Wednesday, August 1, 2012

Musings: Dirty Dirt

August — already. It's a month that opens and closes on a full moon, giving us a once in a blue moon chance to do something really extraordinary. Or not.

So the state Department of Health has figured out what to do with the arsenic- and dioxin-contaminated soil that was found up at Kilauea two years ago. It plans to ship the dirty dirt — some 500 to 600 cubic yards — over to the landfill at Kekaha.

Does anyone else see the irony in dumping soil made toxic by plantation pesticides over on the westside, where the GMO seed companies with their heavy chem use are currently engaged in the modern day version of soil poisoning? We don't learn, do we? I mean, this shit don't die. It just lingers for decades.

But no worries, because even though five to six truckloads of contaminated dirt per day will be transported across the island, DOH assures us that, “All construction, transport and soil activities will employ dust suppression techniques to minimize dust emissions and limit nuisance dust concerns. Although full dust control is anticipated, small amounts of fugitive dust that may drift away from the site during excavation will not pose a significant health risk.” Oh, and they're gonna train the landfill guys, too.

Work is supposed to start on Aug. 6 and will continue, Monday through Saturday, for three weeks. Sounds like a good time to avoid Kilauea. Unless, of course, you happen to live there. But hey, guys, just look at it as a warm up for the construction noise and dust you'll get when work begins on that new shopping center on Kilauea Lighthouse Road you don't really want or need.

All Kaiulani (Edens) Mahuka wants and needs is a little justice, but she's given up hopes of finding that in the western legal system. I had a chat with her yesterday afternoon, and we talked about her recent sentencing for attempting to keep iwi kupuna from being dug up during construction of bathrooms at Kaumualii Park in Wailua. Mostly, she had a lot of questions.

For example, her attorney, Charley Foster, recently resigned from her case to take a job with the Office of Prosecuting Attorney — writing appeals, and press releases (so I guess we know who was behind that mean-spirited ear-licking attorney release).

He just filed my appeal, and now he does appeals for the prosecutor,” Kaiulani said. “What does that mean? How long was he in negotiations with the OPA for the job? Was it during my trial? My sentencing? When he was working on my appeal?”

Kaiulani also noted that Judge Trudy Senda had told her the state would pay the higher cost of providing her with a criminal defense attorney, as opposed to a regular old public defender, because she wanted a sovereignty defense, “but sovereignty was the first thing they threw out.”

I don't think my attorney had any intention of getting me off,” she said.

I must say, I did wonder when I saw Charley was representing Kaiu, as I can recall some of the antipathy he expressed on his Planet Kauai blog against the folks protesting the iwi desecretion at Naue. But when I did a quick search of his blog, I found surprisingly few references to her. Perhaps they've been purged.

However, I did find this 2008 post that expressed his views on the sovereignty movement:

To wish for a higher level of sovereignty than what the (unlikely to pass) Akaka Bill offers is definitly a predicament. It is politically unrealistic in Hawaii and politically impossible in the other 49 United States..... Ignoring (read outside/above) the law is another losing strategy. 

Like Tiananmen Square protests in China, a certain time came and went for the Hawaiian Soverignty [sic] Movement in the early 90's . There was a renaissance and recovery in Hawaiian music, culture, and language. There was the "Apology Resolution." Momentum rose and fell. Those revolutionary good times are distant history. The movement has disintegrated into marginalized groups of 20 trying to take over the Palace in different and separate ways; into piggybacking causes like Superferry protests; into 30 people present at Naue; into the same 20 people meeting at the end of Hanalei pier year after year; into lip service from non Hawaiians who don't feel personally threatened; into a few belligerent Tutus on Kauai; and into something that is simply annoying.

And amusingly, when I looked at Charley's Facebook page, I noticed that under “activities and interests” he had listed “Justin Kollar for Kauai Prosecutor.” Um, does that mean he won't be holding sign for his boss, Shaylene Iseri-Carvalho?


Wait — he already did. Such a handy trait for an attorney, the ability to switch sides when somebody pays you.
Kaiulani similarly wondered what it meant when Shay asked her to hold sign after prosecuting her on the obstruction of government operations charge. “Does this mean she wants to re-establish her friendship with me? I'm just very puzzled by it.”

