OFFICE OF THE U.S. TRUSTEE
United States District Court, District of Hawaii
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JUDGE DAVID A. EZRA
United States District Court
David A. Ezra, was nominated by President Ronald Reagan in 1988. Ezra is a federal judge for the Ninth Circuit, District of Hawaii; former attorney for Bank of Hawaii; judge in the Rice vs. Cayetano case; judge in the Sukamto Sia trial; judge in the Tony Rutledge trial; judge in Hawaiian Airlines vs. Joshua Gotbaum case; judge in D.C. No. CV-94-00858-DAE - KONA ENTERPRISES, INC., et al, vs. ESTATE OF BERNICE PAUAHI BISHOP, et al; judge in Harmon’s RICO lawsuit against the former Trustees of Kamehameha Schools, Nathan Aipa, Louanne Kam, William Richardson, P&C Insurance Company, Marsh & McLennan, Federal Insurance Company (Chubb Group), PricewaterhouseCoopers, et al.; and judge in the instant civil case Office of the United States Trustee vs. Harmon.
The attorney for Federal Insurance Co. in Defendant’s RICO lawsuit was Lissa Andrews, a former law clerk for Judge David Ezra. Ms. Andrews was formerly a partner at Ezra, O'Connor & Moon and Andrews & Yamamoto, LLLC, before becoming Of Counsel to Rush Moore LLP, A Limited Liability Law Partnership in 2004. Witnessess Susan Tius and Lyn Anzai are also attorneys for this law firm.
Judge David Ezra was also the judge in the high profile case of former Kamehameha Schools Trustee Lokelani Lindsey, in which she filed a “Request for Recusal of Judge David A. Ezra” U.S. District Court, District of Nevada on October 17, 2003 (CR. S-01-318 DAE/RJJ and CR. S-00-00482 HG). In her affidavit attached to the Recusal Request, she declared :
I, LOKELANI LINDSEY, hereby declare and aver under oath the following:
I am concerned about people in authority attacking me and setting me up, more so that in the past; and especially for the life, health and safety of myself, my family, my friends, my associates, and my property and their property. I hold responsible Leslie Osborne, Michael Seabright, Thomas Stevens, and Rebecca McKenzie-Young, as the insurer of my life and their life, health and safety. I do this because:
1. I have insider knowledge of Bishop Estate corruption and cover up of same.
2. I have insider knowledge of corrupt attempts to seize control over the Bishop Estate.
3. I have insider knowledge of further attempts to or acts of abuse of Hawaiians.
4. I have insider knowledge of grand jury tampering in Hawaii.
5. I have insider knowledge of other political and financial corruption in this state, and the targeting of people and groups related thereto.
On behalf of the Hawaii active Whistleblowers Association International, Inc., aka HAWAII, I am here to defend Hawaiians and do encourage all Hawaiians to bring their evidence of abuse and cover up to me so that I can bring that and the above to the Grand Juries here and/or elsewhere....
The abuses against Hawaiians has been and is race based, (see Rice v. Cayetano) and thus civil genocide. These abuses are on a long, continuous conspiracy to steal the birthright and heritage, assets and rights of Hawaiians. The Internal Revenue Service, State of Hawaii and the Bishop Estate are mere Guardians for their Wards, the Hawaiians. The Guardianship must be broken and the Hawaiians freed from assaults similar to those perpetrated by Nazi Germany as revealed in the post World War II Nuremberg trails. The Trust was never broken, especially NOT by me. The Guardianship over the Hawaiian Wards continues, except that now the current Trustees and quasi-trustees (Internal Revenue Service and Hawaii Attorney General) have greatly enhanced the effective stripping of assets and rights from the Hawaiians. I was a Guardian and now I am merely a Hawaiian Ward of these abusive overlords who perpetuate the race based subjugation of the Hawaiians.
Bernice Pauahi Bishop intended for the trust she established to be governed for the purpose of preserving the Hawaiians their assets and heritage in perpetuity. However, the felonies which have been and are being committed in the wholesale attacks on the Bishop Estate are for another goal. The true goal of the current overlords is to put the Bishop Estate and other Hawaiian (such as OHA) assets into the General Fund of the State of Hawaii (and related destinations), and also let the State of Hawaii and the United States just keep the assets of the Hawaiians in trust under their jurisdiction.
If I go to prison, I will have an opportunity for many prisoners to join the Foundation and me in our march to the Grand Juries here and into many states.
I was arrested to block me from taking to the Grand Jury the evidence that I and others have of serious abuses in the Bishop Estate, abuses against the Hawaiians, and especially against the Hawaiian children. Among others we are especially looking for additional alleged indicting evidence against those which include Jack Borja, Rebecca McKenzie-Young, Leslie Osborne, Mike Chun, Oswald Stender, Randall Roth, Judge David Ezra (and his being counsel for Bank of Hawaii), and Ed Case, who all have alleged long histories of such abuses. The Grand Juries are the only appropriate Court to review these and related matters.
Although claimed by such parties to be a minor matter, the recent Bishop Estate loss of about $2 billion and sale of assets to cover up the losses, will also be reviewed by Grand Juries. The matter of thefts from the Kamehameha Schools and Heritage Center of artifacts and other precious items will also be reviewed....
