Wednesday, October 13, 2010

Musings: Another Day, Another Dollar

Nearly two years of litigation ended yesterday when Joe Brescia, who built a house atop ancient burials at Naue, asked for and was awarded just $1 in damages from four defendants accused of civil conspiracy, trespassing, slandering his title and causing him financial harm.

As Andrew Salenger, Brescia’s attorney, told Circuit Court Judge Kathleen Watanabe via speaker phone, the law does allow a nominal award in recognition of the “technical injury” suffered by his client.

“I want to thank Brescia for not taking my money as he already took our land, our kupuna and all the other artifacts that were down in there,” said Andrew Cabebe, one of four defendants who will have to pay a share of the damages.

Kaiulani Edens-Huff asked for a change of venue, saying she is governed, as a Hawaiian national whose nation is occupied, by the Army Field Manual and Geneva Convention, not state court. “All rulings against me, even a dollar, are evidence of crimes against not only me, but the entire Hawaiian nation,” she said.

Brescia originally filed suit against 17 persons following a series of protests against the construction of his house that began in the summer of 2008. He never prevailed on his claims in court. Instead, he won default judgments against Cabebe, Edens-Huff, Hale Mawae and Dayne Gonsalves when they failed to appear for court hearings.

Edens-Huff was originally hit with damages amounting to several hundred thousand dollars, but that award was set aside pending the outcome of a trial against several other defendants.

The trial was averted when Louise Sausen, Jeff Chandler, Nani Rogers, Jim Huff and Palikapu Dedman signed settlement agreements. Salenger yesterday said Brescia also was dismissing charges against Hanalei Colleado, Andrew Perez, Ehu Cardwell, Kelii Collier, Skippy Ioane, Hanaloa Helela and Palani Kaauwai, who were named in the suit, but never served. Hanalei “Hank” Fergerstrom was earlier dropped from the suit.

As part of the default judgment, Cabebe, Edens-Huff, Mawae and Gonsalves, who never played any role in the protests against Brescia’s house, are prohibited from going to the site.

But Cabebe, who said he entered the court as a citizen of the Polynesian Kingdom of Atooi, which is led by Gonsalves, proclaimed both his innocence and his disdain for the default judgment against him.

“I stand here today not guilty,” he said. “I was brought to this property to protect my cousin [Edens-Huff, who was camping on the beach adjacent to Brescia’s lot]. I went there as a spiritual advisor. I went there for prayers. I did not want to go there. Who in their right mind would go to a graveyard to sleep? I had to go because I was called there by my ancestors. I fought them for weeks, but they would not let me alone until I submitted.”

After thanking Brescia for seeking nominal damages — “he’s finally come to his senses” — Cabebe said he answers to a higher power than the order Brescia won in Circuit Court.

“I don’t care what he says, I’m going to that property to do what I need to do for my ancestors,” Cabebe said. “I was called there and I don’t plan on leaving.”

Responded Judge Watanabe: “Let me just say, Mr. Cabebe, if you should consciously make a decision to defy any court order, which would include any kind of stipulation by the parties, you will have to be prepared to deal with the consequences, and I’ll leave it at that.”

Edens-Huff, while saying that Brescia’s decision to seek just $1 in damages was “very generous,” also noted that “my ancestors would never allow the destruction of a leina.”

Opposition to Brescia’s house was particularly vehement because the lot has at least 31 known burials, seven of them directly under the house. Cultural experts believe the site, which sits on a point, was a leina, a place where spirits jumped into the netherworld, and so is extremely sacred and likely to contain even more iwi kupuna than were disturbed for the house construction.

“In my great-grandmother’s time, to disturb a burial was punished by the crushing of a skull,” Edens-Huff said in court.

48 comments:

Anonymous said...

The desecration is appalling. The lack of respect for the iwi disturbing. A monument to one mans excessive ego...a cancer

Anonymous said...

Justice was served.

We're no longer in her great-grandmother's era.

We're in 21st century America.

Live with it.

Anonymous said...

Kaiulani Edens-Huff asked for a change of venue, saying she is governed, as a Hawaiian national whose nation is occupied, by the Army Field Manual and Geneva Convention, not state court. “All rulings against me, even a dollar, are evidence of crimes against not only me, but the entire Hawaiian nation,” she said.

That's one theory. Another is that if she got a judgment against her she could lose her house.

