Musings: Judge Not

I don't know attorney Lawrence McCreery, and I don't know if actually did lick his client's ear. But I do know that it was highly improper for per diem District Court Judge Frank Rothschild to say, when finding McCreery guilty of harassment, “Quite frankly, these are the actions of a dirty old man.”

Especially since McCreery is planning an appeal. Especially since the county Office of the Prosecuting Attorney issued a press release that included the quote, which was re-printed verbatim in The Garden Island. And especially because this is a small island, where remarks like that tend to reverberate.

It wouldn't be the first time Frank has behaved inappropriately on the bench. I detailed his wrong-doings in an article I wrote for Honolulu Weekly about Hanalei Poi evicting Hawaiians from their taro farm on behalf of landowner Gaylord Wilcox. Frank actually apologized to Gaylord for having to come over from Honolulu to testify in court, and upon announcing his verdict, lectured the Hawaiians about wasting the time of these good businessmen.

After the article came out, Frank got a call from then-Chief Justice Ronald Moon, wondering what the hell was going on over here. This prompted Frank to make one of those “how dare you” phone calls to me. In the course of our heated conversation, Frank admitted he'd never actually read the court file before hearing the case, and so knew nothing about how the good businessmen had been wasting the Hawaiians' time for the past year.

What kind of judge hears a case and renders a decision without reading the fricking file? 

As for the OPA issuing that press release, one has to wonder whether McCreery is on Prosecutor Shaylene Iseri-Carvalho's growing list of hated attorneys, or if it was another self-promoting plug for her “no crime against a woman shall go untried” campaign. Which would be laudable if she herself weren't victimizing women, as evidenced by at least two successful EEOC claims that former female employees filed against her.

Meanwhile, I suppose it was inevitable, given the gargantuan houses that have been built up there, but the boats that anchor in Hanalei Bay each summer — adding their sewage to the already high bacterial count — are getting similarly super-sized.

The 160-foot charter superyacht Karima, which can accommodate 12 passengers and 14 crew, has been moored in Hanalei Bay for nearly two weeks, according to Makaala Kaaumoana of the Hanalei Watershed Hui. In a July 13 email sent to state and county officials, Makaala notes:

It is not in the mooring area. It has a helicopter on board that is flying all over Hanalei. It has a large launch it uses to come ashore outside of the ingress/egress areas. This is very disrespectful behavior and a potentially dangerous precedent, floating hotel? Several years ago, DOBOR told a small cruise ship they could not come into Hanalei. We do not see the distinction. Please support our community guidances and rules.

Yesterday, the yachters reportedly passed out fish to people at the beach park after catching more than they could handle. You know, trickle down, subsistence style.