Wednesday, April 12, 2017

Maui Mayor and Prosecutor are Trying to Have Me Killed

In 2008 the County of Maui government showed that it is a corrupt and criminal entity utterly devoid of the rule of law. While lawfully demonstrating on a public sidewalk near a health fraud store, protesting its criminal activities (such as claiming its supplements could cure advanced cancers and HIV/AIDS and urging people not to get vaccinations because they are deadly and its products could prevent all the common childhood diseases), I was brutally assaulted by the store's security guard. I suffered severe injuries including four cracked ribs and a shredded rotator cuff which, in spite of surgery still causes pain nine years later. Two cops witnessed the assault. Nevertheless, the assailant was never arrested or prosecuted. When I sued the store and its owners the two cops refused to truthfully testify to what they witnessed, which constitutes the crime of obstruction of justice. See Case #4 below. Now history is nearly repeating in this, Case #5. 

Case #5 (See other posts for #1-4)

On November 6, 2016, I was viciously assaulted by a drunken maniac who lives across the hall from me in a rooming house. I had done absolutely nothing to provoke the attack. I sustained several cracked ribs and a collapsed lung, and I was hospitalized for 15 pain-filled days. The surgery to insert a tube into my lung was one of the most painful experiences in my life. Just after the assault I managed to call 911 and the ambulance and police arrived at the same time. I was in no condition to talk to the police and the medics rushed me to the hospital. 

After a couple days I felt well enough to talk to the police, so I called them and requested that an officer come to my bedside and take my statement about the incident. The officer I spoke with on the phone denied my request because, she said, it had already been determined (by speaking with the assailant after I had been whisked away) that it was a case of disorderly conduct, not assault. I was stunned and tried to explain what had happened, but she was adamant and very condescending. She refused to hear me out, saying I did not understand the law and she would have a sergeant call me later and explain it to me. 


The sergeant never contacted me and I proceeded to call and repeat my request every day for the next 12 days, only to be denied each time. The hospital is only about two blocks from the police station, but they couldn't be bothered. I asked my social worker to call them and see if she could persuade them to come take my statement, but she had no success. Finally I angrily threatened to sue them for obstruction of justice. Only then did they send an officer to come talk to me. 


The officer was competent and thorough and seemed sympathetic. He recorded my half-hour statement on his cell phone and also took the 8-page statement I had managed to hand print on paper given to me by hospital staff. He later told me that it was an assault II case and it would be sent up to the prosecutor. He (or another officer -- I don't recall) also suggested that I file a petition for an injunction against harassment (like a TRO, temporary restraining order)  because the assailant would not be arrested right away, as the prosecutor would take some time to consider and process the case. 


When I was discharged and returned home the mad dog who had assaulted me subjected me to a barrage insults, threats, and vile harassment. For example, while in the parking lot he would swerve his moped at me, trying to make me lose my balance and fall (I was weak and wobbly on my feet, using a cane, and I would have landed back in the hospital if I had fallen). He drenched my socks (which I kept just outside my door to air out) in his stinking piss. He stole and tossed my mail, including my new cell phone that I had been waiting weeks for. (All tenants share one big mailbox.)  He dumped about a half cup of termite dust on my computer keyboard when I foolishly left my room unlocked to go outside for a few minutes.  


I spoke with a deputy prosecutor at length on two occasions. I filed a petition for an injunction, as suggested by the officer. At the hearing before a judge I described the unprovoked attack and many instances of harassment, threats, menacing and criminal property damage. The mad dog did not deny a single one of my allegations and the injunction against harassment was granted, good for three years. 


However this did not stop the harassment, threatening and menacing. I even got several instances of these on video. I reported them to the police, who viewed the videos and agreed he had violated the order. They filed reports, but did not make an arrest. They suggested I report the violations to the prosecutor, which I did in writing. Still no arrest. Twice I wrote to the prosecutor that I feared I would be forced into a fight to the death and begged him to take action before someone got killed. Now I believe this is exactly what they want. 


I received no reply. My crime victim's rights to be kept informed about the case and to be protected have been grossly violated. And when I complained about this in writing the prosecutor did not reply. 


The mad dog is younger and bigger than I and quite vicious. He has bragged of having killed people. I used to think this was macho bullshit, but now I'm not so sure. I have experienced his rage and I was lucky to escape with my life. Now, in the event of another attack, if I were to successfully defend myself and kill him, the mayor and prosecutor would be happy to see me locked up for life. There is no chance I'd get a fair trial. 


Here are some of the crimes the mad dog could be convicted of: assault II; several counts of harassment; several counts of violation of a court order; criminal property damage (the socks and other items); reckless endangerment; disorderly conduct and terroristic threatening. But after six months the prosecutor has done nothing. In Maui's injustice system the victim of an assault has to show why he should not have been assaulted. It's beyond absurd. 