After thanking Brescia for seeking nominal damages — “he’s finally come to his senses”

Actually, it was Louise Sausen, Jeff Chandler, Nani Rogers, Jim Huff and Palikapu Dedman who came to their senses and signed settlement agreements.

Anonymous said...

I hope someone makes a permanent website about the history of this property and the house construction. This so that prospective renters/visitors find out the truth (because you know damn well no realtor or rental agent is going to willingly tell prospective off-island clients the truth). Then let's see how well Mr. B's expensive investment pays off when the house is sitting empty unrented.

Anonymous said...

It is appalling.

The only winner here was Brescia's lawyer - who was able to convince the client to pay hundreds of dollars per hour as he transformed his client into the single most hated man on Kauai. So the lawyers make maybe half a million and Joe B gets a settlement that gives him a dollar, ending with the defendants in court saying they won't respect the settlement anyway. Good job Cades Schutte Law Firm.

I can imagine Joe B after spending hundreds of thousands in lawyer fees asking his lawyers "where are we" only to learn "well we're winning" but it cost you 25k to write the complaint, and 20K to prove that service of process was good, and another 30K for us to get defaults, and another 200K in legal research and on and on. "Yes but are they gone?". "No, but if you just hang in there and keep paying us ten grand a week, we'll have them begging to leave".

I can just see the lawyers "advising" him in such a way that they get paid, more and more -("you can't stop NOW") - all the way to that one dollar settlement against people who don't have any assets.

Anonymous said...

Oh I don't know. It scared the demonstrators away and stopped them from slowing down and gumming up the construction effort. Once their homes and property went into play they had a strong incentive to cease and desist. Brescia didn't want their money or their property. He just wanted to be left alone to finish his house without the circus atmosphere of a bunch guys showing up to chain themselves together.

Anonymous said...

Gotta think Joe B had far cheaper and less divisive options available to him. He was like Bush going to Iraq. A big, evil waste of money. "I have power so I must use it to crush others"
Guarans he could've accomplished a much better result for half he cost by playing nice.

Romper Room said...

Oh please. "playing nice" when Edens Huff is huffing around the place shrieking "it's mine! It's mine! It's all mine and you can't have it!" and her handful of supporters demanding no house be built period and Hawaiian cultural concerns uber alles. THEY didn't play nice.

Anonymous said...

"Louise Sausen, Jeff Chandler, Nani Rogers, Jim Huff and Palikapu Dedman who came to their senses and signed settlement agreements."

Wrong. They did not ʻcome to their sensesʻ as you say.
Their decision had nothing to do with deciding because they had no choice.

They were threatened with injury by Brescia.

Anonymous said...

Ooh Romper Room, you sound like a whiny bitch.
Been hanging around romper rooms too long. (what kind, I gotta ask, the kiddies or the grown ups?)Maybe you are Mrs. Brescia????

Anonymous said...

They trespassed, they got sued, they didn't show up to court, they got judgments against them, they realized they could lose their houses and property and savings and credit ratings. So they settled.

They came to their senses.

Anonymous said...

poor thins

Anonymous said...

Next step are TRO's for those that don't abide by the judgements. Then its off to the kingdom in Halawa.

Anonymous said...

does anyone know where joe actually lives?

Anonymous said...

Did Tim ever answer the question about his planning violation on his property? I don't recall that he did. I am told that he was cited for having an illegal unit on his ag property. Joan, can you check on this and report back to us? I know the Garden Island will never do it.

Also, can you believe that Tim used at least two prominent people on his latest postcard, appearing to have endorsed him, without their consent? Is this desperation or what?

Anonymous said...

Guarans he could've accomplished a much better result for half he cost by playing nice.

What solution would that be.
Nani calling hewa and lieing to the commission, promising that the check for the property was in the mail.
Kaiulani belittling the burial council members.
A solution required all sides to sit and have a discusion. The playground bullies wouldn't allow it.
They would lose their spot center stage.
Instead they were pushed around by a system they can't comprehend. Now they cry and their credibility is the joke of the island.

Anonymous said...

"can't comprehend"...

...or "won't comprehend"?

They exist in a state of denial. Like it or not, they are in America now...get with the program or suffer the consequences.

denial-anger-bargaining-depression-acceptance

Don't be stuck forever in the denial/anger phase. The sooner you move through the grief cycle to "acceptance" the better.