I have been threatened with harm to myself, my family and friends, our lives, health and property, and am very worried these threats will be further carried out, including potentially by one or more of those people named above, directly or through others. A copy of this is being sent to my Las Vegas attorney, Judge David Ezra, the two prosecutors named above, and as appropriate.
Subscribed and sworn to before me
<s> Lokelani Lindsey
Notarized by E. Emalia Keohokalole
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David Ezra was also a former attorney for Bank of Hawaii, for which my former supervisor at Kamehameha Schools/Bishop Estate, Gilbert Tam - a defendant in my RICO lawsuit and a witness in the current case - is a senior officer. Mr. Tam is also an officer for Sandwich Isles Communications, along with Kamehameha Schools’ trustee, Robert K.U. Kihune.
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NEW DISCOVERIES (OCT., 2010):
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NEW DISCOVERY (09-07-10): Re: Undisclosed relationships of Barack Obama, Bill Clinton, CIA, U.S. Dept of Justice, Judge David Ezra, Steve Goodfellow, Linda Lingle, Charmaine Tavares, Hawaiian Telcom, Walter Dods, First Hawaiian Bank, Bishop Museum, Timothy Johns, Mark Polivka, Carlyle Group, Sandwich Isles Communications, Robert Kihune, Gilbert Tam, Bank of Hawaii, Larry Johnson, Donna Tanoue, Chris Hemmeter, Ron Rewald, Paul Allaire, Lucent Technologies, Judith Neustadter Fuqua, Hawaiian Airlines, Aloha Airlines, David Farmer, Dan Inouye, Central Pacific Bank, Daniel Akaka, Neil Abercrombie, Norman Mineta, AIG, Aon, Colbert Matsumoto, Island Insurance Co., Roy Hughes, Colleen Hanabusa, Micah Kane, etc.
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SEE ALSO ...
* * *August 21, 2009
Court blasts conduct at '07 trial
A federal appeals court has sharply criticized the conduct of a federal prosecutor in a 2007 criminal trial here of a man charged with assaulting military police officers at Mokule'ia.
Gentler criticism was also leveled in the same opinion at the defense attorney and judge involved in the case.
"Everyone could have done more to protect defendant's rights at trial," said the opening sentence of the opinion, written this week by Alex Kozinski, Chief Judge of the 9th U.S. Circuit Court of Appeals.
The ruling overturned the conviction of Rex Harrison on one of two counts of assault and vacated his sentence of two years in prison, and ordered that the case be returned to U.S. District Judge David Ezra for resentencing.
But Harrison, a civilian contractor who installed secure computer networks at military bases, has already served all but three months of his two-year sentence, his current lawyer, Hawai'i Federal Public Defender Peter Wolff said.
Wolff pointed out that while the majority appellate decision written by Kozinski dismissed one of the charges against Harrison, a dissenting opinion written by Judge Edward Bybee was even more critical of the government's trial conduct and said the whole case should be overturned.
Kozinski's opinion said the prosecutor, Special Assistant U.S. Attorney Gabriel Colwell, repeatedly engaged in improper questioning of Harrison during cross examination.
"It's black letter law that a prosecutor may not ask a defendant to comment on the truthfulness of another witness ... but the prosecutors here did just that," Kozinski wrote.
And the questions were not "isolated incidents," the judge said.
"Improper questioning was an organizational theme for the prosecutor's entire cross examination," the opinion said.
Colwell, who is now in private practice in Los Angeles, declined to comment yesterday on the 9th Circuit ruling.
admission of error
U.S. Attorney Edward Kubo's office "conceded the impropriety" of the prosecutor's questions in the appeal but said Colwell and his co-counsel were "Special Assistant United States Attorneys on loan from the military," Kozinski wrote.
"That's no excuse at all," the opinion continued.
"When the United States Attorney endows lawyers with the powers of federal prosecutors, he has a responsibility to properly train and supervise them so as to avoid trampling defendants' rights," Kozinski wrote.
The judge also found fault with the defense lawyer and Ezra.
"Indeed, everyone involved could have done better," said Kozinski.
"The defense attorney should have objected as soon as he saw the prosecutors step out of line. And the respected and experienced district judge should not have tolerated this protracted exhibition of unprofessional conduct."
Defense lawyers Victor Bakke and Dean Hoe, who represented Harrison during the trial, could not be reached for comment yesterday.
ezra: no comment
Ezra declined comment.
The majority opinion upheld Harrison's conviction on the more serious felony charge of assault and reversed his conviction on a misdemeanor assault count because of what it termed "plain error" in Ezra's instructions to the jury.
That ruling was based in part on another 9th Circuit decision which was issued after the Harrison trial concluded.
"This partial affirmance does not condone what happened at trial," Kozinski wrote.
"Rather, this mixed result suggests only that trials can sometimes serve justice despite strenuous efforts to the contrary," Kozinski concluded.
In his dissenting opinion, Bybee said the "outrageous behavior of the lead prosecutor" in the case was "so extensive that summarizing it all is no easy task."
