THE WINDS
NAMAKANI
*
LOPES, AINA, WINGO, AND AKAGI
CRIMINALS IN THE HONOLULU POLICE DEPARTMENT
HONOLULU POLICE COMMISSION
In order to make a complaint against police officers, one has to go to the Police Commission. I asked Wendy if she could help me with her testimony there, and possibly in court. She was tremendously afraid of retaliation, but felt that she had been assaulted emotionally. She agreed to go with me to the Commission, at least. I called them, and we set up an appointment for 1:30 PM on September 27 - about 37 hours after the beating.
One might think that complaints and interviews should be done as soon as possible after the incidents they are about, but, as I was to find out, I was still stunned and confused. I have since acquired copies of my Police Commission statements, and they are embarrassing. My grammar was poor, I couldn't recall the sequence of events, and I was lucky if I could speak in complete sentences. Wendy was scared and confused.
The Police Commission was ready for us. The way the interviews and “investigation” were conducted ignored the truth and deliberately supported the officers’ stories. Wendy and I entered that office beaten, confused, and afraid, but in good faith. We thought we were being good citizens - this was the way to report police “misbehavior.” In the spirit of Polawa being a report to my fellow citizens, I have to say that in 1996, the Police Commission was a cushion that
protected criminal officers.
I write this in 2021. Police misconduct is a national topic, especially since victims have been killed by police, and police themselves are being attacked. “Solutions” range from cutting off all police services to totally protecting them and allowing them to do anything. What this report (Polawa) proposes is that police commissions and review boards across the United States have policies and procedures that seem open and fair, but when those policies are run by biased personnel, they protect criminal officers. What was going on in 1996 is still going on today.
A cousin of Corporal Heacook, an officer who was killed, made an excellent point: honest officers have the biggest stake in getting the rats out of their ranks, because it’s those rats that make them look bad, and continue to bring resentment down on all officers. A fair, efficient, and safe process which enables honest officers to rat on the rats has yet to be devised.
I make a serious allegation: that the Honolulu Police Commission functioned as a cushion to protect criminal officers in the Honolulu Police Department. I base this on documents given to me by the City, including interviews with myself, Wendy, and the officers; the PC’s description of the investigation and their conclusions; and my own direct knowledge of reality and what really happened during our “incident.”
I trust that you will agree with me, to a great extent, but the only way to find out is by letting you see the same documents. So here you are: The interviews, descriptions, and conclusions are “clean,” meaning that they are as verbatim as they were presented to me, and I will keep my own analyses and conclusions separate. We will skip the introductions of the interviews, though. If you want the personal history of Wendy, myself, or the officers, do your own research.
The investigation resulted in a report by Investigator Brad Mrkva, which included nine enclosures - statements, photographs, and a hospital report. The ENCLOSURES are numbered as they appear in his report, and aren’t in chronological order here.
First, the scene: The “incident” took place on a highly trafficked area of Honolulu, on the edge of Downtown where Nimitz Highway crosses Nuuanu Stream. On one side of the stream are buildings in Chinatown and Downtown, on the other side is A’ala Park, which extends for about 1/5 of a mile toward Pearl Harbor. The mountain side of the park is grass and trees, the ocean side of the park is bounded by King Street, a small park along the stream, then Nimitz Highway and Honolulu Harbor.
In 1996 there was a business on the mountain side of Nimitz, almost adjacent to the stream. A’ala Parking was mostly a holding lot for vehicles that had been towed, with room for about 50 cars or trucks. They also had a side lot for paid parking, but the main activity was towing. Of course there was an office and facilities, and tow truck drivers often waited there between assignments. If you were driving or walking along Nimitz leaving Downtown, you would cross River Street, then Nu’uanu Stream, go past a short stone wall that marked the beginning of the park, and continue on to
the driveway for A’ala Parking.
The park itself was used as a park and hang out place in the daytime, and primarily as a homeless area at night.
A’ala Parking was visited by patrons during the day. Both day and night it was a resting place for tow truck drivers and Police. It was a very convenient station for HPD officers to watch the park, the edge of Chinatown, traffic along Nimitz Highway, and parts of Honolulu Harbor.
When Wendy and I showed up for our appointment, we were introduced to Inspector Cluney, who would take our statements, interviewing us separately.
I related that as I sat talking to the officers I was punched repeatedly on alternating sides of my head, that I ended up landing in the dirt on the other side of the wall, and that before they pulled me up (handcuffed) one of them said "We'll call it harassment, in case he makes a complaint."
Mr. Cluney agreed to take my complaint, and took pictures of my injuries. He commented on how bad my cheeks looked - swollen and discolored. He photographed my face, mid section, elbows, and right knee. I believe that I gave him the pager number of my other witness, the security guard, S. E. Lauer, but that doesn't show up in the statement.
ENCLOSURE #1 (Mrkva)
My girlfriend and I, we were having an argument. We were walking along Nimitz Highway. I was trying to get away from her. She was trying to argue with me. We crossed Nuuanu Stream, going ewa, and at the corner by the parking lot several officers approached us. They drove up in their cars.
We were separated. One of the officers asked me for my I.D. and I jokingly asked him for an I.D. The officer showed me the stitches on his chest very closely. The name I recall was AINA, A-I-N-A. As I recall I took my wallet (out), but nobody else requested my I.D. I think I put my wallet back a few minutes later. I did take it out, initially. I was going to show my license.
Then I was told to sit on the wall, and they proceeded to badge (badger) me or taunt me. They never asked what was happening with my girlfriend, but the conversation covered several subjects. None of which related to my girlfriend and me.
Anyhow, at one point I was punched on the left side of the head. I could not see who did it. A minute or so later I was punched on the right side. Then, repeatedly, I was hit on the left and right, and then left and right again. There was a total of four that I recall.
All this time I was sitting and talking to the officers. I don’t know who punched me. I was talking to these people. I believe I was punched one more time. I landed in the dirt on the other side of the wall and at that point I couldn’t get up. I was too woozy. I laid there.
They kept insisting that I get up. One of them called me an asshole, which, I never complained about that. I just recalled it
At some time they put the handcuffs on me. And as we left the scene, before they pulled me up, I heard an officer say, “If he makes a complaint, we’ll call it harassment.” From that point, I was taken to the police station and booked. I don’t recall the name of the officer. In fact, I believe it wasn’t officer Aina, I just believe he was there.
That's what we have to go on. I'm sure that Cluney and I had more interactions, but they aren't included in the official statement. We don't know if that's all that the Police Commission had to work with. They didn't share any documents with me voluntarily, I received these copies years later, when I sued the City.
Compare this with Wendy’s interview, also by Mr. Cluney, just ten minutes after he started with me.
ENCLOSURE #9
Cluney: Wendy, I am interviewing you as it relates to an incident that you were involved in … which involved your boyfriend. Will you briefly tell me what you witnessed and observed and what you’re complaining about?
Wendy: I’m complaining about the violence that I saw and I was screaming in front of another officer that …
Will you start from the beginning describing what you and Alfred were doing just prior to the officers coming.
