Friday, July 29, 2011

Musings: Stinking Badges Redux

Venturing out in the darkness, into a night that was cool and filled with stars, I encountered brilliant Jupiter, giving off a glow as bright as the moon. When I finally did see the moon, hours later in an orange-gray dotted sky shifting from pale pink to lavender, it was the thinnest sliver of silver-white, perched atop the Norfolk pines. And then the clouds rolled in and took all the brightness and beauty.

As I reported in the Honolulu Weekly and this blog, the cops took badges belonging to two members of the Kingdom of Atooi, and Judge Kathleen Watanabe ordered the cops to give the badges back.

But that, of course, was not the end of the story — a story that is starting to sound like a personal vendetta, an abuse of power, even rampant paranoia.

To bring you up to date on the latest, the county prosecutor’s office this week got a temporary stay on having the badges returned pending a ruling on its motion for reconsideration of that order. Apparently the cops and prosecutors just can’t stomach the thought of giving Dayne Gonsalves and Robert Pa back their badges — badges that clearly state they are Kingdom marshals, not cops.

This action, in turn, caused Dayne's oft-delayed trial, previously set for Aug. 29, to be continued yet again.

Assistant Chief Roy Asher, who has been carrying this torch, was present during the most recent court proceedings. How often, do you suppose, does an assistant chief take time from his presumably busy day to attend a hearing related to misdemeanor charges? Why is it that Asher, shown here in a standoff with Dayne at the Superferry protests, has such an intense personal interest in this case?
Photo by Jonathan Jay for islandbreath.org

The answer might be found in a Kauai Police Department document I discovered while researching the Weekly article. It tells of how shortly after Darryl Perry was named Chief, Asher proposed designing a new badge to to reflect a “new beginning” for the department. It goes on to state:

With the use of forfeiture funds, the process from beginning to end took almost 2 years to complete; but it was well worth the effort.

The shield design is a symbol of authority and depicts the official emblem of the United States. The eagle is representative of strength, courage, and freedom, while watching vigilantly; giving protection to the people and their rights as guaranteed under the Constitution and the Bill of Rights of the United States of America, and State of Hawaii

This badge is one of a kind, and in some circles believed to be the most beautiful ever created.

But more importantly, it acts as a means to deter police impersonators who display generic badges closely resembling those of other law enforcement agencies. Our badge is so unique that the public can easily distinguish it from a fraud.


So Asher, apparently, has a fixation with badges, which may not be that unusual for a cop, though one has to wonder at the expenditure of two years’ effort and an undisclosed amount of money (even if it is snagged from druggies) on such an endeavor.

But what I found so ironic is that the badge Asher pushed for is supposed to reflect the “aloha spirit” and KPD’s mission statement, which states in part:

We acknowledge and accept our individual differences and unique cultural diversity, and promise to treat each other and everyone we serve with dignity and respect.

How, exactly, does that mesh with confiscating badges that kanaka are allowed to possess as part of the nation-building efforts afforded them under the United Nations Declaration on the Rights of Indigenous Peoples, which Obama signed, though Dubya would not? And what kind of aloha is that?

The prosecutor’s office, meanwhile, continues to show its aloha for the Kingdom of Atooi by securing a Grand Jury indictment against Dayne, its leader, on two counts of theft in the second degree and one count of attempted theft in the second degree. His alleged crime? “Stealing and attempting to steal rocks from the Hawaiian Home Lands.”

While it’s questionable whether a kanaka actually can be guilty of stealing something that rightfully belongs to him or her, what caught my eye was the date of the alleged offenses: October 6, 7, and 8, 2008.

Why, do you suppose, did the prosecutor’s office wait three years to seek an indictment against Dayne on these charges?

Do you think it might be for the same reason that of all the people involved in the Superferry protests of 2007, and all the people arrested, only Dayne and Rob are still facing charges? Do you think it might have anything to do with the fact that they didn’t capitulate to the prosecutor's office, and instead are fighting the charges, and to have their badges returned?

Do you think it might have anything to do with a strategy of relentlessly going after anyone who has the temerity to challenge the existing order by establishing a nation with its own law enforcement?

In other words, do you think it might have anything to do with personal vendettas — vendettas carried out at great expense to the taxpayers, vendettas imposing a burden on the already overburdened courts, vendettas that have no place in a system where justice is supposed to be blind?

27 comments:

Anonymous said...

OMG you are really one of those conspriacy nut jobs. Linking together pieces of trash to make up a ludicris yet imaginative fairy tale.

Anonymous said...

Aue noho'i e. Sista Joan is on da money: vendetta as plain as dat eagle on da badge. Guess brada Dayne got cited for "driving while being hawaiian." Freedom? Rights? In whose country? Aue indeed.

Anonymous said...

Until a single, unified "hawaiian govn't entity" is adopted by hawaiians and accepted by the state, there is no lawfully existing hawaiian govn't that is officially recognized.

Without that, there are no "hawaiian laws" nor "kingdom marshals". Their badges mean nothing at this time since they carry no universally recognized authority.

Get your act together first, native hawaiians, and then present a singular face to the fed/state to begin the dance of who gets what and when.

Even then, you'll get only what the fed/state will allow you to have.

Anonymous said...

Yawn. Why pander to an extremist group? I usually like your articles Joan but this topic is a yawner.