"We do not permit attorneys to support or undermine witnesses by either vouching for their veracity ("Brutus is an honorable man") or branding them unreliable ("All Cretans are liars")," Bybee said.
The prosecutor's improper questions tainted the jury's ability to impartially judge the credibility of the prosecution witnesses who testified against Harrison, Bybee said.
Some of the questions were "designed to depict Harrison as an absurd, paranoid individual by forcing him repeatedly to accuse other witnesses of lying," Bybee wrote.
Wolff said he may ask that all 29 members of the 9th Circuit Court of Appeals review the case as a group "in light of the strong dissent of Judge Bybee."
Because of the conviction, Wolff said, Harrison has lost the security clearance he needs to perform his work duties on military installations....
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JUDGE DAVID A. EZRA PHOTO GALLERY
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NEW DISCOVERIES (05-12-09): More factual evidence of undisclosed conflicts of interest between Judge David A. Ezra and other parties in this case:
Zoominfo Profile for Judge David A. Ezra
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Zoominfo Profile for Bobby N. Harmon, CPCU
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CV05-00030 - U.S. Department of Justice, Office of the U.S. Trustee, David C. Farmer, Trustee vs. Bobby N. Harmon-Exhibit: "Ex-trustee Peters sues trust's former counsel" & Witnesses: Henry Peters, Nathan Aipa, etc.
Wednesday, April 1, 2009 2:58 PM
Bobby N. Harmon
"Barack H. Obama" <email@example.com>, "Eric Holder" <AskDOJ@usdoj.gov>, "David Farmer" <firstname.lastname@example.org>, "Steven Guttman" <email@example.com>, "Carol K. Muranaka" <firstname.lastname@example.org>, "David A. Ezra" <email@example.com>, "Judith Neustadter" <Judy@tiki.net>, "Kevin S.C. Chang" <firstname.lastname@example.org>, "Barry M. Kurren" <email@example.com>, "Securities & Exchange Commission Enforcement Division" <firstname.lastname@example.org>, "U.S. Treasury Dept. Office of Inspector General" <email@example.com>, "Office of Inspector General US Dept of Justice" <firstname.lastname@example.org>, "Executive Office for U.S. Trustees" <email@example.com>, "Robert Faris" <firstname.lastname@example.org>, "Anthony Romero" <Executive_director@aclu.org>, "ACLU of Kentucky" <email@example.com>, "Electronic Freedom Foundation" <firstname.lastname@example.org>, "Public Citizen" <email@example.com>, "Thomas Fitton" <firstname.lastname@example.org>, "SEC Office of The Inspector General" <email@example.com>
"ACLU Hawaii" <firstname.lastname@example.org>, "All Representatives" <reps@Capitol.hawaii.gov>, "All Senators" <sens@Capitol.hawaii.gov>, "Andrew Walden" <email@example.com>, "Aon Insurance Managers" <firstname.lastname@example.org>, "Arthur Rath" <email@example.com>, "Benjamin Kudo" <firstname.lastname@example.org>, "Bradley Tamm" <email@example.com>, "Carl Morton" <firstname.lastname@example.org>, "Charles Goodwin" <HONOLULU@FBI.GOV>, "Charles Hurd" <email@example.com>, "David Shapiro" <firstname.lastname@example.org>, "Dee Jay Mailer" <email@example.com>, "Dorothy Sellers" <firstname.lastname@example.org>, "Executive Office for U.S. Trustees" <email@example.com>, "Hugh Jones" <firstname.lastname@example.org>, "Insurance Division Fraud Branch" <email@example.com>, "J C Shannon" <Hapa1234@aol.com>, "James B Nicholson" <firstname.lastname@example.org>, "James B. Farris" <Farrisj@adr.org>, "James Cribley" <email@example.com>, "James Wriston" <firstname.lastname@example.org>, "Jeffrey Watanabe" <email@example.com>, "Jim Dooley" <firstname.lastname@example.org>, "Jo Ann Uchida" <email@example.com>, "Joe Moore" <firstname.lastname@example.org>, "John D. Finnegan" <email@example.com>, "John Goemans" <firstname.lastname@example.org>, "Judge Lloyd King" <email@example.com>, "Judith Neustadter" <Judy@tiki.net>, "Judson Witham" <firstname.lastname@example.org>, "Ken Conklin" <email@example.com>, "Kenneth Hipp" <firstname.lastname@example.org>, "Lawrence Reifurth" <email@example.com>, "Linda Lingle" <firstname.lastname@example.org>, "Lyn Flanigan Anzai" <email@example.com>, "Margery Bronster" <firstname.lastname@example.org>, "Marsh Affinity Group" <email@example.com>, "Michael N. Tanoue" <firstname.lastname@example.org>, "Michelle Tucker" <email@example.com>, "Nathan Aipa" <firstname.lastname@example.org>, "Office of Inspector General Civil Rights Complaints" <email@example.com>, "Office of the U.S. Trustee District of Hawaii" <firstname.lastname@example.orgV>, "Paul