Okay. I was holding on to Al because he was mad with me because I didn’t want to listen to him. He was supposed to take me home, and he was mad with me because I didn’t go home. So he started walking off and all of a sudden, I saw all these policemen come.
Were you folks drinking that evening?
Yes, sir.
Where were you folks drinking?
Hubba Hubba.
How many drinks did you have?
I don’t know, sir.
What were you drinking?
I was drinking Kahlua milk and wine, white wine.
How about Alfred, what was he drinking?
Budweiser all night.
Budweiser all night?
Yes.
You know how many he had?
No.
Okay. You indicated he wanted to leave the bar, and you did not want to leave
the bar?
Yes, that’s correct.
Where was your car parked?
At my girlfriend's apartment.
On Smith Street.
On Smith Street?
Yes.
Isn't that kind of faraway from where you folks were stopped...
Yes. Because there's no...
..by the officers?
Yes. Because we were having a disagreement. We were having, ah, he was mad at me.
Was it a physical disagreement, or just verbal?
It was just verbal. He didn't hit me or nothing.
He didn't hit you or anything else like that?
No.
Okay. Now, at River and Nimitz, you indicated how many officers came and stopped you?
Well, had two cars and those putt-putt cars.
Motorcycles?
There were no motorcycles. There were two cars and each car had two policemen. So I know total that, ah, one was talking to me and the other five was talking to Al.
Who was talking to you?
Officer Akaka.
Officer Akaka?
Yes.
Okay. What did you observe with your boyfriend Alfred?
Officer Akaka asked me if my boyfriend hit me. I told him no, he did not. And he asked me in a very rough tone of voice what was I doing around here, why are we here. He did not ask me for any identification. He asked me where did I park my car. Those guys … everything happened so fast. I remembered one of the officers told him 'Let him go, let him go,' and they took him away. They grabbed his arms and I said Where are you taking him? Where are you taking him? I thought they were just going to throw him in the car, but they didn't.
Did you hear them say he was under arrest?
No sir, no sir.
Was your boyfriend cooperating with the officers?
Yes, yes.
Was he getting smart mouthed with them?
No. Not to my knowledge, no.
Alright. He was answering all of the questions that was being asked of him?
They took him away from me… they grabbed him away.
Okay. How far away?
Oh, like two feet.
Okay. But he's still within two feet of you?
Yes, sir.
What were you doing, hanging onto him?
No, they grabbed him away from me.
Do you know who called the Police?
No, sir.
How long were you folks in the area having your argument?
Not very long. Maybe like ten minutes.
Okay. Is there a residence in the nearby area that could've called the police?
No, no. We was...
How about on the other side of the street where River Street is. Is there a new building complex there at the corner of River and Nimitz?
I don't know. I don't know. I just don't know. Everything happened so fast.
When they pulled...
And I am still in shock.
When they pulled Alfred away from you, what happened.?
I was scared. I was screaming because the officer grabbed him away from me And I told him where you taking him and go ... and those guys. I saw one guy told ... I hear the guy told him to sit down. And all through that, I saw Al sitting down. And they surrounded him and covered off. And all of a sudden I noticed two big tow trucks covering the policemen.
Why did the police have tow trucks come?
I don't know. They were blocking the view where nobody could see Al getting hit or nothing. They were blocking it.
Okay.
Partial like.
Did you see Al being hit?
Yes, sir.
By …
The haole guy.
Only one officer out of the five officers?
Yes, yes. And that's the officer that came back to the officer that was talking to me and I saw his hand motion and say he went hit the guy. And when he say that, I just cry.
You saw his hand motions hit the guy?
I saw him make a hand motion like a fist saying that he went hit the guy.
He told you that?
No, he told the officer that.
That he hit the guy?
Yes. I saw his hand motion. I saw him … He was right there in front of me,
not two feet away, not one feet, right in front of me.
Okay. You're saying the tall Caucasian officer … hit your boyfriend and then he came back and told officer Akaka and made a motion …
Yes.
… like he was punching into …
Yes.
… the palm of his hand…
Yes, yes.
… and told him that he hit the guy?
Yes. … I saw. I saw the hand motion. They were right in front of me. … They were less than one feet away from me or right in front of me. The guy had his foot on the stonewall, and I was scared because I thought he was going to hit me too.
Okay. Alright. How many times did that Caucasian officer hit Alfred?
I don't know. I don't know.
I thought you were only one or two feet away from him?
I don't know. Because officer Akaka was worried that I was looking. I kept on looking towards Al and those officers. I kept on looking over.
Alfred was only from here to there.
No, no, no. Alfred was … well, I'm not very good in arithmetic, but I can show you by physical how far he was. Oh, I'm scared, you know.
When they …
I'm sorry. I am scared.
Okay. You only saw this Caucasian officer hit Alfred one time?
Yes, sir.
What happened to your boyfriend?
They kept … next minute when I turned around … because Akaka was trying to block my view. I was sitting on the little stone wall. Al was on the ground. … He punched him so hard that he fell over backward on the ground and the guy turned him over … tried to turn him over, and I asked him say, 'You alright.' He goes 'Get up right now. Get up.' And one officer just grabbed Al's arm while Al was still on the ground and put a handcuff on him. He twisted his arm.
Uh huh.
And this is violence.
Being handcuffed is not being violent if he is placed under arrest.
…
… oh, excuse me sir, but he was unconscious. He did not get up.
He was unconscious?
Yes.
And then what happened after that?
After when they tried to grab him up because Al was unconscious, they put him in the car. They all went to the car.
Did they have to carry him to the car?
I don't know because Akaka kept blocking the view. I kept on watching and looking.
Did Alfred get up by himself to get into the car?
No. … He did not get up by himself. The officer grabbed his wrist and pulled it in the back roughly. … his whole entire arm and twisted it while he was still on the ground unconscious. … the other officer that was in front of me kept on blocking and blocking, and I kept moving so I can see what was going on. … And he kept on telling me … that officer was interviewing me … oh, not really interviewing me, but he was talking to me rough and he goes, 'Go home, beat it.' I said no.
He told you to beat it?
Yes. He kept on telling me to leave.
Which officer was that?
Akaka.
Akaka. Okay.
He wanted me to leave for no reason and I was scared to leave. And had the two tow trucks there. Had three guys. When all of the officers left, nobody wouldn't help me. I told those guys to help me.
What were they there for and what were they going to tow away?
They were hanging out. They were hanging around. They saw everything.
Okay.
Those are the witnesses, the three guys, but they're not going to back those guys because they came and they saw everything.
So the officers took away your boyfriend Alfred?
Yes.
What did you do?
I saw them drive away with him. I took their license plate.
What did you do after?
I was standing there and crying.
Okay.
Until ... and I turned around and told the tow truck guys to help me.
Did you...
They turned their backs around. They turned their backs. They didn't want ... they didn't say nothing. Nothing. No motion, nothing. They turned their backs on me and then I walked. I just cried all the way.
Okay. So your car was parked on Smith Street?
Yes, sir.
That's where you went and got your car?
Yes, sir.
Did you go down later and … bail your boyfriend out?
No. I was so scared. I was talking to a security.
You went home after that?
No. I was talking to the security. I wanted somebody to help me … to help me get my boyfriend. And I was scared because I saw what they did to him.
Okay. I have no further questions to ask of you, Wendy. Thank you.
* * *
Arney 2021
Where did Cluney get these questions?
Law students: How to lead your witness…
Wendy's interview took up ten pages. It seems obvious that she had some problems expressing herself, and with relating things in sequence, and it seems like Cluney had to guide her. Or did he?
Cluney started the interview by asking Wendy to tell him what she witnessed and observed, and what she was complaining about. She related that she was complaining about the violence that she saw, and she was screaming.
He directed her to start at the beginning, just prior to the officers coming. She said that we were having a disagreement about going home, when I started walking off, and all of a sudden all these policemen came. (She actually compressed the entire disagreement - which had started about 20 minutes earlier, at her girlfriend’s place several blocks away- as if it were one moment in time.)
Cluney: Were you folks drinking that evening?
Where did Cluney get this question, and why? This was his first real question, and he hit Wendy with a loaded word: drinking. It has negative connotations that imply that drinking means imbibing in alcoholic liquors, especially excessively or habitually.
(connotations - 1976 American Heritage Dictionary: to suggest or imply, in addition to literal meaning - to involve as a condition or consequence).
Cluney had just suggested that she describe what we were doing “just prior to the officers coming.” Apparently, walking down a street arguing was not the answer he wanted. “Were you folks drinking…” took Wendy away from her own narrative and pace, and put her into the scene Cluney wanted.
He continued:
Where were you drinking?
How many drinks did you have?
What were you drinking?
What about Alfred, what was he drinking?
Budweiser all night?
You know how many he had?
Seven questions in a row about “drinking,” initiated by Cluney, paint a picture of us drinking “all night” and not much else. Wendy was obviously trying to help, as Cluney then pulls things out of thin air, and Wendy goes along with him.
Cluney: You indicated he wanted to leave the bar, and you did not want to leave the bar? NO! She had not indicated that.
Where was your car parked? NO! Had she (or I) said anything about a car? Her car, my car..?
Cluney did not pursue the issue of how far away from me Wendy was when the officers were punching me, as distinct from when they separated us, and when the officer "came back" and indicated that he had struck me. When he asked, "I thought you were only one or two feet away from him,” and "Alfred was only from here to there?" he was deliberately leading her into confusion regarding conflicting statements, then he didn’t even attempt to clarify it. She replied "No, no, no. Alfred was … well, I'm not very good in arithmetic, but I can show you just by physical how far he was." Her statements that she "kept on looking over," and that the officer "came back" indicate that I was being assaulted some distance away from her. Cluney gives us the impression that Wendy saw me being struck only one or two feet away from her, yet couldn't tell how many times I was hit, or by how many officers. Rather than clarifying the scene, Cluney has led us into confusion. Cluney consistently led Wendy into either sounding confused, or supporting the officers’ story.
Cluney was not prepared for what Wendy said about tow trucks positioned to block the view. He tried to get her to speculate about why they might be there to tow something, but she had already said that "They were blocking the view so nobody could see Al being hit…” Cluney didn't linger on the subject.
Our statements were taken separately, so in September of 1996 I had no idea what Wendy had said. I apologize to any Officer Akaka, if there is one, for being mistakenly placed at the scene of this incident. Officer Dru Akagi's interview confirms that he was the one who dealt with Wendy.
I had a much more in-depth interview with investigator Brad Mrkva on October 2, one week after the assault. As with Cluney, there were interactions and conversations that didn't make it to the official record.
Mrkva started by showing me photographs of all the officers working in the area during the date and time of the incident. He told me to take my time, look at the photos, and pull out the photographs of all the officers I had a complaint against. There were a dozen or so pictures of happy, smiling officers, none of whom resembled the snapping, snarling bullies who had confronted me.
From the top:
ENCLOSURE #2
Q. Mr. Arney, as I mentioned, I have the photographs here of all the officers working in that area during the date and time of the incident. So just take your time. Take a look at those photographs and pull out the photographs of all the officers you have a complaint against.
(Pause)
A. Well, this difficult too. My glasses were off for most of that incident and I can see about this far (indicating about 12 inches with hand) without my glasses.
What's your vision?
I'm 20/400 something in each eye so I ... I didn't see seriously. Ah, right there it starts getting blurry. And from early on, I'm not sure when it was, I lost my glasses, but that's when everything like...
Did you...
All I could tell he looked Caucasian. That's about it from here.
When the officers initially came, did you have your glasses on?
Yeah.
You did?
And shortly thereafter when the guy in my statement, I assume whom I … showing it to me very closely … which I can't figure out how that happened because, I mean, like the guy's name was right there, Aina.
Uh huh.
And I didn't know. If my glasses was on, I wouldn't have to do that. I don't know if I was pushed into him or whatever, but starting right then it's like very hazy and everyone is like a ring of blue.
But when did you lose your glasses?
That's it, I'm not sure and I think back is at that point I know it's real, real close. So there was no reason for me to get that close. I can read with my glasses on. I can read quite well, you know, at a distance.
But anyhow, I'm just trying to qualify that to say I really hesitate -officers come by where I work. I work at Magoo's Pizza. About ten or fifteen officers a day drop in there and, you know, most of these guys look familiar to me. So … I don't want to get any who's not guilty in trouble, you know what I mean.That's why I really would qualify that. These ones ( I had pulled out several photos) that struck me right off the bat.
Okay. Can you, ah...
(inaudible)...(inaudible) These other guys did not. That's all I can say.
Now you have a complaint against all these officers? He indicated the photos I had pulled out.
I don't even know how many it was. I think there's three to five, and that's all I can say is those look … something in me, you know, recoils or whatever when I see that.
Who's the main officer in your complaint?
The main is, ah, what'd I say, Aina …
Aina is the officer you have a complaint against?
Well, as the witness. I mean, I know he was there because my nose was right in his name tag.
But did he do anything?
I don't know. My glasses dropped. Whoever hit me it was from where I couldn't see him. They made sure I couldn't see himIt was like behind that field of vision. It was not someone standing in front of me. I was sitting on a wall. 'Cause I was sitting here and I was blind sided, you know, several times.
How did the whole thing start with the confrontation with the officers?
The main problem was my girlfriend was arguing with me.
Uh-huh.
Or trying to and I was trying to walk away because she was like holding my arm and grabbing my shirt and things like that.
What about the officers ...
And the officers pulled us over then.
Okay.
And I was actually happy to see 'em because I thought this would be over with, you know, at least they'll separate us. 'Cause I was just trying to get away from her. And the first thing I said when the officers came up, I said that she's trying to fight with me, and I'm trying to get away. And that's it. And then somebody asked me for an I.D. and I said 'cause, like I said, I was happy to see him. I just thought this was going to be it. I said, "Oh, can I see your I.D. too." And then (inaudible) ...
Now, when you asked him for his I.D., how did you ask that...
