County seeks drug-planting case funds

by Lester Chang - THE GARDEN ISLAND
Kauai Garden Island News
Nov. 12, 2006

County Attorney Lani Nakazawa is asking the Kaua‘i County Council today for up to $200,000 for specialized legalized services for a court case in which a Kaua‘i Police Department officer allegedly had an informant plant drugs and drug paraphernalia in people’s homes and a vehicle.

If approved, the funding would be used to retain special counsel to represent the county in a lawsuit Dominador Lopez and family members have filed against the county and Sgt. Danilo Abadilla.

In two different cases, county prosecutors dismissed the charges against the residents after government attorneys knew or acknowledged Abadilla directed a police agent to plant crystal methamphetamine and drug paraphernalia in a caar and in two different homes in 2004 and 2005, attorneys for the plaintiffs said in documents.

Abadilla worked vice in Lihu‘e but has been reassigned to the Waimea substation as a patrol officer.

Nakazawa said because the matter is in litigation, she could not comment. Abadilla was not immediately available for comment and did not return calls.

The council is expected to hear the funding request at its meeting at the historic County Building today, and will take up the matter during an executive session because it involves a county employee.

The lawsuit, filed in U.S. District Court in Honolulu in June, names plaintiffs Dominador Lopez, Anastacia Lopez and Lalaine Rabaino, a representative for the estate of Jovencio Lopez and Analyn Manzano.

The plaintiffs claim police searched the home of Rizal Balgos in July 2003, resulting in seizure of ice and paraphernalia.

Balgos then became a police department agent, allege local attorneys Peter Morimoto and Mark Zenger in a lawsuit filed on behalf of the plaintiffs.

The alleged acts of police corruption started in April 2004, when KPD issued a search warrant for a vehicle and home owned by Michael Olivas. Abadilla allegedly ordered Balgos to plant drugs in Olivas’ vehicle, state court documents. Then, Abadilla allegedly signaled police officers to execute a search warrant for Olivas’ vehicle and home, whose location was not disclosed. The search yielded crystal meth and drug paraphernalia, the lawsuit states.

In May 2005, Olivas was charged with second-degree promotion of a dangerous drug and possession and use of drug paraphernalia.

Although a preliminary hearing was set, the case was continued for about seven months at the request of county prosecutors, the lawsuit alleges.

In November 2004, prosecutors asked Olivas to plead guilty to an alternate charge of third-degree promotion of a dangerous drug, but he rejected the offer and demanded a preliminary hearing. Instead of moving forward on the hearing, county prosecutors dismissed the case, the lawsuit alleges.

Olivas’ allegations are similar to allegations from defendants Dominador Lopez, Anastacia Lopez, Jovencio Lopez and Manzano, their attorney said.

In June 2004, Abadilla obtained a search warrant for a vehicle driven and properties owned by Dominador Lopez, the lawsuit states. After Balgos planted ice and drug paraphernalia in a Lopez family home, Abadilla allegedly signaled police officers to execute a search warrant.

The officers went into the home with guns drawn, and took aim at Anastacia Lopez, who was ordered to sit at a kitchen table, documents state.

The officers also pointed their guns at Jovencio Lopez, who was crippled and required a walker at the time, and at Dominador Lopez and Manzano.

KPD seized ice and drug paraphernalia the plaintiffs allege were planted. Lopez and Manzano were booked for possession of drugs and paraphernalia.

In May 2005, the prosecutor’s office attempted to have Dominador Lopez plead guilty to third-degree promotion of a dangerous drug, but Lopez rejected the offer and demanded a trial.

A week before the trial, an unnamed deputy prosecutor told the Lopez family attorneys the drugs had allegedly been planted by Balgos, resulting in the dismissal of drug charges against Dominador Lopez, documents state.

The plaintiffs contend the county knew of other cases where officers had illegally planted drugs to make arrests, but failed to discipline, prosecute or prevent officers from engaging in those activities.

Seven months after the latest raid, Jovencio Lopez passed away, the result of stress from the treatment he received by officers, attorneys claim.

The plaintiffs contend KPD’s search was without probable cause, and violated their Fourth and 14th amendment rights.

General damages and special damages will be determined at the trial. The plaintiffs also will seek punitive damages against Abadilla.