Alston" <email@example.com>, "Randall Roth" <firstname.lastname@example.org>, "Rick Daysog" <email@example.com>, "Robert Bruce Graham" <firstname.lastname@example.org>, "Robin Campaniano" <email@example.com>, "Samuel P. King" <firstname.lastname@example.org>, "Susan Tius" <STius@rmhawaii.com>, "William K Slate" <Websitemail@adr.org>, "Jim Terrack" <email@example.com>, "Don Michak" <firstname.lastname@example.org>, "Rocco Sansone" <email@example.com>, "Ted Pettit" <firstname.lastname@example.org>, "Mark Burch" <email@example.com>, "Laura Thielen" <firstname.lastname@example.org>, "Vaughn & Lynda Robinson" <email@example.com>, "Rebecca Christie" <firstname.lastname@example.org>, "Catbird" <email@example.com>, "James Duca" <firstname.lastname@example.org>, "Ian Lind" <email@example.com>, "Roy F. Hughes" <firstname.lastname@example.org>, "Malia Zimmerman" <Malia@hawaiireporter.com>, "Elisa Yadao" <Ka_Hana@notes.k12.hi.us>, "Jack Cashill" <JCashill@aol.com>, "Marshall Chriswell" <email@example.com>, "Tom Flocco" <firstname.lastname@example.org>, "Eric Shine" <email@example.com>, "Laser Haas" <firstname.lastname@example.org>, "Lucy Komisar" <email@example.com>, "Democrats.com" <firstname.lastname@example.org>, "Debra Sweet" <email@example.com>, "Jane Kirtley" <firstname.lastname@example.org>, "V K Durham" <email@example.com>, "John Jubinsky" <Jube@tghawaii.com>, "Yamil Berard" <firstname.lastname@example.org>, "Ian McDonald" <email@example.com>, "Michael Moore" <firstname.lastname@example.org>
Posted on: Friday, July 25, 2003
Ex-trustee Peters sues trust's former counsel
By Curtis Lum, Advertiser Staff Writer
The lawsuit was filed yesterday in state Circuit Court by attorney Eric Seitz on behalf of Peters. It named Aipa as a defendant, but did not include KSBE, now known as Kamehameha Schools.
Peters is seeking an undisclosed amount in damages. Aipa could not be reached for comment.
Peters was a trustee of the Bishop Estate from 1984 until he resigned in December 1999 amidst allegations that he and the other trustees mismanaged the billion-dollar trust and abused their power. Aipa served as chief counsel of KSBE from 1985 to 2001 and is now in private practice.
In the lawsuit, Peters said he met regularly with Aipa and provided information to the counsel pertaining to Peters' role as a trustee. Peters "reasonably expected and relied upon the confidentiality of his communications with Aipa," the lawsuit stated.
But Peters' lawsuit said that beginning in 1998, Aipa "repeatedly" disclosed the confidential information to "various parties and entities." Aipa also repeated confidential information at grand jury proceedings, the lawsuit said.
Peters said Aipa did not seek or receive any waiver of the attorney-client privilege.
As a result of Aipa's actions, the suit said, Peters suffered "severe and continuing damage" to his reputation and a loss of income.
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April 1, 2009
Due to the new discovery of material facts in this case, I am adding the subject Exhibit which provides evidence of breach of confidentiality and attorney-client priviledge in this case as well as in the Peters vs. Aipa case described in this news article. The financial, professional, political and personal relationships between these two individuals (as shown in their witness descriptions), also provides factual evidence of undisclosed conflicts of interest among various entities involved in this lawsuit, including many, if not all, of the judges involved.
In view of all the facts that I have presented in this and hundreds of other Exhibits and witness descriptions, it is beyond comprehension that Judges Eden Hifo (fka Bambi Weil), Kevin Chang, David Ezra, Barry Kurren, Lloyd King, and Robert Faris, and Trustees Mary Lou Woo, James Nicholson, and David C. Farmer; the American Arbitration Association arbitrator Judith Neustadter Fuqua, and attorney Steven Guttman can still claim that they were non-conflicted, impartial, and unbiased in this case.
In spite of all this factual evidence, however, I am again asking that we attempt to reach a global settlement of this matter through confidential negotiation or mediation rather than continuing these costly and seemingly-endless court proceedings.
If you still are NOT willing to attempt to negotiate or mediate a settlement, then I ask that you do your required review this new Exhibit and advise me if you find it contains any so-called "protected subject matter", and whether or not you intend to OBJECT to my filing a Motion to reopen this case.