He goes like 'You want to see my I.D?' and then my face was right here (in Aina's chest) and then it went downhill from here. But I remember they told me to sit on a wall, which I sat on, you know ...
Now did the officers swear at you?
It was with that attitude. His attitude was, but … I don't recall him saying any foul words.
Now during this time were you acting boisterous?
Well, we had been drinking and shooting pool.
And how much were you drinking?
Oh, I don't know. Probably three or four beers … Budweiser … in the course of a few hours, but … it wasn't … you know, I was shooting pool alright. We walked out of there okay … I wasn't staggering. I don't think I was drunk in that sense. But … if I had four beers and I asked you for your I.D., it's going to sound different, you know what I mean. … that was all that I said to him that was out of line, if it was …
And who are you saying this to?
I believe it was Aina, 'cause he's the one I ended up seeing … but … it gets confused very fast 'cause I don't know why all of a sudden my face was so close to him. I didn't walk up to him and take my glasses off and look, you know …
But what happened … to start this whole thing?
That was it, right there. I asked for his I.D. … I thought it was like joking. I thought it was good. These guys are going to separate me from my girlfriend, alright … I've called the cops several times to separate us …
What happened after you asked him for his I.D. and he showed you his I.D. on his uniform?
Ah, I was asked to sit on the wall and we went through several topics of discussion … I remember at one point that I told these guys that they were making some comments about asking for the I.D. They didn't have to do that. They said we don't have to show you anything or whatever. And I made a remark about them hiding behind their Batman suits and they laughed … I didn't think again that it was out of line. I thought, well this is kind of stupid. This is not what I expected, but it's what we talked about. And also about Officer Aina's name, I was saying about that reminds me of Polynesian culture. I said yeah, aloha aina. You know, this is not what I expect … The last thing I remember saying was you guys are civil servants. I don't see what's the problem. And this is not my words, … but I remember that topic was there. I'm saying, 'You guys are civil servants, what's the thing with your name?'
And at that point they started to hit me. I was sitting on the wall like this.
Were they attempting to get identification from you?
… when that happened, I pulled my wallet out. Like I said, I wasn't saying I'm not going to give you my I.D. if you don't give me yours. It wasn't like that. I had my wallet out, and when they made me sit down, I put my wallet back in. … No one did pursue that.
No one pursued the identification issue?
They went on into these different topics of conversation.
You recall pushing an officer …
No.
… is that how this …
Not at all.
… thing started?
No.
Nothing like that?
No.
Why were you arrested?
Because they had to cover it up for the fact that they beat me up. … I heard them when I was lying on the ground … at the very end I heard somebody saying 'Okay, if he makes a complaint, we'll say it was harass-
… or harassment.' And I remember them saying that 'We'll charge him with harassment in case he makes a complaint.'
But you can't pick out the officers who hit you?
No, no … I don't know which one hit me, 'cause he was not bold enough to let me see him.
Now were these hits … were these punches?
Oh, yeah. Ah, the … Inspector Cluney or Mr. Cluney took some (photos) … both sides of the face were puffed up … I think they dragged me over the wall … so my ribs were really scratched … my girlfriend said my ear was bleeding too later on. But this was, you know, blows to the sides of the face. … I used to box. It was sorta like if you were hitting a heavy bag or something and getting (inaudible) … (The interview with Mrkva was recorded on a tape recorder, and transcribed later.)
( I didn't really have a boxing career. My Dad took me to a C.Y.O. gym when I was about ten years old, and in the winters I went once a week until I was thirteen. The reference to hitting a heavy bag was about getting the feel of what the weight was like, and finding a knockout spot. The officers took this opportunity to find out what it felt like to punch a real human head - mine.)
Now, when were you taken to the hospital? When was your ear bleeding? Was this before being taken to the station?
No, it was after I came out. I started walking home. And fortunately, my girlfriend had lost her car keys … she was still there. And so, she took me home, and … took a shower and stuff, and she was looking at me and said, 'Oh, your ear is bleeding.'
They didn't take you to the hospital when they took you to the station?
No.
Did you complain of any injuries?
Well, I sort of had the impression at that point that any statements by me were counterproductive. So I wasn't really saying much to anyone. … I didn't complain of anything, no. … Just asking him for his name was bad enough.
Okay. And you don't remember hitting or pushing an officer?
Oh, not at all. I know I didn't. I'm a sassy person and I tend to be sarcastic. And I imagine if I'm drunk, it was bad -- ah, just that I'm not that dumb. I mean, I would have to be really, really far gone for me, even after they started to slug me, I didn't you know, take any retaliation. That, I could see that, if you hit me, I'll hit you back, but not surrounded by armed guys. Uh-uh. I'm just not that dumb.
Where exactly did this incident happen?
I'm not sure of the name of the street. It was just past Nuuanu Stream. As we were walking long Nimitz, which I was doing, and at that point Nimitz goes around the corner right after Nuuanu Stream and a little side road goes along the A'ala Park to the ... towards the cannery ... so it was just on that side over there. There's a little stonewall or some kind of wall.
By the parking lot area?
By that parking lot, yeah.
Okay.
We had proceeded actually from Marine (Marin) Towers arguing, you know, the car was parked over there. And so, we went quite a way along Nimitz, or a few blocks, anyhow. That's where it all started.
Okay. That'll complete my questions, then. Thank you.
Okay.
* * *
Please keep in mind that I was still confused from the beating, and struggling to remember just what had happened. The ellipses originated with whomever did the transcribing, and I have no idea if some of my statements were omitted, or if I was indeed incoherent and out of sequence. Additions - where I felt obligated to clarify a few points - are all in parentheses.
Mrkva made much of the fact that I didn't want to positively identify any of the officers' photos as one of my assailants, even though I pointed out to him that MY GLASSES WERE OFF starting in the first few seconds of the encounter. The photos were all of happy smiling officers, and they all looked familiar, because probably every officer in H.P.D. came by Magoo's Pizza in the years I worked there. I did pull several photos out from the pile, saying that they made me "recoil." Did Mrkva mean that none of the pictures I pulled out were of the four officers who filed charges against me that night?
And of course, I identified Officer AINA repeatedly and confidently. Not from pictures, from having my face shoved into his chest, where his name was stitched on. I didn’t name him as an assailant, because 1) my glasses were off for most of the incident, and 2) whoever punched me as I sat on the wall did it from behind me, or to the side, where I couldn’t see them.
I voluntarily brought up drinking (not led by Mrkva), to clarify that it might have altered my voice somewhat, but not my balance or behavior.
Much was also made (later) of my failing to complain to the officers about the injuries I received from them. To this day, I cannot comprehend why I would be expected to do that. Whether they all took turns hitting me, or whether some hit and some watched, they all saw that I was knocked unconscious, and sustained cuts and bruises. It would be like complaining to sharks about them biting you.
I was sure that I gave the security guard's pager number to Mrkva or Cluney - why would I not? - but inexplicably that information does not appear in either interview.
This second interview was on October 2nd, 1996. Mrkva also spoke to Wendy after he finished with me, but I never received any copy or record of their conversation.
