Wednesday, January 2, 2013

Musings: On the Right Path

In researching and writing an article about climate change in Hawaii — published today in Honolulu Weekly — I was haunted by one comment: “The assumption that the future will be like the past is now gone.”

So it's worrisome to see the county use historic data to justify putting the Path on Wailua Beach — work that was set to begin today. Personally, I can't see putting Wailua Beach at risk for the sake of a glorified sidewalk — especially since the Hawaiian families that are cultural stewards of the land in question have said no, to put the Path there is hewa.

Though a county press release said an Army Corps of Engineers study showed the Path wouldn't significantly alter erosion, the report did note that erosion would undermine sand from beneath the slabs. The Corps also questioned the cost-effectiveness of a plan that would require the county to remove these massive concrete slabs whenever episodic erosion occurs, and then replace them when the beach recovers. That section is already costing $1.9 million.

Surely there's another way. The Council is weighing in with a special meeting on Friday morning, though it's unclear what they can do at this point except hold future Path funding hostage, or apply political pressure to the mayor. In the afternoon, they'll be digging into the screw up with the adjoining section of Path, which apparently was built the wrong height along Papaloa Road. In short, it won't be a pleasant day for building director Doug Haigh or parks director Lenny Rapozo.

Shifting gears, the Intermediate Court of Appeals (ICA) has dismissed a cocaine smuggling case that dates back to Prosecutor Shaylene Iseri-Carvalho's time. Though it was supposedly one of the biggest coke busts on the island, I am interested in the case for one reason: cops lied to get the search warrant, and lied about searching the courier bag before seeking a warrant. You can read all the details in this brief.

In suppressing the evidence, which ultimately led to the case being dismissed without prejudice, Judge Kathleen Watanabe found that contrary to what the cops claimed:

There had been no corroboration of the confidential source.

Simon the [drug detection] dog had not alerted [police] to the subject package.

The defendant’s statements were made during custodial interrogation.

The affidavit in support of the search warrant contained numerous misstatements by police.

It's extremely dangerous when cops decide the ends justify the means, that the rule of law doesn't matter if their moral claims are at stake. I know how much they want to catch those bad guys, but they still gotta follow the straight and narrow path. You know, the Constitution and all that.

When Justin Kollar came in as Prosecutor, he decided not to pursue the appeal, which reportedly was poorly written by a now terminated member of Shay's staff. Maybe, too, Justin didn't want to proceed with a dishonest case, which speaks well for his integrity.

I hear some of the cops are pissed, but heck, they should be glad nobody got charged with perjury, or that the ICA didn't order an investigation.

Besides, the cops, or at least, Roy Asher, did score a victory: Justin is pursuing one of their pet appeals, which also dates to Shay's time. Yes, the ICA will decide whether Judge Watanabe was right to order KPD to return Dayne Aipoalani's Kingdom of Atooi marshal badge. The one they seized like five years ago already when they charged him with two counts of impersonating a police officer.

The wheels of justice, and indigenous independence, turn slowly.  

As I wrote previously:

Who knows, maybe the Hawaii Supreme Court ultimately will be asked to decide whether kanaka maoli do, indeed, have the right to build a nation with all its appurtenances, including law enforcement officers carrying badges.

Update: Justin tells me he is pursuing the appeal because he is concerned about procedural questions involving the return of evidence.


Anonymous said...

The defense lawyers in this case were Michael Green, Michael Soong and June C. Ikemoto. A big win for them.

Anonymous said...

Ineptness at KPD. We are living in a Police State where law enforcement act like they are above the law.

Anonymous said...

Ms conrow, since kollar took office, why dont you report the so called 'facts' of these criminal cases with the same tenacity you used while iseri-carvalho was in office? The deputy prosecutor handling that case wasnt terminated. Im sure your contacts within that office can verify this. And yes, maybe kollar didnt want to pursue a dishonest case. But im sure someone with your great knowledge, and so called award winning reporting skills, can clearly see that maybe kollar didnt want to take on the attorneys defending those two individuals. And im positive your contacts within the office can point out the relationships between the defendants and the mayors office. Integrity you say? I cant wait to see your future blogs when it becomes apparent that the only difference between kollar and iseri/carvalho is their skin color!

Anonymous said...

If only you were as assiduous about the bizarre assumption that climate has drastically changed as you were about that drug trial. Climate is well within norms. Well within. It is a simple fact.
I know running around screaming about a non-problem feels right. But it is just stupid.
Virtually all seashore destruction in Hawaii has been caused by man impacting specific areas. Sea walls. Fertilizer. Dirty streams. Over fishing. Pesticides near streams and shore.
The rest seems to follow cyclical patterns (and add a big fear that constructs may accentuate such).

Anonymous said...

Shay was a joke. But you get what you deserve sometimes.

as for the pretend badge, good grief give it a rest.

Joan Conrow said...

8:16 wrote: The deputy prosecutor handling that case wasnt terminated.

My reference was to the deputy prosecutor who wrote the appeal. And yes, he was indeed terminated.

One Nation One Law 50 said...

"Who knows, maybe the Hawaii Supreme Court ultimately will be asked to decide whether kanaka maoli do, indeed, have the right to build a nation with all its appurtenances, including law enforcement officers carrying badges."

I will never accept the sovereignty or jurisdiction of any race based governing entity in the State of Hawaii and will fight against it with all means available. If I am ever flashed an Atooi badge there will be a problem.

Judge Watanabe made a mistake. Not the first one she has made and likely not the last one either.

Anonymous said...

7:50 AM: Who cares what you accept.

The point about Dayneʻs badge, is it is a piece of tin. Thatʻs why it was returned.
No authority ever came with the badge. No authority was returned.

I look forward to the day ʻone nationʻ has to stay or go. I hope itʻs GO.

One Nation One Law 50 said...

While you may not care what I accept. No government can be legitimate without the consent of the governed.

I'm pretty sure there will be few takers for a race based ethnocentric Kingdom of Atooi or a re-instated Hawaiian Kingdom.

Any attempt to force such an entity on me without the consent of the governed will be met with resistance.

Anonymous said...

If Kollar is a puppet to the powers like Shayme then he will face the same scrutiny and he won't get away with half the crimes Shayme got away with.

Anonymous said...

Technically speaking my understanding is that the attorney who handled "that appeal" wasn't terminated -- he simply wasn't retained by Justin Kollar when Kollar took office. A handful of the deputy prosecutors under Shaylene were retained by Kollar. That deputy prosecutor was not.

Anonymous said...

One of the bozos threw drugs over the fence? He doesn't have any grounds to object to a search of the package. The other bozo never even picked up the package? He doesn't have any grounds to object to its search. Sounds like the state got it right. That judge is an idiot.

Anonymous said...

Wailua Beach "disappeared" in the seventies. Anything buried on that beach washed away with the sand. It would be foolish to build a bike path or anything else on a beach that may or may not be there in the years to come.

Anonymous said...

Read Got Windmills Thur Dec 11, 2008 "All Power to the Poodles". The names on the list aren't even half of the most evil people on Kauai that is referred to as the Powers or GOBAG but at least it will lead to their associates which are Kauai's Home Grown Terrorists.

Anonymous said...

Congrats to Shay for making the national worst boss list (see TGI 1/4/13).....we knew you could do it!

Anonymous said...

Something smells at Wailua....and its not the sewage treatment area.

This whole project is not logical....long term, it might be cheaper to build an underground tunnel under the highway than building a maintenance nightmare on the beach.


Who is pushing this insanity, and how much money are we talking about...which people stand to make a steal with this deal?

Dr Shibai

Anonymous said...

On Kauai it's very easy to see what contractors hit the jackpot deals every time. The braddahs get some crumbs, politicians get some bread, contractors get the turkey and gives the handouts some stuffing. The system is set up like a insurance fraud whee the claimant is a friend or relative of te chop shop that is friends or relative of the insurance company. Who gets screwed by whom is another story. The money is the trail.

Anonymous said...

Money is the root of all
Evil....even on Kauai
Karma is real
Christians do not live the life of Jesus, use it like a bumper sticker on theer resume

Anonymous said...

"Justin tells me he is pursuing the appeal because he is concerned about procedural questions involving the return of evidence."

There are no procedural questions involving the return of evidence. It's done all the time.

Anonymous said...

Dr Shibai.....check with Mayor B he is running this railroad.

Anonymous said...

The state's brief has it right. Why would the state dismiss that appeal? Totally suspicious.

Anonymous said...

Us or them? With that paradigm, we're doomed.

Anonymous said...

At 2:08 p.m., if you are a defense attorney and evidence is returned and you do not consider raising it as an issue, you're a dumbass and you should not be practicing law.

Anonymous said...

Uh, if they don't return your evidence then you sue. Dumbass.

Anonymous said...

Sue? Why not file a motion like the Kingdom did instead. Dumbass.