Mr. Farmer, I respectfully request your immediate reply. If I do not receive a response from you or your insurance carrier within 15 days, I will assume that you have found no "protected subject matter" in these updated pages, and that you will NOT file any objections to my Motion.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
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NEW DISCOVERY (03/30/09): Undisclosed conflicts of interest between Attorney General Alberto Gonzales, the United States Department of Justice, Office of the U.S. Trustee, Curtis Ching, Carol Muranaka, Guido Giacometti, Susan Tius, Sukamto Sia, Bank of Honolulu, Diane Plotts, Bob Awana, Linda Lingle, Citigroup, Robert Rubin, Bill Clinton, John Waihee, Ben Cayetano, Goldman Sachs, Colbert Matsumoto, Henry Peters, Matsuo Takabuki, Richard Wong, Jeff Stone, Oswald Stender, Gerard Jervis, Lokelani Lindsey, Nathan Aipa, Colleen Wong, Louanne Kam, John Candon, Clifford Laughton, Timothy Johns, Bishop Museum, Nainoa Thompson, Mark Polivka, Judge Eden Elizabeth Hifo (fka Bambi Weil), Judge Lloyd King, Judge Robert Faris, Judge David A. Ezra, Judge Barry Kurren, Mary Lou Woo, James B. Nicholson, David C. Farmer, Steven Guttman, etc.:
Executive Centre units auctioned for $4 mil
Ownership of the properties
By Peter Wagner, Star-Bulletin
But with court confirmation and another round of bids possibly ahead, ownership of the property is yet to be determined.
Clifford Laughton, president of the Reno-based Nevada Holdings Ltd. and chief executive at Honolulu-based satellite company Columbia Communications Corp., yesterday made the winning bid of $4,000,100.
Laughton's bid topped a $4 million offer by Citibank N.A., the only other bidder at a foreclosure auction at the state courthouse yesterday.
The leasehold properties include 31 residential units, a penthouse, two commercial spaces occupied by Sprint Hawaii and Fujikami Florist and 65 parking stalls.
The heavily mortgaged 41-story building, at 1088 Bishop Street also includes a 120-room Aston hotel, retail outlets including Long's Drugs and Ross Dress For Less and nearly 300 residential units.
The entire property was appraised last year at $39.5 million.
Citibank, the major creditor in a foreclosure action against one of Sia's company's, MKS Executive Partners, took possession last month of most of the 41-story building in a complex bankruptcy deal in which Sia's estate will receive about $500,000.
Citibank affiliate EXCT L.P. took ownership of about 400 units on July 28.
Sia, currently in Chapter 7 bankruptcy liquidation, originally filed for Chapter 11 bankruptcy reorganization in November 1998.
While Citibank yesterday allowed itself to be outbid by $100, the sale is far from over. Under rules of the foreclosure, new bids may be entertained at confirmation but must be at least 5 percent above the auction price.
Foreclosure commissioner John Candon said at least three parties who were silent during yesterday's auction have asked when the confirmation hearing would be. No date has been set.
Laughton yesterday said he would likely honor existing leases at Executive Centre if he remains the high bidder. He said the units are a good investment because of depressed property values and a strong rental market in the downtown area.
While Executive Centre was once a key holding of Sia in Honolulu, the bankruptcy trustee was unable to liquidate the property for creditors because Sia held no equity in it.
His ownership in the building was through MKS Executive Partners, one of his numerous companies.
The 40-year-old businessman owes nearly $300 million to casinos, banks and creditors around the world.
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NEW DISCOVERY (12-24-08): More undisclosed conflicts of interest between Trustee David C. Farmer, James Nicholson, Steven Guttman, Joshua Gotbaum, Judith Neustadter Fuqua, Linda Lingle, Jack Abramoff, AIPAC, Barack Obama, Bill Clinton, Hillary Clinton, Rahm Emanuel, Michael Mukasey, Bishop Estate, Goldman Sachs, Robert Rubin, Henry Paulson, The Nature Conservancy, Faye Kurren, Judge Barry Kurren, Judge David Ezra, OHA, Bernard Madoff, Robert Katz, etc.:
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NEW DISCOVERY (12-05-08):
Judson ON THE RECORD - VERY IMPORTANT!! New Member, Sheldon, is Pres. of YAL @ Idaho State, seeking Utah YAL...& member Judson Witham has filed the Utah lawsuit against Obama!
Friday, December 5, 2008 5:48 PM
From: "Jud Witham" <email@example.com>
To: firstname.lastname@example.org, "Vaughn & Lynda Robison" <email@example.com>
Cc: firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, Specialops@huffingtonpost.com, firstname.lastname@example.org, Ken_Conklin@yahoo.com, email@example.com, Hapa1234@aol.com, "MadMax@RoadWarriorRadio.com, Curt Crosby" <firstname.lastname@example.org>, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org
BYU LAW LIBRARY after sending and receiving FAXES for me for YEARS, suspended my use of the FAX services et al AS Channel 5 Salt Lake called them asking about me ?? YUP BYU retaliated because ?????
My position is to UPHOLD the LAW to see to it that QUALIFIED CITIZENS are our representatives and IF NOT, well, you do the math. My filing speaks for itself.
I am NOT the least RACIST and ACTUALLY I understand Freedom and Liberty is NOT the sole property of ANY party, group or....LIBERAL after all should always be HOW Liberty Is Observed !!! Liberally HELLO !!!!
Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc.
I did provide Barrack Obama's Counsel with the following:
§4. Citizenship. That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii.
And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninety-eight and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii.
This section was supplemented by the Act of July 2, 1932, 47 Stat 571, amended by the Act of July 1, 1940, 54 Stat 707, providing that for purposes of Act of Sept. 22, 1922, 46 Stat 1511, women born in Hawaii prior to June 14, 1900 deemed U.S. citizens at birth. But Act of Sept. 22, 1922 was repealed by Act of Oct. 14, 1940, 54 Stat 1137, which in turn was repealed by Act of June 27, 1952, 66 Stat 166 (McCarran-Walter Act), and the present provisions are contained in 8 U.S.C.A. 1435(a).
