a subtle short story and is well acted.

Meier's portrait of Simon ... is richly atmospheric and never sentimental.

An enigmatic, heartfelt account of a vulnerable young boy's yearning for a better life.

Most intriguing is how the writers and director have transformed what's essentially a rather dark, bleak story into something involving and emotionally resonant, all without ever turning sentimental.

It is an interesting and well-made movie, though with an uncertain ending.

Sister gradually reveals pattern in its tapestry of everyday life.

An expert piece of storytelling with a host of strong character turns and thematic depth to burn.

A healthy seam of mischief helps cut through the occasionally rote social comment.

An emotionally engaging, beautifully shot and impressively directed Dardennes-esque French drama with a superb script and excellent performances from Kacey Mottet Klein and L?a Seydoux.

An unusual, involving, slightly strained character study from Ursula Meier, the French director of 2008's satirical dystopia, 'Home'.

'Sister' often recalls the recent work of the Dardenne brothers of Belgium and that landmark of the French new wave, Francois Truffaut's 'The 400 Blows' (1959).

Psychologically complex. You may be shocked, you may be moved, but you won't easily forget "Sister."

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Source: http://www.rottentomatoes.com/m/lenfant_den_haut/

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Photo: Congratulations @tajamos, winner of the Coldwater Classic. #

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Source: http://surfingvisions.net/2012/11/25/surfline-photo-gallery-of-coldwater-classic/

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Yard Sale @ Stubb's ? Benefiting Kids in a New Groove - Stubb's BBQ

C3 Presents and Front Gate Tickets to Host a Yard Sale
Benefiting Kids in a New Groove

?

AUSTIN, TX ? C3 Presents and Front Gate Tickets are teaming up to host a yard sale at Stubb?s Waller Creek Amphitheater on Saturday, December 8, 2012 from 9:00 am to 6:00pm.
All proceeds will benefit Kids in a New Groove, the Texas music mentorship program which provides free music lessons to youth in foster care.

Come down to support a good cause and purchase a piece of Austin live music history!
C3 Presents will be selling various items from their Austin warehouse, including elements from prior years Austin City Limits Music Festivals, Lollapalooza and other special events such as the White House Easter Egg Roll.

A silent auction will be held during the yard sale for bids on unique items such as Austin City Limits 10th Anniversary Scrims, Austin City Limits Festival Surfboards, a pair of 2013 3-day ACL Passes, a guitar signed by The Randy Rogers Band, Jack Ingram, The Josh Abbot Band, Kevin Fowler, and more!

Employees from C3 and Front Gate Tickets will also be donating personal items for sale, ranging from housewares and sporting equipment to clothing and furniture.
Cash and all major credit cards will be accepted.

The Yard Sale will also include:

???? Door Prizes: Tickets to upcoming shows at Stubb?s indoors will be given away every hour, including the T Bird & The Breaks New Year?s Eve show. (Participants must be present to win).
???? Fun for the whole family: Interactive area for children with musical instruments; visit with Santa
???? Food and drink specials from Stubb?s Legendary Barb-B-Q

For more information, contact:
Kids in a New Groove: Karyn Scott ? karyn@kidsinanewgroove.org
C3 Presents: Laura Wood ? lwood@c3presents.com / Katie Williams ? kwilliams@c3presents.com

ABOUT KIDS IN A NEW GROOVE ? Kids in a New Groove is a non-profit that provides free, one-on-one music mentorship to children in the Texas foster care system. Currently, Kids in a New Groove is serving children in Austin, Dallas/Ft. Worth, and Houston. They offer weekly meetings with mentors who provide lessons in areas such as voice, guitar, piano, and drums, which the children choose from. Along with mentor guidance and music lessons, the children also have an opportunity to receive a brand new instrument, which they can earn from meeting program goals. The program?s mission is to build solid foundations for youth in foster care so they can age out of care with the tools for success.

ABOUT C3 PRESENTS ? C3 creates, books, markets, and produces live experiences, concerts, events, and just about anything that makes people stand up and cheer. Among others, we produce the Austin City Limits Music Festival, Lollapalooza, Australia?s Big Day Out, Austin Food and Wine Festival, and several hundred concerts and events nationwide. C3 is one of the top concert promotion companies in the United States and has been awarded Billboard?s Top Independent Promoter.

ABOUT FRONT GATE TICKETS ? What started in 2003 as an alternative ticketing service for venues in Austin has grown into an exciting company that helps venues, artists, promoters and festivals grow their business and effectively promote events to fans. We work with many top event producers and tour artists ? all of whom share our vision for a better and more affordable way to manage ticketing operations.

Source: http://stubbsaustin.com/uncategorized/yard-sale-stubbs-benefiting-kids-in-a-new-groove/

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10 Things to Know for Monday

Your daily look at late-breaking news, upcoming events and stories that will be talked about Monday:

1. WHY EGYPT'S PRESIDENT HAS POLARIZED THE NATION

Supporters and opponents of Mohammed Morsi are growing more entrenched in their battle over the Islamist leader's move to assume near absolute powers.

2. WHEN MERCHANTS EXPECT A HOLIDAY BOOST

It's estimated that this year's Cyber Monday will be the biggest online shopping day of the year, for the third year in a row.

