POLICE CHIEF UNDER FIRE CONCERNING MARIJUANA ERADICATION FUNDS

A complaint that the chief of police falsified documents when he
endorsed an application for federal Green Harvest funds will be heard
this week by the Hawaii County Police Commission.

The commission meets 10 a.m. Friday at the Mauna Loa Room of the Kona
Surf Hotel.

Del Pranke, a police watchdog from Puna, said Police Chief Wayne
Carvalho violated federal regulations when he signed a letter of
agreement April 11 with the Office of Justice Programs to accept
$265,000 for marijuana eradication.

Similar concerns about Carvalho's role were partially responsible for
the Hawaii County Council's finance committee deferring acceptance of
the money until the matter was clarified by county lawyers.

The letter of agreement requires an authorized officer or employee to
sign a form that states:

"The applicant certifies that it and its principals ... have not
within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting
to obtain or performing a public transaction under a public
transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements or receiving stolen
property."

In December, Carvalho lost a civil lawsuit over rigged promotions in
the Police Department. A Big Island jury found the chief committed
fraud and engaged in bribery and racketeering against the 19 current
and former officers who sued him.

Pranke said the Police Commission may try to consider the complaint
against Carvalho during an executive session. Hawaii law requires the
commission to approve executive session by a two-thirds vote.

Pranke said he does not believe the issue should be discussed in
private and will not leave the room if the executive session is approved.

"I'll get arrested if I have to," he said. "Hawaii's Sunshine Laws
don't allow for this to go into executive session."

Should the County Council reject the grant, police officials have said
they will not stop marijuana eradication. However, they have said
their efforts will be hampered severely.

Most of the federal grant money is used to rent helicopters, which are
used to fly over areas and spot marijuana plants, and to pay overtime
for officers who participate in eradication missions.

Carvalho did not return a telephone call Monday from West Hawaii
Today.

Pranke said he also will ask the Police Commission to investigate the
way the forms were filed.

According to the letter of agreement between the Hawaii County Police
Department and the DEA, a pre-signed agreement was forwarded to
Carvalho with the special agent in charge endorsing the agreement
March 16, almost a month before Carvalho signed it.

"Does the DEA approve blank documents and give them to the police
department, or was the special agent simply off by a month?" Pranke
asked. "If the first is true, then that raises some big questions
about how these programs are really monitored."