Under Art. 17, §1, of the Const. of 1894 (adapted from the 14th Am. of the U.S. Const.) all persons born or naturalized in the Hawaiian Islands and subject to the jurisdiction of the Republic of Hawaii were citizens thereof. Between 1842 and 1892, 731 Chinese and three Japanese were naturalized in Hawaii; since 1892, none. Birth certificates by the Territory of Hawaii are not controlling, and persons applying for admission to the United States with such certificates may be detained by immigration officers for the purpose of determining citizenship, 35 Ops. 69. The secretary of Hawaii may issue to persons born in Hawaii certificates of Hawaiian birth, which are prima facie evidence: HRS §§338-41 to 44, see also former law: L. 1905, c. 64; am. L. 1907, c. 79; rep. L. 1909, c. 15; R.L. 1915, p. 1487; R.L. 1925, c. 21; R.L. 1935, c. 247. A person born in the Kingdom of Hawaii of British parents domiciled there was held to be a citizen of the Republic of Hawaii although he was registered at birth at the British consulate and had never renounced allegiance to the British crown nor sworn allegiance to the Hawaiian government: 11 H. 166. On citizenship of persons born in the United States of alien parents, see 169 U.S. 649. Mere residence in foreign state after majority does not expatriate, 31 F.2d 738. But son of naturalized Hawaiian citizen became expatriated through residence in foreign country of birth. 89 F.2d 489, cert. den. 301 U.S. 682, reh'g den. 301 U.S. 713. Naturalization as Hawaiian citizen did not occur under Const. of 1894 by issuance of certificate of Minister of Interior where allegiance to native land not renounced and court order not obtained. 117 F.2d 588, reh'g den. 120 F.2d 760, aff'd by divided court, 315 U.S. 783.
Chinese who were Hawaiian citizens on Aug. 12, 1898, by either birth or naturalization, whether under the monarchy or the republic, became American citizens under this §: 23 Ops. 509; 1 U.S.D.C. Haw. 118; and their wives and children were thereafter entitled to enter the Territory; 23 Ops. 345; and such a citizen could take oath that he was such, and obtain an American register for a vessel which had a Hawaiian register on that date and was then owned and continued to be owned by a Hawaiian citizen until purchased by such Chinese; 23 Ops. 352. Son of Chinese, naturalized Hawaiian citizen, born in China in 1894 and remaining there through minority, did not become citizen and not entitled to enter U.S. 69 F.2d 681. Chinese held for deportation may set up American citizenship in habeas corpus or deportation proceedings, but the burden is on them to prove such citizenship: 1 U.S.D.C. Haw. 6; 1 U.S.D.C. Haw. 44; 1 U.S.D.C. Haw. 104; 1 U.S.D.C. Haw. 113; 1 U.S.D.C. Haw. 234; 270 Fed. 57.
Habeas corpus lies to protect immigrant's right to have question of citizenship determined; 160 Fed. 842, affirming 3 U.S.D.C. Haw. 168. See also §§100 and 101, and notes thereto; also note to Joint Resolution of Annexation, RLH 1955, page 13.
Woman of Chinese ancestry, born in Hawaii in 1894 but married to Chinese alien in 1910, could not be naturalized under the Acts cited in first paragraph of this note as they stood prior to 1940 amendment, because of her nonresidence on July 2, 1932, 88 F.2d 88.
For decisions generally on immigration and citizens see notes to §§100 and 101, and note to RLH 1955, §57-43; also, presumptions: arising from findings of Board of inquiry or certificate of identity, 29 F.2d 500; 30 F.2d 516; 49 F.2d 19 and 24; may be rebutted, 30 F.2d 65; lack of, prima facie supports right to deport, 36 F.2d 563; fraud must be alleged in complaint, 63 F.2d 375 and 377. Delay for depositions may be a matter of right, 33 F.2d 236. Proof of Chinese descent shifts burden of proof: 104 F.2d 21, 111 F.2d 707. Finding of citizenship on previous entry not binding: 124 F.2d 21; but see 188 F.2d 975.
Under the treaty with Spain and Acts of Congress, a Puerto Rican, residing in Puerto Rico on April 11, 1899, and a year thereafter, who did not declare his decision to preserve his allegiance to Spain, did not lose his political status by removing to Hawaii in 1901, but became a citizen of the United States under a subsequent Act of Congress and hence entitled to vote in Hawaii: 24 H. 21.
Although §8(a)(1) of the Act of March 24, 1934, c 84, 48 Stat 456, 462, provides that Filipinos shall be placed on the quota basis as aliens, it is specifically made inapplicable to Hawaii and immigration is determined by the Interior Dept. on basis of industrial needs.
Referred to in 13 H. 21, 556; 162 Fed. 470.
Filipino national in Hawaii became alien by proclamation of Philippine Independence, 183 F.2d 795.
