'MAUI TRIP' OFFICERS PLEAD NO CONTEST

Three Kauai police officers entered "no contest" pleas yesterday to
second-degree theft and tampering with government records charges for
failing to attend a federal- and county-funded training.

The training the police were supposed to attend was a marijuana
eradication seminar from Sept. 13 through Sept. 15, 2005, in Maui.

Instead, the state argued, Sgt. Wesley Perreira, Sgt. Lawrence Stem
and officer Channing Tada flew to Kahului, clocked hours, were cut
per-diem checks and used their time as a vacation.

Perreira, Tada and Stem were indicted on counts of tampering with a
government record, a misdemeanor; Tada and Stem also were charged with
two, second-degree felony theft counts. Stem was Tada's superior at
the time.

Perreira was charged with one count of felony theft and one count of
second-degree attempted theft.

All three face up to 23 years in jail and $26,000 in fines, according
to Deputy Attorney General Christopher Young.

Though the three haven't been fired, a letter of pending dismissal was
sent out to them Jan. 15, according to Chief of Police Darryl Perry.

The letter states the men are entitled to a pre-determination hearing,
in which they can present their case against pending dismissal, with
their representatives.

The letter also states the hearing was to be Jan. 30; however, that
date was pushed back to February because of the pending court
adjudication hearings, Perry said.

The three have been on administrative leave with pay since Aug. 22,
2006.

That status will stay in place pending receipt of court documents
confirming their "no contest" pleas; following that, the department
could put the men on administrative leave without pay, pending dismissal.

Though Perreira, Stem and Tada didn't contest the charges, the state
didn't offer them a plea deal for forgoing trial.

Michael Green, Perreira's attorney, said the state had offered to
dismiss some of the charges in exchange for guilty pleas; but that was
not an option, he added.

"We have not plead guilty to any of the charges," Green said. "They've
elected not to contest the charges."

Young, who had asked Fifth Circuit Judge Kathleen Watanabe to consider
rejecting the no-contest pleas, said in an interview outside of court
that the officers should have admitted guilt because "they took an
oath to uphold the law."

Though Perry couldn't comment on the severity of punishment the men
face, noting, "that is to be decided by the judge," he did say police
have a high standard to which they are held.

He also said that standard reaches all KPD employees.

"Whether you're a subordinate or supervisor ... we emphasize the need
to 'do the right thing,'" he said.

"...We expect them to do what they have been trained to do, regardless
of the position they hold. In addition, we have departmental
directives to assist in their decision-making process. ...Employees
are not required to obey any order which is contrary to federal or
state law, local ordinance or standard of conduct."

Watanabe will rule April 30 on a motion filed by the defense to defer
judgment.

Should that happen, Green said, the defendants could forgo prison and
instead be under supervision for a period of time determined by the
judge.