3. BANGLADESH FACTORY LACKED EMERGENCY EXITS

The eight-story building where a blaze killed at least 112 people received a "high risk" safety rating after a 2011 audit.

4. ISLAMIC CLERIC ISSUES FATWA AGAINST BREAKING TRUCE

Violating the cease-fire between Israel and Hamas "shall constitute a sin," according to Suleiman al-Daya's edict.

5. WHERE SOME PLANNERS WANT A 5-MILE STORM BARRIER

A mammoth seawall across New York Harbor's entrance could blunt future superstorms, say prominent architects and scientists.

6. JFK'S LARGELY FORGOTTEN LAST NIGHT

His appearance before Mexican-American activists was likely the first time a president officially acknowledged Latinos as an important voting bloc.

7. TOUGH TIMES PUT SQUEEZE ON FIGHTING CLIMATE CHANGE

A main challenge at this week's conference in Qatar: raising money for poor countries when budgets are strained.

8. WHAT CAUSED A MASSIVE NATURAL GAS EXPLOSION

A utility worker in Springfield, Mass., accidentally punctured a high-pressure pipeline while looking for a leak.

9. ROLLING STONES JAM ON 50TH ANNIVERSARY

He still might not get satisfaction, but AP's Gregory P. Katz reports that frontman Mick Jagger was in top vocal form at a London concert.

10. HOW BIG THE POWERBALL JACKPOT COULD BE

It'll be at least $425 million for Wednesday's drawing, a new record.

Source: http://news.yahoo.com/10-things-know-monday-104352258.html

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To get the best look at a person's face, look just below the eyes

ScienceDaily (Nov. 26, 2012) ? They say that the eyes are the windows to the soul. However, to get a real idea of what a person is up to, according to UC Santa Barbara researchers Miguel Eckstein and Matt Peterson, the best place to check is right below the eyes. Their findings are published in the Proceedings of the National Academy of Sciences.

"It's pretty fast, it's effortless -- we're not really aware of what we're doing," said Miguel Eckstein, professor of psychology in the Department of Psychological & Brain Sciences. Using an eye tracker and more than 100 photos of faces and participants, Eckstein and graduate research assistant Peterson followed the gaze of the experiment's participants to determine where they look in the first crucial moment of identifying a person's identity, gender, and emotional state.

"For the majority of people, the first place we look at is somewhere in the middle, just below the eyes," Eckstein said. One possible reason could be that we are trained from youth to look there, because it's polite in some cultures. Or, because it allows us to figure out where the person's attention is focused.

However, Peterson and Eckstein hypothesize that, despite the ever-so-brief -- 250 millisecond -- glance, the relatively featureless point of focus, and the fact that we're usually unaware that we're doing it, the brain is actually using sophisticated computations to plan an eye movement that ensures the highest accuracy in tasks that are evolutionarily important in determining flight, fight, or love at first sight.

"When you look at a scene, or at a person's face, you're not just using information right in front of you," said Peterson. The place where one's glance is aimed is the place that corresponds to the highest resolution in the eye -- the fovea, a slight depression in the retina at the back of the eye -- while regions surrounding the foveal area -- the periphery -- allow access to less spatial detail.

However, according to Peterson, at a conversational distance, faces tend to span a larger area of the visual field. There is information to be gleaned, not just from the face's eyes, but also from features like the nose or the mouth. But when participants were directed to try to determine the identity, gender, and emotion of people in the photos by looking elsewhere -- the forehead, the mouth, for instance -- they did not perform as well as they would have by looking close to the eyes.

Using a sophisticated algorithm, which mimics the varying spatial detail of human processing across the visual field and integrates all information to make decisions, allowed Peterson and Eckstein to predict what would be the best place within the faces to look for each of these perceptual tasks. They found that these predicted places varied moderately across tasks, and closely corresponded to where humans actually do look.

At least for the three important tasks investigated -- identity, emotion, and gender -- below the eyes is the optimal place to look, say the scientists, because it allows one to read information from as many features of the face as possible.

"What the visual system is adept at doing is taking all those pieces of information from your face and combining them in a statistical manner to make a judgment about whatever task you're doing," said Eckstein. The area around the eyes contains minute bits of important information, which require the high resolution processing close to the fovea, whereas features like the mouth are larger and can be read without a direct gaze.

The study shows that the ability to learn optimal rapid eye movement for evolutionarily important perceptual tasks is inherent in humans; however, say the scientists, it is not necessarily consistent behavior for everybody. Eckstein's lab is currently involved in studying a small subset of people who do not look just below the eyes to identify a person. Other researchers have shown that East Asians, for instance, tend look lower on the face when identifying a person's face.

The research by Peterson and Eckstein has resulted in sophisticated new algorithms to model optimal gaze patterns when looking at faces. The algorithms could potentially be used to provide insight into conditions like schizophrenia and autism, which are associated with uncommon gaze patterns, or prosopagnosia -- an inability to recognize someone by his or her face.

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Story Source:

The above story is reprinted from materials provided by University of California - Santa Barbara.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.


Journal Reference:

  1. M. F. Peterson, M. P. Eckstein. PNAS Plus: Looking just below the eyes is optimal across face recognition tasks. Proceedings of the National Academy of Sciences, 2012; DOI: 10.1073/pnas.1214269109

Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/living_well/~3/adkb7bsXsPk/121126142959.htm

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Network Inspection and Certification System

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