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--- On Fri, 12/5/08, Vaughn & Lynda Robison <email@example.com> wrote:
From: Vaughn & Lynda Robison <firstname.lastname@example.org>
Subject: [ronpaul-16] VERY IMPORTANT!! New Member, Sheldon, is Pres. of YAL @ Idaho State, seeking Utah YAL...& member Judson Witham has filed the Utah lawsuit against Obama!!
Date: Friday, December 5, 2008, 3:54 PM
1. Sheldon Kreger is Pres. of the Idaho State Univ. Young Americans for Liberty (YAL). He says Univ of Utah/BYU have not got a YAL organized and wants to help Utah get them started and coordinate between Utah and Idaho YAL groups. Dave used to be President of the Univ of Utah Students for Ron Paul, and organized a rally downtown for all of us on Oct. 13, 2007 (still on our calendar of past events). And David Garber & Ken were with the BYU Students for Ron Paul. We passed these names on to Sheldon. Click on his name and send him an email if you have any new details to add for helping him contact people interested in organizing YAL groups in Utah.
2. Judson Witham -- over 30 lawsuits against Obama nationwide regarding his lack of citizenship to be running for President -- the Internet listed that Utah had a lawsuit, also, and after more digging, we found that the person filing the lawsuit against Obama in Utah was our very own member Jud Witham!! How COOL is that!!!! Jud, do you need any help and/or support on this lawsuit? Thank YOU for taking a stand against those attempting to steal the US Constitution!!
(Anybody who wants to help Jud with this lawsuit, feel free to contact him. Likewise, anybody who is able to help Mike Ridgeway finish paying off his lawyer for a very successful lawsuit against the Utah GOP leaders who did their malicious scam on him---the judge declared Mike innocent last July---please feel free to contact him, also ---- Ron Paul has asked all of us to clean house with the local party first, and Mike, et.al, has been doing that for 10 years on their own--we encourage all meetup members to join with Mike Ridgeway and the others who are ashamed and disgusted at the party's corruptness in our state that must be replaced with "good, honest, and wise" leaders before we can ever get liberty-minded candidates with integrity elected here in Utah!)
Back to Jud>>>
HAVING UTAH INCLUDED IN THE OBAMA LAWSUITS AGAINST HIS FRAUDULENT CLAIM OF BEING A LEGAL CITIZEN IS AWESOME!!
Watch reports on this from Devvy Kidd at WND (World Net Daily). She's contacted the FBI to do a check on campaign funds fraud by Obama, she's talking and reporting about all 30 lawsuits (which include 2 more at the US Supreme Court level by a Democrat named Berg and another lawsuit by the presidential candidate Alan Keyes!!--the rest all seem to be lawsuits that are against their state's Secretary of State, demanding answers for Obama's proof of citizenship), and she's contacting the Electoral College about not voting until this is settled.
Allegedly, the Hawaii governor swore under oath 2 months ago that Hawaii does NOT have any birth certificate, and that the governor has allegedly sworn under oath that Obama was born in Kenya. This is a direct attack on the US Constitution, nothing to do with race.
It is to take down the last of the US Constitution, which is to take down the Electoral College (having the US public manipulated into demanding the "people's vote" is more important than the Electoral College vote, and to throw away the US Constitution or have it "re-written"---not realizing the "people's vote" is a rigged election), and to also take down the "natural born citizen" requirement.
Obama has hired THREE LAW FIRMS, not 3 lawyers, but 3 law firms, to handle this first lawsuit by Leo-Somebody at the US Supreme Court. There's been monkey-business with clerks stalling all of the 30 lawsuits, with the excuse that it was "not filed correctly." Leo's lawsuit was stalled by the clerk having an anthrax search on the papers/envelope he'd had filed with them.
They're stalling big time. Stalling until after the Dec. 15 Electoral College vote. Stalling until after he gets into office on January 20th.
And mainstream media had a complete blackout on this story until today (Friday, 12-5-08) when the Chicago Tribune ran the story, with the L.A. times picking up on it, and now many major papers nationwide, including "Drudge" on the Internet, are finally running this story (that started last June or before). But none of the Salt Lake papers are running any of it yet. Why is that, when we're a "red state" and allegedly all voted for McCain?
The question has already been posed as to what to do if Obama is declared unable to take the presidential office because "the US Constitution doesn't tell us what to do." Well, yes it did. It said a "natural born citizen." When you break a rule, you go back to the beginning. You don't use the broken rule as an excuse to change the rules.
Yeah, that probably means another election. We say have lawsuits filed against McCain, again (they got dismissed earlier), to undo Congress' "resolution" that stated that his illegal immigrant status was ok with them, and then have all the rest of the candidates put back on the ballot who got left off even though they were only suspending their campaign, including Ron Paul.
Don't know if that means Pelosi would be the temporary prez after January 20 until a new election is handled or not. Don't know what options are out there that are legal for this. But the "Establishment" having 2 illegals running for president at all, is beyond a reasonable doubt that this was an "accident."
--This message was sent by Vaughn & Lynda Robison (email@example.com) from Utah Campaign for Liberty.