You should really continue to expose the dirty little secret of illegal TVR's that pay no taxes, take away farm land, and take away jobs from our 60% occupied hotels. Now, that's outrageous. See how many illegal TVR's are advertised on VRBO.com alone.

Anonymous said...

Why pander to an extremist group?

This isn't about Dayne or Atooi, it's about a principle, and the questionable practices of KPD and OPA, which, btw, could be enforcing against the ag TVRs, but isn't.

Anonymous said...

I've talked to Roy Asher on this and a number of other topics.... by the way, have you tried to sit down and talk to him (or Chief Perry) about this?

Chief Asher is concerned because he doesn't want Kingdom Marshalls pulling people over, threatening tourists, etc. The badge might say "Marshall," but if two big Hawaiian guys flash badges and tell you to do something, you're going to do it.

Did you know that a man, representing himself as an agent for the Hawaiian government, physically threatened the surf vendor at Nawiliwili? Do you know why? Because he wanted to teach people how to surf there.

Anonymous said...

"questionable practices of KPD"

They aren't questionable, based on the sound logic of poster July 29, 2011 9:57 AM

Anonymous said...

"You should really continue to expose the dirty little secret of illegal TVR's that pay no taxes, take away farm land, and take away jobs from our 60% occupied hotels. Now, that's outrageous. See how many illegal TVR's are advert"ised on VRBO.com alone.

or were you accused of slander and had to stop writing about it?

Joan Conrow said...

You should really continue to expose the dirty little secret of illegal TVR's

Don't worry. Plenty more to come on that topic.

Anonymous said...

If you don't believe in some conspiracies....you are not paying attention. The World is not full of isolated incendences...things happen for a reason.

Anonymous said...

KPD should not be able to confiscate the badge because someone might misuse it. WTF are awe a free country or not? They get to keep his badge, even though they say he can organize a nation - he really can't. An elks club can have a badge but not this guy. Does not sound like rule of law, but rule of whatever the cops want. Good for judge. The issue is important because it is symbolic of the fight for sovereignty and this illustrates that there is no will in law enforcement community for hawaiian sovereignty in any meaningful way.

Anonymous said...

" Their badges mean nothing at this time since they carry no universally recognized authority."


If that is true then why don't the cops give it back?

Anonymous said...

Why is it America has democrats and republicans, and tea partiers, and libertarians and green party candidates, but people always have this tired old BS "Until a single, unified "hawaiian govn't entity" is adopted by hawaiians ...". Choices are great, name me one county that is not a dictatorship that only has "one" to choose from. That argument is tired ,

Anonymous said...

Slander is not the right word for exposing the truth. To me, sI read Joan because she reports on issues,and speaks the truth plainly.A truth to power kinda thing.
For the tvr thing, after reading Joan, I watched it, she reported what was said.She wrote about the outrageous practices going on .Good thing she did, I never watch that stuff.
Today i really thank you for writing about this.

Anonymous said...

" Their badges mean nothing at this time since they carry no universally recognized authority."


If that is true then why don't the cops give it back?

==========

Because the hawaiians would, in all probability, continue to use it to enforce their will on others...a clear violation of the law. Impersonating a police officer by attempting to coerce someone else with some assumed police power.

The Elks Club may have a badge...I don't know...but they don't use it to enforce "the law" whereas hawaiians do.

Therefore, they shouldn't get it back. Further the court should issue an injunction barring them from making new ones for the purpose of using them to enforce their concept of "the law".

Anonymous said...

"Why is it America has democrats and republicans, and tea partiers..."

Because those are recognized political parties, not attempted "sovereign nations".

Now, if hawaiians want to organize various political parties for the purpose of running candidates for elected office in county, state or fed positions...go ahead.

Anonymous said...

Good thing Capt. Cook's man didn't label the map "Ashitty".

Anonymous said...

"If that is true then why don't the cops give it back?"
They were used in a crime!!

Anonymous said...

Cops killed Jesus.
They are an armed tool of the government and nothing more. Why would anyone allow cops to decide who can have a badge and who can't.

Anonymous said...

I demand my right to carry the badge issued by the Kingdom of Kablooey! Then I can collect taxes. We take American money, but we prefer gold.

Anonymous said...

What laws are being enforced by the King? Are they written or are they whatever the King feels like imposing at the moment?

Anonymous said...

Silly little boys playing cops with badges.

Both sides are a joke.

Anonymous said...

"Civil asset forfeiture has allowed police to view all of America as some giant national K-Mart, where prices are not just lower, but non-existent — a sort of law enforcement 'pick-and-don't-pay."

http://fear.org/

Anonymous said...

Is it true that they used a whole, armed SWAT team to arrest him on a $50 missed court date?
That would support the vendetta theory.

Anonymous said...

Yes, it's true.

Anonymous said...

Avoiding resistance by show of overwhelming force.

Sounds good to me.

Anonymous said...

Kpds Corrupt cops, prosecutors office, and the Shadow county government abuses their power when they feel fit to so. These are the same people that terrorized, tortured and violated many constitutional civil rights against kraestafer pinkerton and his family. Did they get away with it? They think that they did but donnt know they are still being investigated. The KPD Blue book gives you a small sample of how bad our county government is and the garden island paper is a disgraced newspaper. God Bless!