That was the extent of our Police Commission complaint, as far as we knew. Months went by. On March 18, 1997, Mrkva called me to ask about the tow trucks that Wendy had testified about. I knew nothing, but Wendy was there, and they talked briefly.
*. *
Honolulu Police Commission April 17, 1997
Dear Mr. Arney,
The Honolulu Police Commission has conducted an extensive investigation of your complaint filed on September 27, 1996, and the case was discussed at the April 16, 1997 Commission meeting.
On the basis of the available facts from the investigation and meeting discussion, the Commission found there was insufficient evidence to support the Discourtesy-Degrading Language and Harassment charges and was unable to determine that the actions were committed or that there was responsibility on the part of the officers. In regard to the Malicious Use of Force charge, the Commission found that that the officers had acted accordingly within the guidelines established by the Honolulu Police Department.
The Commission’s investigation included the interview of all available witnesses to the incident and the review of all documented evidence and information. However, our inability to find in your favor does not preclude you from pursuing your complaint through other channels.
Please be assured that we are doing our best to maintain high quality standards for behavior of all personnel in the Honolulu Police Department. As a citizen’s review board, we endeavor to gather all available facts, and must be able to determine responsibility for actions. We are sure that you as a citizen want us to act prudently and make careful decisions.
Thank you for interest and willingness to support our system toward the goal of improving it.
Sincerely,
Ronald I. Taketa
Chair
Arney 2021
As far as the Police Commission was concerned, that was it. As far as Wendy and I went, that would have been all we got from them.
Not really. We would have had our memories of visiting the P.C. They provided no transcripts of the interviews at all, and of course, there was some conversation before and after the interviews were taped.
Of course, my comments weren't included either, but I have to put them someplace. We can't have you, dear Reader, jumping around Polawa , looking for such things. This is where they are relevant.
This is also the end of Police Commission I. For now, at least.
In the interests of keeping Polawa in the correct sequence of events, remember that these interviews were on September 27th and October 2nd. I refer you to the next section, In Criminal Court. On the afternoon of December 30, 1996. I was on trial for allegedly pushing an officer.
* * *
POLICE COMMISSION II
Mrkva also interviewed some of the officers, but not until after we had gone to court for the harassment charge. The trial was on December 30, 1996, and Mrkva's first interview with an officer was four days later, on January 2, 1997.
The first officer interviewed was Dru Akagi. Mrkva started all of the officer interviews with a basic query:
"Officer AKAGI, the complainant in this case is Alfred ARNEY. And the incident that he is complaining about allegedly took place at the parking lot at the corner of River Street and Nimitz Highway. This was on September 26, 1996, which was a Thursday, at approximately 1:30 to 2:00 in the morning, according to the complainant. Officer AKAGI, do you recall an incident that night with this complainant, Alfred ARNEY?"
Yes, I do.
And was this the first time that you had met up with this complainant?
Yes, it was.
And, have you seen him since?
Only in court.
Alright. Did you have any direct interaction with him at court?
No.
Alright. How did this incident start for you that night?
This incident started while we was on regular patrol. We were sent via dispatch to a female and male arguing near Nimitz and River Streets. And, from there, we proceeded down there to investigate what was going on.
And, what did you observe when you first arrived?
Well, when I first arrived over there, I observed, first we didn't find anything, at first. Then, as we were searching more, I had noticed a male and a female walking on Nimitz, Kokohead bound, and the female was hanging onto the male. And they were screaming and yelling at each other.
And then, what happened?
At that point, we pulled them over to the sidewalk. We stopped them. And I told, I wen' separate, I told the female to come with me just to separate them to stop the yelling. So, you know, just to separate the two persons.
And, what was the result of your conversation with the female?
She was crying and yelling. I was trying to calm her down. I took the female. Officer Lopes had the male. And, I took, she was crying. I said "Calm down." And I began to get her basic information, face page information from her.
And, how many officers were there at that time?
At that time, two. And Officer Aina and Officer Wingo, were, I'm not exactly sure where they were. But, I know they were right in that parking lot somewhere.
And, can you give me a little better idea of exactly where in that parking lot it was? Was it by the ...
It was by the makai entrance.
What happened after you got the face information, face page information?
I was getting the face page information. I heard Officer LOPES begin to get his information. And, he asked for his I.D. Then, I heard the defendant, Mr. ARNEY, raise his tone of voice to be what I think was aggressive at that point and turned around to see what was going on. And then Mr. ARNEY said, "My I.D.?", something to that effect. "Where's your I.D.?" and gave him a shove to his, you know,
his right chest area. And, took a couple steps back. At that point I turned around to check on the female to make sure that she wasn't going to have any aggressive actions. And, by that time, Officer LOPES and I think Officer AINA was over there already and they sat 'em on the wall. They had 'em on the wall when I turned back around.
What happened after that?
Then, after that, I got the information from the female and Mr. ARNEY. Mr. ARNEY, he didn't, he was refusing to give any type of information or cooperation with Officer LOPES.
Was he handcuffed at that time?
And, after attempting to get all the information, he refused. At that time, he was handcuffed.
Was he still sitting down when he was handcuffed?
Yeah.
Was there any problem there with the handcuffing? Any difficulty?
Yeah. He just, he wasn't cooperating.
Was any force used on him?
No.
These are his allegations and what he said happened on that night. He said he was told to sit on the wall.
Uh-huh.
And, that the officers there had proceeded to badger him and taunt him.And then, he claims that at one point he was punched on the left side of the head. And then a minute or so later, he was punched on the right side. And then he was repeatedly hit on the left and right side. So, he claims that he was hit a total of four times that he recalls. Alright. First of all, did you do that to him?
No, I didn't.
And did you see any other officer do that to 'em?
No, I didn't.
He also claims that he had been punched one more time so hard that it forced him onto the dirt on the other side of the wall. Did you see any officer do that?
No, I didn't.
Did he ever fall down on the ground?
That I recall, no.
No. Nothing like that. Okay. He also, he also claims that the officers "kept insisting that I get up." And, that one of the officers called him an asshole. Did any of the officers do that?
Nope.
Did they ever say how much they had been drinking that night?
I can't remember off the top of my head. But, they did state that they were drinking.
And, could you detect a smell of alcohol?
I could smell it. I could smell from both parties.
What was the demeanor of the female during this incident?
Um, she was still crying. Hysterical.
Okay.
We never did find, I don't think we ever did find out what they were actually fighting about.
I see. What was her reaction once her friend was arrested?
She started crying even more. And, she told me to, I don't know, she was asking me to help her. I said, "Well, I can't help you in any way." Asking, she wanted some money from me basically to, to get her car or something. That's what I remember.
She had it in a parking lot or something?
Yeah. I think she said, she had it in a parking lot. She doesn't have money. She's claiming that since I'm Japanese that I should give her money, so she could get her car out.
I see. And she was actually going to drive home, I take it?
Uh, I have no idea.
Did you escort ARNEY to the Central Receiving Desk?
Um, I think Officer Aina and Officer Wingo did, transport 'em there.
When was your last involvement with these complainants?