Your world as you want it, or your grandparents remember it, isn't coming back.

Anonymous said...

They trespassed, they got sued, they didn't show up to court, they got judgments against them, they realized they could lose their houses and property and savings and credit ratings. So they settled.
The above is completely incorrect. Kaiulani did't show up and got the default, the others went to court, had attorneys ans reached settlement. It is an ugly way to get what joeb wanted. Happiness there? comeon...the guys as low as low gets and then some. Sorry can't buy respect, the dude is a turd,he'll never be welcome here.

Anonymous said...

when joe lists this house on vrbo, what "hawaiiian style" name is he gonna give it - "Hale Desecration" ???

"come sleep in our luxury appointed graveyard"

"no worries about protestors blocking the way of your rental car - they're barred from the property now"

has irrigation of the shoreline foliage to extend the "property line" started yet????

Anonymous said...

If I were him, I'd negotiate for an episode of "Ghosthunters" and all the other like-kind shows to be shot at his place.

Instant nation-wide attention and he will get a bleedin' mountain of vacation renter applications!

Anonymous said...

The state and county had a chance to craft bulletproof laws. They didn't.

Don't blame the Brescia's of the world who will always look to exploit legal loopholes to achieve their aims.

Blame your own elected officials.

At least they got the "billboard laws" right. I'm happy to not see them all along the roadways of the state.

Anonymous said...

denial-anger-bargaining-depression-acceptance

Don't be stuck forever in the denial/anger phase. The sooner you move through the grief cycle to "acceptance" the better.

==========

I guess the Akaka Bill shows movement, by some, into the "bargaining/depression" phase. If it passes, "acceptance" will be mandated, since it forces the waiving of any other Hawaiian claims in any court forever.

Anonymous said...

"Instant nation-wide attention and he will get a bleedin' mountain of vacation renter applications!"

95+% of people, once finding out the house site is loaded with graves, would never choose to rent this place. OTOH there are a fair number of low IQ commenters around this blog who are probably already lining up with their checkbooks in hand.

Anonymous said...

"I'd negotiate for an episode of "Ghosthunters" and all the other like-kind shows to be shot at his place"


That is such an incredibly crass suggestion, as to be beyond the pale.

Anonymous said...

I think you're way way off with that "95+%".

I wouldn't put it over 70%, maybe.

Advertise it as "an Atheist's getaway".

Do "I survived Dem Bones" t-shirts.

You will be surprised at the takers.

Anonymous said...

"That is such an incredibly crass suggestion, as to be beyond the pale."

But I'd still do it!

Is nothing sacred?

No, nothing is. This is America.

I'd also try to get a 1-season "reality tv show" shot there. Incredible publicity!

Anonymous said...

Who the fuck does that...build on top 30+ graves? Our state an county officials our at fault but so is this greedy speculator who puts his personal wealth before moral ethics and other human beings...the good old American way. How many investment properties is needed for one mother-f*****? His mentality is not wanted here and anyone who takes his side should vacate too! Brescia and the likes of him are like a cancerous tumor that doesn't value the sanctity of life or the sacredness of this 'aina. Go back to Turtle Island that was raped and pillaged before Hawaii. No loss for the true kama'aina.

Anonymous said...

You're stuck on "anger". Got to move along the cycle.

May just as well yell at the sun for setting. Be as mad as you want, but it won't change anything.

Think the Indians said that?
Didn't stop anything.

Think the mountain men and primary settlers said that as the towns and cities sprung up?
Didn't stop anything.

Think the King of Maui and his followers said that when King Kam paddled over?
Didn't stop anything.

See a pattern here?

Anonymous said...

"That is such an incredibly crass suggestion..."

...it just might work!!!

Negotiate for a horror movie filmed there. Hawaii loves the movie industry! The SciFy Channel would do it!

Man..."Ghostchasers", reality tv series, horror movie.

Brescia will recoup his investment costs just with those.

And the renters or buyers will flock there.

Anonymous said...

Do "I survived Dem Bones" t-shirts.

======

How about "30 Graves - No Waiting" shirts?

Or, "My parents went to Hawaii and stayed at the Brescia House, and all brought me was an old bone!"

I like that one better.

Anonymous said...