And according to Kaiulani, Shay got a restraining order against a woman who engaged in a “heated debate” with the prosecutor during one of the recent public safety meetings held around the island. Apparently the woman yelled at Shay, “You're evil.” Gee, too bad the newspaper didn't cover that one.

Anyway, attorney Mark Zenger has been appointed to represent Kaiulani during her appeal, a prospect she does not find heartening “because he dropped the ball on me when I was arrested at Papaa Bay. The charges were dismissed, but I never heard anything from him.”

I feel like a duck that's going round and round at a carnival and they keep shooting at me,” she said.

54 comments:

Anonymous said...

Dumping poisonous Kilauea dirt into Kekaha is environmental racism & elitism i.e., the richer parts of our society continues to take advantage of the poorer parts of our island!

Anonymous said...

It's just the Judicial games Kauai's dirt bags have been playing for years, quid pro quo and back room deals they are all colleagues and if dont play the judges games the judge wont throw them a bone.

Anonymous said...

Poison. Just what the US is doing to the world. And to what end? Are greed,power and money forever? Aue.

Anonymous said...

Charlie Foster was fired from his position at Hempey & Meyers, and almost immediately showed up a OPA. Go figure.

Anonymous said...

Was charley foster playing benedict arnold on Hempey and Myers for the OPA.

This is some kind of drama playing out here on Kauai and all the action seems to come from the OPA. There's something real sinister going on at the OPA.

Anonymous said...

Isn't it unethical for Shay to ask someone to hold sign for her when they are appealing a conviction from her office?

charley foster said...

Wow, Joan. It's a fascinating experience to become the subject of your condemnations. You're so sweet and personable in person. Something about getting you behind a screen and keyboard brings out the Spanish Inquisition in you.

Where to start? First, I'm not the only one in the office who writes press releases.

Next, I never expressed any antipathy toward anyone protesting iwi desecration at Naue. I covered that case with interest and my posts were neutral statements about the law and the proceeidngs. I was in fact touched by some of the emotional testimony by one expert brought in by those opposing the house.

The 2008 post that you quote was not written by me. There was another writer on that blog for a while. Notice it is signed by him, not me.

Interests and activities on a facebook page reflect items you've liked or follow. You have no idea whether that indicates a "position" one way or another. But I think you know that.

I can assure you there have been no heated debates at any of the public safety town hall meetings and nobody has shouted "you are evil" at anyone.

Anonymous said...

Shay obviously doesn't understand the meaning of living pono and how certain actions of her's fly in the face of really being pono. She needs a change in her campaign slogan. Another example of co-opting the culture for personal gain. Where was she when our alii iwi were being dug up and how is that pono? Hawaiian only when it suits her? Worst than a non-Hawaiian using the culture for personal gain.

Anonymous said...

Mark Zenger ????? kaiulani is being set up to FAIL...MZ is what a competant attorney should NOT be...fucked up my case and his wife is a loon

Joan Conrow said...

Don't try for the sympathy, ploy, Charley, because you've taken plenty of cracks at me over the years in the blogosphere.

You can pretend you showed no antipathy toward the Naue protestors, and that your blogs were "neutral," but others of us recall differently. Your views may have changed when you covered the court proceedings, but those hearings came well after Kaiu was camping out at Naue.

So are you saying you didn't write the ear lick release?

PS: Hope you aren't using an OPA computer to comment.

Anonymous said...

And if Shay filed for a restraining order, I hope she took vacation time to do this.

Anonymous said...

Oh ho ho, Joan Conrow partaking in slander now? Careful Joan, 1st amendment protection of commentary on public figures only goes so far. In reading your blogs, i've seen multiple instances where I felt that the target of your ire had legitimate tort claims against you, and if any of those targets (you know who you are) approach me to take the case, I'll do it pro se.

Anonymous said...

Joan Conrow attacking anyone and everyone in the prosecutor's office now. Amazingly, i'm not at all surprised.

Anonymous said...

Who cares who wrote da press release? Was there lies in it? I thought it was a good read. If that was you Mr. Foster, good job brah!

Anonymous said...

Even a pro se attorney should know difference between libel and slander.

Anonymous said...

