OFFICER CLEARED OF MISCONDUCT

Police say a vice officer who was accused at a January County Council
committee meeting of misconduct in 2007 had been previously cleared
of the allegations.

The claims against Officer Brian Prudencio were made by a tearful
14-year-old Kian Tatum in a Jan. 5 hearing of the Public Works and
Intergovernmental Relations Committee. The committee was discussing a
resolution by Kona Councilman Kelly Greenwell to urge the state
Legislature to decriminalize adult possession and personal use of
marijuana. The proposal was rejected.

Assistant Chief Marshall Kanehailua said Friday that two separate
investigations were conducted into Tatum's allegations against Prudencio.

"These serious allegations are thoroughly investigated both
internally -- and if it rises to the level of (possible) criminal
(charges) -- it is investigated as a criminal offense, as well, and
routed to the Prosecutor's office for their decision," Kanehailua said.

"In this particular case, which is relating specifically and only to
Brian Prudencio, those allegations were investigated both criminally
and internally, and he was cleared of any wrongdoing."

Kanehailua had told the Tribune-Herald in January that the
allegations had been investigated, but did not go into specifics.
Under the collective bargaining agreement between the state and the
State of Hawaii Organization of Police Officers, personnel matters,
including those pertaining to possible disciplinary action, are
confidential. Police released the information at Prudencio's request.

Prudencio was among the officers who conducted a June 4, 2007, raid
on the Fern Acres home of Kian Tatum's parents, David and Wendy
Tatum. In addition to 7.6 pounds of marijuana, court documents
indicate that police found 110 marijuana plants from 4 to 5 feet in
height, numerous pills, including morphine sulfate, $2,420 in cash
for possible forfeiture, and a .22-caliber rifle and ammunition,
which was registered to a friend of the Tatums.

David Tatum was sentenced Wednesday to 30 days in jail and five years
probation for second-degree commercial promotion of marijuana and
first-degree promotion of a detrimental drug. In return for his
no-contest plea, prosecutors dropped more serious charges, including
first-degree commercial promotion of marijuana and promoting
dangerous and harmful drugs.

As part of David Tatum's plea agreement, all charges were dropped
against Wendy Tatum.