Um, that was it. I mean right after that, after they, Officer LOPES and Officer AINA put 'em in a car and that was it. I never did see 'em again.
Alright. Well, that will complete all the questions then that I have for you. Other than (that), he did mention that he was being badgered and taunted. Did any officer at any time do that to him?
No. No one did that.
And , have you talked to anyone else about this complaint Arney has made?
No. I just received this the other day. No.
The memo to ...
Yes.
Okay. Then that will complete all the questions I have for you. Was there anything else you wanted to mention about this complainant or this incident before I turn off the tape?
No. That's it.
Well, I want to thank you for giving me your statement today.
Okay. No problem.
* * *
The next interview was on March 11, with Ronald Lopes.
Officer LOPES, the complainant in this case is Alfred ARNEY and the incident ... September 26 ... River and Nimitz... do you recognize the complainant from the photograph I have here in front of you?
Yes, I do.
And was this the first time that you had met up with this complainant?
Yes, sir, it is.
How did this incident start for you?
Well, we got sent down onto River and Nimitz on a domestic argument between a male and a female.
And what did you see when you arrived?
When I got there, I saw Mr. ARNEY and his girlfriend. Her last name is ******. I don't remember the first name. They were arguing. She was hanging on to him and they were yelling at each other.
Okay. How did you first approach these individuals?
We pulled up, me and Officer AKAGI pretty much next to where they were arguing. And we got out of the car and we separated the two. I asked Mr. ARNEY to come with me and ****** went with Officer AKAGI.
And how did the situation continue from there?
Well, I asked Mr. ARNEY what was going on and if I could see his I.D. And he just ... he said, "You want to see my I.D.? I want to see your I.D." And that's when he just pushed me with his left hand in the chest.
He actually physically pushed you?
Yeah. Pushed me in the chest area, open left palm, and pushed me.
And what happened after that?
I took a step back because I wasn't really ready for it and I reacted by pushing him back. At that time, he kind of took a step back and sat down on the wall.
And was Officer AINA around at that time?
They just pulled up right when it happened.
Okay. Let me go over his allegation here. He alleges that unidentified officers had told him to sit on the wall, then proceeded to badger and taunt him. Did that ever happen?
No, sir, it didn't.
And he claims that at one point an unidentified officer punched him on the left side of his head. A minute or so later, an unidentified officer punched him on the right side and then he was hit on the left and right again. He assumes that he was hit a fifth time because he landed in the dirt of the parking lot. Okay. Did you do any of those things to him?
No, sir.
And did you see any other officer do that to him?
No, sir. Not at all.
He also claims an unidentified officer had called him an "asshole." Did you say that to him?
No.
And did you hear any other officer say that to him?
No, sir.
When he actually sat down on the wall, did he ever fall down into the dirt at any time?
No, no. He kept trying to stand up. We just used his shoulder telling 'em to keep sitting down. Because right after he pushed me, Officer WINGO came around with Officer AINA and we handcuffed him right there, sat him on the wall and kept him ... he kept trying to stand up, but we just kept telling him to sit down, sit down. So, eventually, we finally got him in the car.
And was any other use of force necessary on this complainant?
No. Once he was handcuffed the only thing we were doing was just telling him to sit on the wall.
And could you tell if he had been under the influence of drugs or alcohol during this incident?
He had a strong odor of alcohol, consumed alcoholic beverages emitting from him, and he related that he was at a bar earlier.
What about his companion, the female that was with him. Could you tell if she was under the influence at all?
Yeah. She was. She also had a strong odor too. Just her demeanor, just when she spoke and stuff. You could tell she was intoxicated and I believe that's what the argument was about.
About how long did this incident last?
When he pushed me?
No. The whole incident from the time you arrived to the time that you finished up there?
I would say no more than ten minutes.
Did he ever make any complaints of injuries?
Not at the scene.
And who did the transporting, do you recall?
Officer WINGO and Officer AINA, I believe. I can't ... I think it was them.
Alright. And have you discussed this case with anyone else, this complaint that he's made?
Just in court with the prosecutor and the -- and I had to testify in court.
About how long ago was that?
That was back in December, I believe. Beginning of December, he went to trial on this.
And do you recall who your supervising was on the day of the incident?
On that exact date, no. It could have been Sergeant MARIANI, but I'm not sure.
And I don't suppose you recall the lieutenant?
No.
Alright. That'll complete all the allegations he has and all the questions I have for you. Was there anything else that you wanted to mention about this complainant or this incident before I turn off the tape?
No.
Thank you for your statement today.
* * *
The third interview was with officer Wallace Aina, on March 12, 1997:
Officer AINA, the complainant is Alfred ARNEY and the incident ... took place at the parking lot at the corner of River Street and Nimitz Highway ... September 26 ... Officer AINA, do you recall this complainant Alfred ARNEY from the photograph that I have there in front of you?
Yes, I do.
And was this the first time that you had met up with this complainant?
Yes, it was.
And have you seen him since?
No.
Alright. How did this incident begin for you?
Well, as you mentioned, on that day and time we were sent to River and Nimitz to assist Officer LOPES and AKAGI on an argument type case involving a male and female.
And what did you observe when you first arrived?
When I first arrived I seen Mr. ARNEY, who I didn't know at the time, but I seen him speaking to Officer LOPES.
Okay. And how was that going, what was that conversation about?
At that time upon I exiting my vehicle, I heard Officer LOPES request for Mr. ARNEY's identification card to identify him. Mr. ARNEY then at that time was demanding that he see Officer LOPES' I.D. card. He was very insistent on that, you know, he see his identification. Mr. ARNEY appeared, he was very argumentative. He had his fist clenched at his side and he looked to me to be in an aggressive stance.
And how did the situation progress from there?
What happened then as I started walking towards Mr. ARNEY and Officer LOPES, I seen Mr. ARNEY shove Officer LOPES with his left hand, causing him to take a couple of steps back to keep his balance. At which time, myself and Officer WINGO, we then rushed over and detained Mr. ARNEY.
And as you were detaining him, how did that go?
What happened is Officer WINGO placed the cuffs, handcuffed Mr. ARNEY, and we had him sit down. There was kind of a brick wall as you would say, right behind us. So we had Mr. ARNEY sit down on the wall while we spoke to Officer LOPES and we got everything together.
What happened is Mr. ARNEY being that he was really drunk, he kept standing up as he was cuffed. We instructed him to stay seated. He was still standing up couple times and he was like real uncooperative. He was yelling at us. He was still demanding to see our identification cards, even though we had instructed him that he had been arrested.
And did he have the handcuffs on at that time?
Yes.
Was he handcuffed while sitting down?
Yes, he was.
His allegations here were that unidentified officers told him to sit on the wall and then proceeded to badger and taunt him. Did that ever happen that night?
No, sir.
He also claims that one point an unidentified officer punched him on the left side of his head. A minute or so later, an unidentified officer punched him on the right side. Then he was hit on the left and right again. He assumes that he was hit a fifth time because he landed in the dirt of the parking lot. Alright. First of all, did you do those things to him?
No, sir.
Did you see any other officer do that to him?
No.