Or difference between pro se and pro bono! lol

Anonymous said...

"In reading your blogs, i've seen multiple instances where I felt that the target of your ire had legitimate tort claims against you, and if any of those targets (you know who you are) approach me to take the case, I'll do it pro se."

Good thing you posted anonymously. Otherwise, you'd have to sue Joan for negligently posting a ridiculous comment that exposes your incompetency (assuming that you are an attorney).

Anonymous said...

"Where to start? First, I'm not the only one in the office who writes press releases."

The prosecutor's office needs more than one person to write press releases? Wonderful.

Anonymous said...

Shay uses white men to do her dirty work lol Mel, Jake, Charley and the rest who are willing to be her prostitutes. They call her daddy! LoL

Anonymous said...

I can assure you there have been no heated debates at any of the public safety town hall meetings and nobody has shouted "you are evil" at anyone.


It happened outside at her fundraiser.

Anonymous said...

Shaylene is always calm and rational. Charley is right and you commenters are just plain mean and have no factual basis to assume that Shay would be anything but gracious and full of love and compassion for her fellow man, regardless of race, creed or color.

Anonymous said...

Shaylene is always calm and rational. Charley is right and you commenters are just plain mean and have no factual basis to assume that Shay would be anything but gracious and full of love and compassion for her fellow man, regardless of race, creed or color.

Anonymous said...

Kaiulani should file something against Foster. And against the court here for some serious conflicts and disbarring actions.

He seems like a quack. Always shooting his mouth off about things he has never scratched the surface. And he was doing it (in many instances giving legal advice) before he was licensed to practice law).

Him and WP would be a good match. They could incompetence themselves into a great disappearing act.

Anonymous said...

TO: August 1, 2012 2:04 PM
(is that you behind the foster grants, charley)

That sounds like you are threatening Joan. Threatening to sue and or punish someone maliciously is also a crime.

Believe me it would not be hard to dig up the source of that comment, ʻanonymousʻ who sounds like someone as stupid as ...... Hmmmmm.

Anonymous said...

Wow! All the old sugar cultivation acreage should be checked. Wonder what's in the dirt all over the islands?

Anonymous said...

I think we have TOO many attorneys in government, who write laws they do not follow.

But we do not seem to have TOO many people telling the Truth.

Word games!
Manipulate the ignorant,
say some words
Judges rule.........even if they are alcoholics.

Dr Shibai

Anonymous said...

Only one lawyer on the council. We can trust the rest of them.

Anonymous said...

I second that motion!!!

Wait wait wait, Bam! Bam! Bam! I'll be the Judge of that.

Anonymous said...

Yeah ask the planning commission to trust Iamai and Mauna Kea again.

Anonymous said...

Or Dahilig because he knows what he's talking about. Another great choice for Planning Director, maybe if it's not too late we can ask Kusaka to be the new planning director. Now that would be a great choice, for who?

Anonymous said...

"Anonymous said...

I think we have TOO many attorneys in government, who write laws they do not follow."

Well...... we have too many incompetent attorneys in government.

Anonymous said...

So Charley had no idea where this guy was coming from when he let him take over his blog? He just said, "I've got a good feeling about you. Go do your thing. It's just my reputation."

Anonymous said...

"Or Dahilig because he knows what he's talking about"

He sure does - talking in circles is his strongest suit.

Kauai might as well be represented by an umpa-lumpa.

Anonymous said...

All this crap is petty. The environment is rapidly changing and we are about to get cracks.

Anonymous said...

Thanks for putting things in perspective last Anon

Anonymous said...

Someone went to a fundraiser and called the candidate evil? I hope they paid for their ticket.

Anonymous said...

Midwest drought shows little sign of abating

By Ernest Scheyder

(Reuters) - Broiling heat blanketed much of the U.S. Midwest on Tuesday, exacerbating the region's worst drought in more than 50 years and devastating corn, soy and other vital crops.

From Chicago to St. Louis to Omaha, Nebraska, temperatures eclipsed 100 degrees Fahrenheit and the National Weather Service (NWS) issued heat advisories across Midwest and mid-Atlantic states.


About 55 percent of the contiguous United States is in a drought, just as corn plants should be pollinating, a period when adequate moisture is crucial. The United States ships more than half of all world exports of corn, which is made into dozens of products, from starch and ethanol to livestock feed.

"We're moving from a crisis to a horror story," said Purdue University agronomist Tony Vyn. "I see an increasing number of fields that will produce zero grain."

The soonest rain is expected in the Midwest is the middle of next week, said Jason Nicholls, meteorologist for AccuWeather.

Anonymous said...

Does anyone remember when Kilauea had the banana virus? They truck all of the infected trees to Kekaha and we got the virus island wide.
Now they are going to truck the dirt to Kekaha. This dirt can be a problem when it is airborn.

Anonymous said...

Guess they figure since the largest acreage of toxic soil is PMRFʻs why not put it all in the same place.

I read the reports on the contamination sites of Kauai and PMRF is humongous; the largest. Specifically Majors Bay.

How sad it was STOLEN with the an asinine ruse that only the military could come up with...possible bomb-carrying surfers.

We want that beach back. And will get it. An executive order by a lame dummy like Larry (oops Linda) Lingle, holds no weight.

Anonymous said...

Yes another incompetent making a decision, just like lenny rapozo needing a 120k consultant to fix the kilauea gym. Why are you a director if you dont even know how to do your job, oh yeah i forgot you were the mayors campaign manager. What a frickin waste of taxpayers dollars.

Anonymous said...

I understand mayors and other elected officials need to appoint people to be department heads or support staff. As a taxpayer, I'd like the current mayor and other elected officials to appoint qualified people--not just their friends, or as a payoff in return for political favors.

Anonymous said...

No one has mentioned that we have a couple of excellent public defenders, who believe in defending their clients as best they can. I would rather have one of them defending me!

Anonymous said...

Charley is Shay's spin doctor? Why waste an attorney on writing stories for the paper when her office is swamped with cases?

Anonymous said...

Because Charley's better at spinning than practicing law. Why do you think he was fired from Hempey & Meyers?

Anonymous said...

"Why do you think he was fired from Hempey & Meyers?"

False premise?

Anonymous said...

Maybe he left to join the OPA. Who would pass up the opportunity to learn ethics from Shay and Jake?

Anonymous said...

Maybe you're not so up on current events. It looks like Joan's narrative about Shay and Jake has come unravelled.

Anonymous said...

Shay's trying to cover up her lies with more lies.

Anonymous said...

I just can't wait to see these fools on Hoike crying and telling their kind that they must stay together. No Shayme-Karma is the greatest equalizer!

Anonymous said...

We're past the point of listening to meaningless insults. If you haven't noticed, there are finally facts on the table the the grown ups are discussing. If you can't address yourself to an actual fact of consequence maybe you should go outside and play.

Anonymous said...

Fact of consequence: There is no written agreement between the prosecutor and Strategic Justice.

Fact of consequence: Special counsel said that the procurement code applies if public funds were expended.

Fact of consequence: Shay had a Pohaku booth and Pohaku paraphernalia at the farm fair.

Fact of consequence: Special Counsel made no mention of the booth and paraphernalia.

Fact of consequence: There has been no disclosure of the source of the funds for the booth and paraphernalia.

Fact of consequence: There has been no accounting of the money paid to Strategic Justice.

Questions: Why did the prosecutor fail to memorialize her agreement with Strategic Justice in writing? Was it bad lawyering on Shay's part or did she want the arrangement to be vague and unclear? Did the Special Counsel know about the booth and paraphernalia? Has there been an accounting of the money paid to Strategic Justice? Did Shay disclose all of the facts to the Special Counsel?

Anonymous said...

And now that Shay has been "cleared", she can answer these questions. Let's see the receipts for the Pohaku booth and paraphernalia. Maybe the Special Counsel will revise his opinion.

Anonymous said...

"receipts for the Pohaku booth and paraphernalia"

This is what the grand conspiracy with the notice of the FBI and the AG has been reduced to.

Funny, after Joan went after a few innocent people too many, she completely lost the handle on her narrative. Nobody believes her extreme pronouncements on this issue any more. Leveler heads have moved into the comment section. It is no longer a cesspool of hate.

Anonymous said...

The notice to the FBI and AG were Shay's idea. And you're right. Shay was being extreme.