Hawaii News now has learned that the Kauai official who was indicted for theft... may have been wrongfully indicted by the outgoing prosecutor.
And now her attorney says the move raises questions of misconduct.
Sources tell Hawaii News Now the grand jury that charged Kauai County Human Resources manager Janine Rapozo with theft was one vote short of the amount needed for an indictment.
They needed 11 votes but sources say they only had 10.
Her attorney Craig De Costa is alleging misconduct by a deputy in Prosecutor Shaylene Iseri-Carvalho's office who led the grand jury. He's asking a Kauai judge to dismiss the case.
"We don't know what the votes are officially because they are secret ... but I have a good faith basis to believe that it was less than three-fourths" of its members, he said.
Oahu attorney Brook Hart isn't involved in the case but says actions by the prosecutor's office raise concerns.
"The entire case raises real questions about the motivation of the prosecutor who was not re-elected but most importantly about the sufficiency of the grand jury proceeding," Hart said.
The indictment stems from an investigation into Mayor Bernard Carvalho's use of a county issued gasoline card.
Iseri-Carvalho tried to get an indictment against the mayor but couldn't convince the grand jury.
The prosecutor is only on the job for one more week and her critics claim this is a vendetta against her enemies.
Iseri-Carvalho did not return our calls.
Rapozo is due in court Tuesday to find out if a judge will the dismiss the charges.
Copyright 2012 Hawaii News Now. All rights reserved.