Thursday, March 28, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, October 10, 2014
Prosecutor: Criticism of Cachola Case 'Uninformed'
By News Release @ 3:40 AM :: 3900 Views :: Law Enforcement

Statement from Prosecuting Attorney Keith M. Kaneshiro

News Release October 9, 2014

It was suggested in news reports that the prosecutor's office took the case of Sgt. Darren Cachola to a grand jury as a way to deflect criticism for not charging him.

This is uninformed and wrong.

While grand jury proceedings are confidential and prosecutors cannot comment on them unless an indictment is returned, it is important to set the record straight about the reasoning behind the move.

When the investigation was turned over to our office, police said there was insufficient evidence to support a charge.

HPD's conclusion was based on these issues:

• Lack of a complaining witness, a victim willing to press charges and testify in court.

• No physical injuries.

• No witnesses to the event willing to provide statements.

• The full surveillance videotape, which showed several physical interactions before and after the brief clip distributed to media and could possibly raise doubt about who the aggressor was.

But where police had exhausted their options at this point, prosecutors had one more.

By issuing grand jury subpoenas to reluctant or uncooperative witnesses, we could compel them to testify and tell the panel - under oath- exactly what they saw and heard as the events on the videotape unfolded. Members of the grand jury also are allowed to question the witnesses as well as police officers called to the scene and detectives who follow up. All the available evidence can be offered for their consideration.

The law does not prohibit presenting misdemeanor cases to the grand jury. The presentation of every available witness and item of evidence is critical in deciding whether a crime has occurred.

That is exactly what the prosecutor's office did with an investigation that had stalled.

Taking the case to a grand jury wasn't about looking for a way out. It was about finding the most effective strategy to obtain and present all the facts and have an independent decision made.

---30---

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT