UH, Defense POW/MIA Accounting Agency sign partnership agreement
Honolulu Least Pet-Friendly City in USA
Is CO2 a Pollutant?
Another Glorious Triumph for the State Judiciary! Three Alleged Gang Leaders Found Not Guilty in Jail Beating Death
CB: … A Honolulu jury took just a few hours Tuesday to find three alleged prison gang leaders not guilty of manslaughter in the beating death of an inmate at the Oʻahu Community Correctional Center in 2023.
Aaron “Rona” Tuitelapaga, his brother Bronson Tuitelelepaga, and Manu Sorensen were all acquitted after a two-week trial that provided a dramatic and detailed view of the power wielded by prison gangs in some portions of the Hawaiʻi correctional system….
(Keep Case in State Judiciary = “Defend Hawaii”)
Deputy Attorney General Adrian Dhakhwa, who prosecuted the case, told the jury two prison gangs effectively ran Module 13 at OCCC, the state’s largest jail. Those gangs are called West Side and Murder Inc., but Judge Paul Wong prohibited lawyers in the case from using the name “Murder Inc.” during the trial out of concern it might prejudice the jury.
Inmates testified the gangs dominated that jail module, and said gang leaders did not allow other prisoners to speak directly to corrections officers. The gangs controlled cell assignments, and even reviewed all outgoing mail before it was sent, the jury was told.
A former chief of security at OCCC told Civil Beat that jail staffers were aware of the influence wielded by the three alleged gang leaders, but were unable to convince top corrections officials to move the three to the more secure Hālawa Correctional Facility.
As more than a half-dozen inmates or former inmates testified, their fear of the gangs became a major problem for the prosecution. Some repeatedly refused to answer questions or tried to invoke their Fifth Amendment rights against self-incrimination during the trial, efforts Wong rejected because the witnesses had been granted immunity from prosecution in Vaefaga’s death.
Some witnesses contradicted statements they had made to state investigators after Vaefaga was killed, while others said they did not remember details of the case or statements they had made earlier.
One witness testified his son was beaten in Waiʻanae after the witness made a statement to authorities, and at least two others were moved to protective custody at the jail.
Despite the acquittals on Tuesday, only Bronson Tuitelelepaga is likely to be released in the near future.
Aaron Tuitelapaga was sentenced to life in prison without the possibility of parole last year for second-degree murder, and received a second life term for the use of a firearm in the commission of a felony, with the terms to be served consecutively.
That sentence came in connection with the fatal shooting of Sausau Togiai III on Aug. 12, 2020, during a robbery of an illegal game room in Pālama.
Bronson Tuitelelepaga was acquitted in the same case, and Wong said Tuesday that he would be released from custody “assuming there are no other holds.”
(Keep Case in State Judiciary = “Defend Hawaii”)
Sorensen was convicted of manslaughter, use of a firearm in a separate felony and a firearms offense in connection with a botched robbery of another illegal game room in the Ala Moana area in 2018. He and another man were trying to rob the operation when prosecutors said Sorensen fired a single shot, killing Jacob Feliciano, 31.
Consecutive 20-year sentences were imposed in that case, but the state Intermediate Court of Appeals in April vacated Sorensen’s manslaughter and other convictions as well as his sentence. That case has been referred back to the trial court for further proceedings….
(Keep Case in State Judiciary = “Defend Hawaii”)
read … Three Alleged Gang Leaders Found Not Guilty in Jail Beating Death - Honolulu Civil Beat
Green Energy? Oahu Ratepayers Paying $1,500,000,000.00 More to Burn Dirtier Fuels
SA: … the governor and the SEO’s initiative regarding a “fuel switch” transition (from burning oil to liquefied natural gas, or LNG) “to balance new energy projects with affordability, reliability, land use, and resilience.” Burning thick, black fuel oil, which emits 42% more CO2 than LNG, has resulted in Oahu having the highest greenhouse gas emissions intensity in the country. And a recent SEO study shows the differential (oil vs. LNG) has cost Oahu ratepayers $1.5 billion over the last five years alone. Double ouch! Expecting a different result from continuing current policy for 20 more years makes no sense whatsoever for both environmental and pocketbook reasons….
In our view, HECO’s Preferred Plan would necessitate imprudent land use and unacceptable new power sources (22% from floating windmills, 10% from doubly costly biofuel, and 5% from additional new onshore windmills). We suggest that readers review our Briefing Paper No. 4 at practicalpolicy.org, and our argument that LNG is a practical alternative to fuel the more than 50% of Oahu’s power that may be needed in 2045….
read … Column: State gets wise on renewable energy | Honolulu Star-Advertiser
What will Kawakami do now?
TGI: … The Friends of Derek Kawakami official Campaign Spending Commission “Organizational Report,” signed by the candidate and his treasurer clearly states: Office Sought: Senate District 8.
On Sept. 10, 2024, the Kawakami campaign filed a “Notice of Fundraiser” for an event at the Honolulu Pacific Club declaring the “Office sought” as State Senate District 8 (Kauai).
At that event and in the days preceding and following, the Friends of Derek Kawakami campaign raised approximately $250,000 from people, businesses and organizations who made generous contributions in support of his newly launched effort to run for the Kauai State Senate.
The top contributor was Oahu based AHE Group LLC which gave $10,000. An additional $4,000 was also donated to the campaign by Joelle Chiu identified on the campaign spending report as “Real Estate Developer” — AHE Group.
The top expense listed in his campaign finance report for his Kauai Senate campaign was approximately $3,133 for hotel, air travel, car rental and food expense for a “talk story event” held on Maui.
The campaign spending reports are fascinating.
On Sept. 19, 2024, Kauai Now reported, “The campaign office for Kauai Mayor Derek S.K. Kawakami has confirmed the mayor intends to run for Hawaii Senate District 8 in 2026, with the support of the current seat holder, Senate President Ron Kouchi.”
But then on June 6 Civil Beat reported, “The Senate campaign declaration Kawakami made last September in order to raise funds for his political future, to comply with state campaign finance law, appears to be a placeholder. He said he would not oppose Kouchi, who has helped him fundraise for the Senate but has not indicated any plans to retire.”
What? A placeholder? Can a candidate declare they are running for a specific political office, and raise money ostensibly to support a campaign for that office — when they don’t really intend to run for election to that office at all, and are only using it as a “placeholder”?
To sort through the confusion I went straight to the campaign law.
Caveat: I am not a lawyer (but did serve in a lawmaking role for 16 years).
HRS §11-384 says a “candidate who receives contributions for an election but fails to file nomination papers for that election shall return residual funds to the contributors …” AND a “candidate who withdraws or ceases to be a candidate for the election … shall return residual funds … .”
To be absolutely clear I am not implying any wrongdoing by the Kawakami campaign — merely pointing out their conundrum.
Since he’s already stated publicly he would never run against Sen. Kouchi for the Senate seat, Mayor Kawakami must now find another political office to “seek” and amend his official campaign organizational report.
His choices are Kauai County Council, state representative, lieutenant governor, governor or the U.S. House of Representatives CD2….
read … HOOSER: A convoluted, complicated, and confusing political dance and conundrum - The Garden Island
Song and Dance: Hawaii County Council Grifts 8a Money from DoD
HTH: … The meeting was marked by passionate (performative) public testimony, with many residents, young and old, (aging usual suspects) voicing strong support for the resolution.
(TRANSLATION: I’ve seen these same people again and again. They just keep getting older.)
The issue of military activities at PTA is polarizing, but all the testifiers Tuesday were in unanimous favor of the resolution. Public testimony lasted more than two hours, and many of those who spoke expressed the urgency of stopping live-fire activities, cleaning up unexploded ordnance, and addressing the contamination left by decades of military exercises.
(TRANSLATION: Fat, juicy contracts for 8a corporations.)
“The last couple of hours had me in tears,” Villegas said. “Had me deeply humbled, wildly grateful, inspired, and radically hopeful, now is the time.”
(TRANSLATION: I love performative politics. It is so much more fun than reality.)
Several testifiers emphasized the importance of halting wildfires caused or worsened by military activities, not only for the health of current residents but also for future generations. One individual, who shared their personal experience, described the lasting health effects they said they still feel from past exposure to PTA’s conditions. Many others, including students as young as middle school age, stressed the significance of returning the land to the Hawaiian people and conducting a thorough ka pa‘akai analysis to protect Native Hawaiian cultural practices….
(TRANSLATION: Fat, juicy contracts for 8a corporations.)
BIN: Hawai‘i County Council committee moves forward resolution urging end of bombing at Pōhakuloa Training Area
read ... Council moves forward with resolution urging end to military activities at PTA
Insanity: Homeless get Really Expensive Medivac Flights, but are not forcibly incarcerated in drug treatment facilities
CB: … Kuuipo Surls-Kane, 33, had been homeless for eight years when a teenage boy attacked her….
… It was shortly after midnight on Aug. 2 near the Moʻoheau Park bandstand, a haven for homeless people seeking shelter in downtown Hilo. A security guard who witnessed the mugging called 911. Police arrested a 16-year-old suspect, who they said had illicit drugs on him, and charged him with second-degree assault and a drug offense. He was then flown to a youth correctional facility on Oʻahu. Surls-Kane, knocked down by repeated blows, was transported by ambulance to Hilo Benioff Medical Center.
Over the course of a day, the assault spurred a series of events that would upend the fragile sense of security that Surls-Kane had in Hilo, where family members often checked in on her. Instead, she would find herself disoriented, wearing blue hospital scrubs, on the unfamiliar streets of Honolulu. Her family would declare her missing and, with limited means, set out on an improbable journey to find her.
The assault left Surls-Kane with injuries — a broken jaw and brain bleeding — so severe that the Hilo hospital flew her to The Queen’s Medical Center in Honolulu. In Hawaiʻi, rural hospitals frequently transfer patients needing higher levels of care to better-equipped facilities in the capital.
Family members managed to trace her movements to Queen’s, where they said they were told that Surls-Kane, who suffers from drug addiction and a debilitating mental illness, was combative and refused care so she had been discharged. It’s unclear if she received any treatment there. When an adult patient is adamant about their refusal to receive care, hospitals have little choice but to let them go.
For people with serious mental health diagnoses, this is a common and damaging issue that some advocates say calls for a reexamination of the legal balance of power between civil rights and social justice.
“It does seem irresponsible to just say, ‘Well, alright have a nice day,'” said Louis Erteschik, executive director of the Hawaii Disability Rights Center. …
read … Hilo Family Fights To Bring A Missing Woman Home From Oʻahu’s Streets - Honolulu Civil Beat
Big Island judge to rule next month on state subpoena requesting files of disciplined police officers
BIN: … “We’re merely indicating that the county has contractual obligations, both to the officers through the SHOPO (State of Hawaiʻi Organization of Police Officers) Bargaining Unit, as well as the county has made expressed promises to these officers, not just these officers, but every officer, that receives their Garrity rights at the outset of an internal administrative investigation,” Frenz said. “And the county, as the employer, has a duty to uphold those promises.”
In defense against the subpoena, Corporation Counsel cites a 1967 U.S. Supreme Court case, Garrity v. New Jersey, as the basis for not complying with the subpoena. The motion states that public employees cannot be forced to choose between self-incrimination and job loss.
“The notice that the officers have is a promise, an express written promise that it will never be used in a criminal investigation,” Frenz said Tuesday, referring to the Garrity rule.
In June, State Attorney General Anne Lopez’s Office subpoenaed the Hawai‘i County Police Department to produce these investigative files compiled by the department into the alleged misconduct of four officers – Noah Serrao, Blane Kenolio, Andrew Springer and Sheldon Adviento – that began two years ago.
All officers appeared on the Hawai‘i County Police Department’s 2024 Legislature Disciplinary Report for a myriad of offenses that occurred in May of 2023, including alleged evidence tampering.
The officers were investigated by the department internally for misconduct and received suspensions ranging from six days to 50 days. The officers all served their suspensions, and returned to active duty with the department, according to court records and a disciplinary report.
The department forwarded the cases to the Hawai‘i County Attorney’s Office, which was ultimately forwarded to the State Attorney General’s Office to avoid the appearance of impropriety.
Deputy Attorney General Benjamin Rose told the court Tuesday that the county’s contractual obligations to police officers does not supersede the State’s ability to investigate criminal matters.
“This policy to be vigilant and active imposes a duty to obtain all relevant and material information,” Rose said. “And the Police Department’s interest in maintaining a promise that they could never keep does not override the statutorily imposed duty on the Attorney General.” …
read … Big Island judge to rule next month on state subpoena requesting files of disciplined police officers : Big Island Now
Hallucinating Robot Trips up Another Local Lawyer
CB: … An attorney for the City and County of Honolulu used a fictional legal citation in an attempt to sway a state judge to prevent a high-profile class-action civil rights case from being heard by a jury, court documents show.
David Sgan, a veteran Hawaiʻi lawyer and deputy corporation counsel for Honolulu, acknowledged his error only after lawyers with the American Civil Liberties Union pointed out that the city had relied “on non-existent caselaw to assert a rule that does not exist.”
The underlying suit, against the city and former Honolulu Police Chief Joe Logan, involves allegations that the police department engaged in a pattern of arresting people who weren’t intoxicated for driving under the influence. The ACLU alleges the police committed numerous civil rights violations by making the arrests.
The ACLU wants to take its case to a jury, which Sgan opposed in a brief based on the fictional legal citation. Sgan later asked the court to disregard the spurious legal argument and invoked a different justification in a new motion to oppose a jury trial….
CB: City Lawyer Gets Off With A Scolding For Citing Fake Law In Civil Rights Case - Honolulu Civil Beat
read … Honolulu City Attorney Used Fictional Case Law To Combat Civil Rights Suit - Honolulu Civil Beat
Hawaiʻi primarily votes by mail. Here's how a proposed Trump order could change that
HPR: … President Donald Trump has renewed his campaign against mail-in ballots, saying he is considering an executive order to do away not just with voting by mail but with voting machines as well — ahead of next year's midterm elections.
Hawaiʻi lawmakers changed election laws to embrace mail-in voting. That was six years ago.
The Conversation talked to State Chief Elections Officer Scott Nago about what it would take to go back to in-person voting. Nago told HPR it would not be easy. Just securing the leases for precincts is something done years in advance….
REALITY: Long Lines Suppress Republican Votes on Election Day: City Clerk Plans to do it Again in 2024
read … Hawaiʻi primarily votes by mail. Here's how a proposed Trump order could change that
Future Of Commercial Fishing In Protected Pacific Waters In Courts' Hands
CB: … Hawaiʻi-based longliners have logged more than 900 hours pursuing tuna in previously protected parts of the Pacific Ocean, online tracking data shows, since President Donald Trump lifted a commercial fishing ban in late April.
That new fishing opportunity disappeared recently when a district court judge ruled that U.S. fishery officials didn’t follow proper procedures before opening up the vast waters that form the Pacific Islands Heritage Marine National Monument….
For the monument, Judge Micah Smith found that officials should have sought public input before enacting Trump’s order, which ultimately aims to reopen more than 400,000 square miles of deep ocean. Smith said they also need to publish new, proposed fishing rules in the Federal Register….
Smith’s ruling stops commercial fishing around Wake and Jarvis islands and Johnston Atoll for at least the next few months. But it doesn’t get to the heart of a lawsuit filed in May by conservationist groups against the federal government, which challenges whether Trump’s order itself is even legal.
Court arguments on that more fundamental question are slated to begin in October….
read … Future Of Commercial Fishing In Protected Pacific Waters In Courts' Hands - Honolulu Civil Beat
Empire-Builders Want $25M to Tell us Fire Victims feel bad about their homes burning down
SA: … Juarez and Maunakea told the Star-Advertiser that Kaiser Permanente and HMSA each contributed $250,000 initially, the state provided $2.2 million and the National Institutes for Health provided $500,000 to get their study running.
But the funding will dry up in July.
Building a proper clinic and hiring 10 to 12 long-term health care workers will take $25 million at a time when federal funding also has been drying up since President Donald Trump returned to the White House in January, they said….
(IDEA: Let Lahaina rebuild. That will make victims feel better.)
read … Funds drying up for study tracking Maui fire health effects | Honolulu Star-Advertiser
COVID lawsuit against state DPS dismissed
ASD: … In 2021, an employee of the former state Department of Public Safety emailed about 260 departmental workers about their responsibilities regarding COVID-19 vaccinations and tests.
Specifically, the email advised all recipients that they were required to submit negative COVID tests each Monday, contingent to a 2021 proclamation by then-Gov. David Ige requiring that state and county employees confirm to their departments whether they were vaccinated against COVID-19.
According to legal documents, the DPS employee who sent the email accidentally “cc’d” all recipients, allowing them to see all the email addresses of every other recipient….
read … COVID lawsuit against state dismissed
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