Pattern I see here is the same racist bullshit that expects native people to lie down and accept the white mans god...money and all the crap it can buy. No need for the history lesson...I know it well and it is one goddamn shameful legacy that euro-Americans pride themselves on. You are so ego-centric that you can't see let alone appreciate another cultures traditional values and practices that happen to be sacred and instrumental to who we are as a people. Some of the ass wipes who troll this blog to spout off a sense of superiority is pathetic.

Anonymous said...

In this case, I think everyone is to blame and no one is to blame, which is why the "grey area" fighting will continue. It will continue until the laws are amended.

I don't think anyone is pleased with how this whole thing played out over the years, from the landowner to the Hawaiians to anyone involved. It's an emotional issue that challenges cultures but also an intellectual one that challenges the courts.

OK everyone, let's look forward now: the next "Brescia" project is out there, just waiting to be permitted by one of the County mucks. I would suggest someone take this to the legislature to pre-empt, instead of react to, the inevitable.

just the way it is said...

You can't stop someone from building on their land because there's bones under there unless the state or the county buys the property.

Anonymous said...

seems there is a middle-school troller and a $$$$-worshipper troll. not impressed with either one.

the house on the graves is not funny. to any decent human being that is extantly obvious.

Anonymous said...

I'd still like to see a website to educate the curious about the detailed history of this house. Joan, your blog with refs to "Naue site" and "Joe B's house" won't be enough. It needs to list the formal street address of the property, as well as the bullshit name they give to it (ie "Hale Whatever") in the searchable subject line. That way prospective renters will know the truth, if they take 0.1 seconds extra to google the address, beyond the ad that will show on vrbo or realtor site (I sure check google before any transaction I do). Some troll said that atheists wouldn't care; yeah right. Just imagine some honeymooners looking for their 'dream cottage'. No way one of the spouses is gonna let a place w/ 30 graves be selected. No need to lie, slander or libel on the info page, just tell the true history. Then let the 'free market' take its natural course. Plenty of other properties to rent or buy.

Anonymous said...

P.S. I'd make a site myself but I'm not web site savvy. Also it needs a true historian to help. The independence movement is noble, and should press on, but is low probability. There are other ways... ... ok, the courts and law are out, due to lack of big bucks and spineless politicians, but ther are other legitimate ways to fight the good fight without resorting to skull cracking. Joan's blog is but a start...

Anonymous said...

Is that fʻg whiner ever going to "get over it"?

Anonymous said...

Forgot to mention the fʻg whinerʻs name: BRESCIA.

Anonymous said...

well the house dude "won" , but at what cost? Land, construction, legal fees, and bottomless ill will. just to be saddled with an albatross of a property. congrats on your "victory".

Anonymous said...

http://www.youtube.com/watch?v=-YBq2Y6W23s

advertisement of the house brescia developed and sold 3 lots away. There are bones under the bedroom here too. Developer/desecrator Brescia put this house up for sale in 2008, at the same time pleading that he MUST be able to build his "home" at naue point.

Anonymous said...

I'd still like to see a website to educate the curious about the detailed history of this house.

Which person has that knowledge?

Kaiulani is writing a history of the people buried there or so she says.
Can't wait for that comic book.

Anonymous said...

thank you for posting the link, very useful. there should be detailed info freely available on the web for prospective buyers to see. shine light on it and let all know the truth. valuation of property will plummet. bankruptcy soon perhaps?

Anonymous said...

Nice to see some folks think of some creative, outside the box ideas of how to deal with this assclown 'developer' !

Anonymous said...

Forgot to mention the fʻg whinerʻs name: BRESCIA.

Really? You sound like the f'g whiner.

Anonymous said...

Brescia is already "over it"...he's over all you!

He wasn't hurt by those legal fees, which would cripple your whole extended families.

He has a beautiful house in a great location with the potential for lots of "fame" followed by "fortune".

You may not like him (I do, a lot, actually) but he has proven to be smarter than y'all at every turn.

My hat's off to him...wish there were dozens more just like him.

Anonymous said...

guess brescia is liked by fellow rapists...the rest of us despise his kine

Anonymous said...

http://www.youtube.com/watch?v=-YBq2Y6W23s

advertisement of the house brescia developed and sold 3 lots away.
========

Man, that's ONE FINE HOME!!!

Wish I could afford it...sigh...

Anonymous said...

October 15, 2010 5:25 AM

Sounds like a series of Brescia self postings.

And by the way, you are a fʻg whiner, brescia. And a morally bankrupt individual. Enjoy! your house of sin.