He also claimed an unidentified officer called him an asshole. Did you say that to him?
No, sir.
And did you hear any other officer say that to him?
No.
Did he ever land in the dirt? Did that ever happen?
No. That didn't occur.
And what was the role of the female in all of this?
The female?
The ... his companion that was there.
Well, I guess that she was the one involved in the argument because they were still yelling at each other. Even though we had them separated they were still yelling, going back and forth with each other. So I guess they were maybe boyfriend / girlfriend.
Okay. And did she interfere at all with this?
No, we kept her off to the side.
And according to the roster I have here, I have your supervising sergeant being Ben BALLESTEROS and supervising lieutenant being Ronald YUEN. Is that correct?
Yes, sir.
Have you talked about this complaint that ARNEY has made with anyone else?
No, I have not.
Alright. That'll complete all of his allegations then and all the questions that I have for you. Was there anything else that you want to mention about this complaint or this incident before I turn off the tape?
No, sir.
Thank you for your statement today.
* *. *
What a difference in the interviews! Mrkva pursued nothing, apparently accepting the officers’ words as proof. There is nothing like Columbo here.
In particular, the officers all alleged that I persistently demanded to see an officer’s ID. State law at the time said that officers must identify themselves, so why didn’t the officers at some point - if only to shut me up about that - show me something?
They did. Early in the incident, my face was shoved into Aina’s chest, where I saw his name. I said at the time that that was more than enough ID, and I repeated Aina’s name when they were badgering me on the wall. “The officer showed me the stitches on his chest very closely,” was what I told Cluney, and confirmed that with Mrkva, who conveniently ignored it. There was not a single question to any officer about how I might have “got” Aina.
The obsession with the officers’ ID was, and still is, the officers’ obsession. The badgering on the wall was all about why I might want their ID. There was no yelling. I answered their questions until they started punching me.
There was no “yelling back and forth” between Wendy and me, either. Curious as it might seem, the officers were quite observant about me demanding an ID, or pushing Lopes with my left hand, but they heard nothing to clarify what Wendy and I were allegedly yelling about. Not a single word. If I wasn’t yelling at the officers I was yelling at Wendy, but they missed it all. Of course, Mrkva didn’t ask at all.
Furthermore, there is no evidence of yelling. In Court, security guard Steven Later testified that an officer was talking to me, but he couldn’t hear what was said. No yelling, but he heard Wendy screaming and crying. Of course this, too, was at the trial that Mrkva deigned to canvas for witnesses, so he didn’t submit it to the PC.
Anyway, there was no yelling. Out of control, drunk, and yelling is all the officers’ fiction.
Conspicuous by it’s absence: any mention of a breathalyzer or intoxylizer test for alcohol. Current HPD policy stipulates that officers “… request that the arrestee take a breath test to determine the alcohol concentration in an alcohol related offense.” In a previous arrest (In 1989, not involving harassment or DUI. See “Documents.”) I had to take a breathalyzer test, so it’s likely that HPD had a similar policy in 1996. None of the officers mentioned requesting a test, Mrkva didn’t ask about one, and neither he nor anybody else at HPD or the PC submitted any evidence to back up the officers. There is zero corroborating evidence for alcohol.
Furthermore, there is no evidence of yelling. In Court, security guard Steven Later testified that an officer was talking to me, but he couldn’t hear what was said. No yelling, but he heard Wendy screaming and crying. Of course, this was at the trial that Mrkva deigned to canvas for witnesses, so he didn’t submit it to the PC.
* *. *
The Police Commission did not reach any conclusions until April of 1997 and, as I have related, I did not see any copies of their work or reports for a few years.
Topics might seem out of sequence at this point. Wendy and I visited the P.C. in September and October of 1996. My trial was on December 30, 1996, which you can see in the "In Criminal Court" section. Then Inspector Mrkva interviewed Akagi on January 2, 1997, and Lopes and Aina on March 11 and 12, respectively.
Mrkva ultimately submitted nine enclosures to the Police Commission, including my original statement, my interview and Wendy's, and those of the three officers. Two of the enclosures were photos, my mug shots, taken when I was booked at the police station, and photos of my injuries taken by Cluney. The copies of the photos that I eventually received were of such poor quality as to be useless, so I won't include them here. Cluney took them as evidence of injuries, and Mrkva submitted them. They thought the photos were relevant, so we'll leave it at that. My copies did not include images of my face which Cluney took, and we don't know if the P.C. got all the images. Or if they got better quality ones.
Also included was a transcription of the medical report from Kaiser Hospital, which shows that I was admitted at 3:25 AM.
ENCLOSURE #3
Original assessment: ... complains of pain to right elbow, right rib, , neck and also right arm and thumb numbness.
Physical exam:
Slight contusions both cheeks without fracture.
Chest / back / abdomen: multiple minor abrasions.
Extremeties: multiple minor abrasions.
Slight decreased sensation right thumb.
Concluding assessment:
Multiple minor abrasions.
Contusion right thumb.
Of course, there's no direct evidence to connect these injuries to the Incident. I had them at 3:25 AM. Mrkva's interviews indicate that the Incident ended about 2:00 AM, when I was taken to the police station. ...
MRKVA’S INVESTIGATIVE FOLLOW UP REPORT:
Complainant Unable to Identify Accused Officers:
On October 2, ARNEY was shown the mug - photographs of all officers working out of District 1 during the date and time of the incident. ARNEY was unable to identify any of the officers he had a complaint against. The identification
interview was taped, and is included at Enclosure 2. The mug-photographs were also shown to witness Wendy ****** immediately after the identification interview with ARNEY. ****** was also unable to identify any of the officers in ARNEY’s complaint.
Scene of the Incident Canvassed for Witnesses:
On February 21, 1997, the scene of the incident was canvassed for witnesses. According to all accounts, the incident occurred near Aala Parking at the corner of Nimitz Highway and River Street. I spoke with Mr Legasioi JUSTINIAN of Aala Parking, who informed me that the parking lot closes at 1800 hours daily. This would have been over six hours before the time of the time of the incident according to the communications dispatch. There are no other businesses close to the lot from where the incident could have been seen or overheard. Therefore, no witnesses could be located.
Witness ****** Refuses to Provide Name of Towing Company:
On March 18, 1997, at approximately 12:30 hours, ARNEY was called to obtain any information he might have on the tow trucks that witness Wendy ****** mentioned in her statement. ARNEY stated that he could not say whether were tow trucks there or not, and told me that I would have to speak to ****** about that.
ARNEY handed the phone to ******, who stated that she now knows the name of the tow truck company that was present on the night of the incident, although she did not remember what it was the day after the incident when her witness statement was taken. When I asked her what the name of the company was, ****** refused to provide the name over the phone. When I asked her why, she stated that she did not want to be taped. I assured her that I was not taping our conversation, and she continued stating that her “atmosphere has not been very well.” I asked her, “How is that?” ***** responded, “In so many ways.”
****** stated that there were a lot of other things that she would like to cover with me concerning items not related to this case. I told her that I was trying to complete this case at this time, but she continued to refuse me the information she claimed to have. I told her that without her cooperation, I would have no option but to complete the investigation. To date, ****** has not provided the information requested.