To understand why they want me to be forced into a fight to the death, you must understand the 8-year criminal vendetta the mayor and county have been conducting against me. It is an astonishing story of outrageous crimes by government thugs and lawyers, including brazen obstruction of justice, vengeance, and partnership with influential racketeers -- the Jones Crime Family. I tell this story in other blog posts. See some of the posts below in this blog, especially the one posted on April 19, 2014. Therein see especially Case #4. See also, www.SueMauiTyrants.blogspot.com


For a list of my other blogs, see www.KurtButlerBlogs.blogspot.com.  (Some are not related to this case.)



OPEN LETTER TO MAUI COUNTY PROSECUTOR JOHN KIM 


April 14, 2017 


Thursday afternoon, 4/13/17, Michael Best threatened to kill me. I called 911 and two police officers came to my address and investigated. See Report #17-015433, which they said would be forwarded to your office.


The officers said they could not arrest Best because he claimed he was just joking around with a buddy. But there was no one else in the vicinity. The officers did not ask him to name the buddy or make any attempt to find him and talk to him.


After the police left I tried to go back into the building, but Best stood in the doorway, blocking my way, as he has done before. Then he said to me, "I'm gonna fuck you up."


The court order enjoining harassment is obviously worthless, and your office clearly has no intention of defending my rights, protecting me, or enforcing the law. I am on my own and I will defend myself by all means necessary. I no longer carry the camera with me because no amount of evidence will move you to take action. Instead, I carry a weapon. 



Sincerely, 

Kurt Butler



OPEN LETTER TO MAUI COUNTY PROSECUTOR JOHN TAM

April 19, 2017

To Assistant Prosecutor John Tam:

Re case # 16-046369

I must strongly protest your failure to file charges against Michael Best by now. I suspect your office never intended to properly vet and pursue this case, but only to make a pretense and hope I would be killed or simply tire of the effort and resign myself to moving into homelessness.

How could it take almost six months (so far) to understand this case? Any middle-school “B” student could see the truth in less than an hour. If you are interested in knowing what really happened in the morning of November 6, 2016, come to the crime scene, just a ten-minute walk from your office. Let me walk you through the scene and the crime, and show you the evidence. (Of course, we would need a police officer along to keep Michael Best from interfering and going ballistic.) No one ever asked to see the evidence.

Your attitude seems to be the same as that of the police, who I had to beg, nag and pester for two weeks before they would come two blocks to the hospital to talk to me. This is yet another example in a long series, almost a decade old now, of County of Maui, especially the Office of the Prosecutor, obstructing justice in cases involving me. These cases are documented in my blogs. www.kurtbutlerblogs.blogspot.com


About 20 years ago I sat on a jury involving whether one young man had punched another during a dispute at a cockfight in Hana. The victim was not seriously injured, but we in the jury, like the prosecutor, took the case seriously and did our best to help render justice. Please give my far more serious case similar consideration. 


11/27/16
To Maui County Prosecutor:

Regarding Police Report #16-046369
Please heed my words, as this is literally a matter of life and death. I just spent two weeks in the hospital with cracked ribs and a tube in my chest to drain blood and fluids from my collapsed lung, a painful condition people can die from. My life was saved by great medical care at MMH. As I was being discharged I was told that it is important that I not be re-injured, as the complications could be very serious.

I returned to my residence with a police escort, but I cannot hide in my room forever. Now, as I make my way around the property to use the shared bathroom, etc. I move slowly with poor balance and the aid of a makeshift cane.

Michael Best immediately resumed his harassing, threatening ways. He giggles and cackles at my obvious pain. He growls like a mad dog as I pass the chair near the building entrance where he spends 90% of his waking hours drinking beer. On 11/22 I obtained an ex parte TRO (hearing on Dec 5), but it says nothing to restrain this kind of harassment. It also says nothing to forbid the following type of behavior:

Shortly after Best was served the Order, on 11/25/16 at about 8:35 a.m., I was walking in the Bungalow parking lot toward the property exit. I walked near the parked cars, far from the center of the driveway. Best, on his moped, came speeding onto the property (he always speeds), and as he approached me he sharply swerved to within a foot of me. Startled, I almost lost my balance. If I had fallen it would have been a disaster. I called 911. An officer arrived quickly, talked briefly to both parties, and called his supervisor, who felt no arrest was warranted.

About the Evidence 
The large political poster with the 8-foot pole that Best used in his assault on my door and on me has been recovered. One of the residents apparently realized it was material evidence and managed to hide it in a corner of the foyer behind a cabinet so Best could not dispose of it. It speaks volumes about his rage and violence.

The photos I took just before the assault clearly show that I was standing in my doorway (the doorframe is visible), while Best was in the foyer half-way to my room.

I have heard Best brag that he has killed people. I used to think this was macho BS, but now I’m not so sure. I have experienced his rage and the power it gives him. I was lucky to escape with my life. He has been in scraps and heavy arguments with several other people. In ten years I have gotten along with all tenants and never had a serious argument, much less a physical altercation. Best is something else. I’ve rarely experience his level of hate.
Failing to arrest and prosecute Michael Best is, in essence, granting him a license to assault and possibly murder. And I am # 1 on his list.









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