DISPOSITION:
Submitted for your perusal and disposition.
BRAD A. MRKVA
Investigator
Honolulu Police Commission
March 18, 1997. 1745 hours
Arney, 2021
Complainant Unable to Identify Accused Officers
“On October 2, 1996, ARNEY was shown the mug photographs of all officers working out of District 1 during the date and time of the incident. ARNEY was unable to identify any of the officers he had a complaint against. The identification interview was taped, and is included at Enclosure 2.”
This was the trap.
Mrkva didn’t tell me that I had to positively visually identify my assailants, from photos. He just asked me to pull out the photographs of the officers I had a complaint against, which I did. I qualified my judgement, explaining that I saw officers every day at work, because they came to Magoo’s for free pizza, and I didn’t want to accuse the wrong person. The photos that I pulled out “… made me recoil…”. On that basis, I indicated that they were the ones I made the complaint about. Mrkva never stated whether or not the photos I pulled were all wrong, or matched some of the officers who arrested me , or matched all of the officers.
I further qualified my statements, because my glasses were off for most of the incident, starting in the first few seconds. I was extremely nearsighted, unable to focus on anything beyond 2 feet, and wouldn’t have been able to recognize my mom in conditions like those at the incident. All of the officers’ photos featured happy, smiling officers, none of which matched the officers’ real faces, which were contorted in anger. A photo of Foghorn Leghorn would have matched Officer Lopes, and a pumpkin closely resembled Officer Aina’s face.
And, I specifically identified Officer Aina, because my face had been shoved into his chest, where his name was stitched on. I didn’t say that he hit me, because whoever was punching my face was standing behind and to the side of me. I was being an honest witness, and identified Aina as being there, but didn’t want to falsely accuse him.
We can only wonder - did the entire Police Commission read and accept my statement and qualifications? When asked to pull out photos of those I accused, I did. I mentioned Officer Aina several times. Mrkva presents this as “unable to identify.”
This was the trap, and we are still facing it in 2021. Will we make individual officers identifiable and responsible, or can they commit crimes anonymously?
Scene of the Incident Canvassed For Witnesses
This is why there are jokes about government workers being followed around by snails. The incident happened shortly after midnight on September 26th. The complaint was taken on Sept. 27th, and Mrkva’s interview with me on October 2nd. On February 21st, FIVE MONTHS LATER, Mrkva canvassed the area for witnesses. He doesn’t mention if he went shortly after midnight.
Mrkva mis-identifies the location as at River St. and Nimitz Hwy., near Aala Parking, when it was actually the reverse - at the entrance to Aala Parking, near River and Nimitz. The river, Nuuanu Stream, and the bridge across it, are in between the 2 locations, and areas of park, so they are about 200 yards apart. If Mrkva was paying attention, he would have noticed that there was “… a new building complex there at the corner of River and Nimitz,…” as Cluney had asked Wendy about, or because the building was physically present there, and visible. It also had security guards, and Wendy had mentioned “…talking to a security…” Even though he named the location, Mrkva did not canvass River and Nimitz, where there had been a witness.
Mrkva “… spoke with Mr. Legasioi Justinian, of Aala Parking, who informed me that the parking lot closes at 1800 hours daily.” “Of Aala Parking” doesn’t define if Mr. Justinian was a manager, clerk, or tow truck driver, or whether the lot was locked up at 1800 hours, or still open for towing jobs, or tow trucks. If Mrkva was talking to Justinian prior to 1800 hours, it again seems likely that he was doing his canvassing way before midnight.
Mrkva refers to “… the time of the incident according to the communications dispatch.” Ah. The officers’ first lie.
Okay, I am going to object to this criticism, because the PC was probably not made aware that there was no communications dispatch. Three of the officers reported that they were “sent via dispatch,” one did not.* My criticism arises from my own request for documents when I sued the officers. From Civil Case NO. 98-00786; November 10, 1999; Honolulu City Counsel, response to request for documents; from answer # 1: “…No “memo book entries”, “radio transmissions and dispatcher notes”, “notes made by the writing officer and all other officers including “mobile digital terminal messages” or data, including audiotapes made by any officer of the plaintiff or the officer”, or “accident reports,” are known to exist.”
* Just an interesting note - Officer Wingo was the officer who was not “sent via dispatch,” the one who fled from Hawaii before I could sue him, and the only Haole besides me…
Anyway, the Police Commission was not made aware of this by Mrkva, so I don’t hold them liable for accepting it. They might have asked on their own about the alleged dispatch, but it’s not likely. “Sent via dispatch” sounds so credible, it is just accepted as true. In the entirety of Polawa, I was the only one to question it, and I had to be persistent.
Mrkva concludes: “There are no other businesses close to the lot from where the incident could have been seen or overheard. Therefore, no witnesses could be located.”
Actually, there were 4 instances where Mrkva failed to “get” that there was a witness. I am positive that I gave the security guard’s pager number to both Mrkva and Cluney, and was surprised that that didn’t show up. Maybe I was wrong about that, but the new building at the River / Nimitz location had an obvious security station. And my trial on December 30th wasn’t the scene of the incident, but my witness Steven Lauer, was there. Mrkva didn’t interview any of the officers until after the trial, and should have known by that time that I had a witness and had been acquitted.
Arney 2021
Witness (Wendy R.) Refuses to Provide Name of Towing Company
This is simply another attack on Wendy’s credibility. Mrkva implies that if Wendy provided the name on the tow trucks, he might be able to track down the drivers as witnesses. As Wendy related in her statement, the truck drivers were complicit in blocking the view of my assault, meaning that they took part in the crime. Mrkva would have us believe that he’d be able to call a towing company and have them question their drivers about taking part in a crime 5 months earlier, and that the guilty drivers would volunteer this information.
Mrkva called me about this, even though I had not said a word about tow trucks. He was expecting no information from me, and was preparing to close the case that day, which he did. He was NOT expecting to speak to Wendy, either, but makes it look like her refusal to provide the name was critical to the case.
This is all Mrkva’s version of the conversation. He explicitly told Wendy that he was not recording the conversation, and there is no transcript of it. It could all be fiction, for all we know, or the PC knew.
Wendy’s comments about the atmosphere not being very well, and other things she would like to cover not related to the case are out of place here. They only add to the picture of Wendy being unstable and unreliable. I don’t want to bias your reading of this, but if you want to see what she was referring to, read the “In Criminal Court” section of Polawa. Her daughter was being stalked, and we were cooperating with the police about that. She shared none of that with Mrkva, so the PC probably didn’t hear about it. Or did they? The entire island of O’ahu is officially the City and County of Honolulu, and all police are HPD officers. It’s entirely possible that somebody in the system noticed the same names (mine and Wendy’s) showing up in an arrest, criminal trial, PC complaint, and working with HPD on stakeouts looking for a vehicle stalking an 8th grade girl when she left school. And it’s possible that the PC somehow acquired that information.
* * *
To say that the Honolulu Police Commission failed implies that they tried.