To learn more about Vaughn & Lynda Robison, visit his/her member profile
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NEW DISCOVERY (11-24-08): New Exhibit: “EQ 2048 - Deposition of Lokelani Lindsey taken on November 4 & 9, 1999". This document provides clear evidence that J. Douglas Ing had multiple conflicts-of-interest in this case and, since he was not a named Defendant in my RICO lawsuit against the former Trustees, he was not a legitimate signatory to the Settlement Agreement: Furthermore, since the Settlement Agreement was NOT SIGNED by any of the five Trustees actually named as Defendants, the Settlement Agreement was not legal or valid. (See Exhibit A)
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NEW DISCOVERY (09-20-08): “Prior Restraint” of free speech is unconstitutional and, in this case, was outside Judge David Ezra’s jurisdiction:
RE: CV05-00030 - David Farmer vs. Harmon - Exhibit: "The Freedom To Sing"
Saturday, September 20, 2008 2:00 AM
From: "Bobby Harmon"
To: "David Farmer" <firstname.lastname@example.org>, "Steven Guttman" <email@example.com>, "Carol K. Muranaka" <firstname.lastname@example.org>
Cc: "Michael Mukasey <AskDOJ@usdoj.gov> ACLU Hawaii" <email@example.com>, "All Representatives" <reps@Capitol.hawaii.gov>, "All Senators" <sens@Capitol.hawaii.gov>, "Andrew Walden" <firstname.lastname@example.org>, "Andrew Winer" <email@example.com>, "Aon Insurance Managers" <firstname.lastname@example.org>, "Arnold T. Phillips" <email@example.com>, "Arthur Rath" <firstname.lastname@example.org>, "Barry M. Kurren" <email@example.com>, "Benjamin Kudo" <firstname.lastname@example.org>, "Blossom Tong" <email@example.com>, "Bradley Tamm" <firstname.lastname@example.org>, "Carl Morton" <email@example.com>, "Charles Goodwin" <HONOLULU@FBI.GOV>, "Charles Hurd" <firstname.lastname@example.org>, "Colbert Matsumoto" <email@example.com>, "Craig Watanabe" <firstname.lastname@example.org>, "Dane Field" <email@example.com>, "Dave Shapiro" <firstname.lastname@example.org>, "David A. Ezra" <email@example.com>, "Dee Jay Mailer" <firstname.lastname@example.org>, "Dorothy Sellers" <email@example.com>, "Exececutive Office for U.S. Trustees" <firstname.lastname@example.org>, "Hugh Jones" <email@example.com>, "Insurance Division Fraud Branch" <firstname.lastname@example.org>, "J C Shannon" <Hapa1234@aol.com>, "James B Nicholson" <email@example.com>, "James B. Farris" <Farrisj@adr.org>, "James Cribley" <firstname.lastname@example.org>, "James Duca" <email@example.com>, "James Paul" <firstname.lastname@example.org>, "James Wriston" <email@example.com>, "Jeffrey Sia" <Jeff.Sia@excite.com>, "Jeffrey Watanabe" <firstname.lastname@example.org>, "Jim Dooley" <email@example.com>, "Jo Ann Uchida" <firstname.lastname@example.org>, "Joe Moore" <email@example.com>, "John D. Finnegan" <firstname.lastname@example.org>, "John Goemans" <email@example.com>, "Judge Lloyd King" <firstname.lastname@example.org>, "Judith Neustadter" <Judy@tiki.net>, "Judson Witham" <email@example.com>, "Ken Conklin" <firstname.lastname@example.org>, "Kenneth Hipp" <email@example.com>, "Kevin S.C. Chang" <firstname.lastname@example.org>, "Lawrence Reifurth" <email@example.com>, "Linda Lingle" <firstname.lastname@example.org>, "Lyn Flanigan Anzai" <email@example.com>, "Margery Bronster" <firstname.lastname@example.org>, "Marsh Affinity Group" <email@example.com>, "Michael N. Tanoue" <firstname.lastname@example.org>, "Michelle Tucker" <email@example.com>, "Nathan Aipa" <firstname.lastname@example.org>, "Office of Inspector General Civil Rights Complaints" <email@example.com>, "Office of the U.S. Trustee District of Hawaii" <firstname.lastname@example.orgV>, "Paul Alston" <email@example.com>, "Peter Carlisle" <firstname.lastname@example.org>, "Randall Roth" <email@example.com>, "Rick Daysog" <firstname.lastname@example.org>, "Robert Bruce Graham" <email@example.com>, "Robert F. Miller" <firstname.lastname@example.org>, "Robin Campaniano" <email@example.com>, "Roy F. Hughes" <firstname.lastname@example.org>, "Samuel P. King" <email@example.com>, "Susan Tius" <STius@rmhawaii.com>, "V K Durham" <firstname.lastname@example.org>, "Valerie U. Katz" <email@example.com>, "William K Slate" <Websitemail@adr.org>, "Jim Terrack" <firstname.lastname@example.org>, "Don Michak" <email@example.com>, "Rocco Sansone" <firstname.lastname@example.org>, "Ted Pettit" <email@example.com>, "Mark Burch" <firstname.lastname@example.org>, "Laura Thielen" <email@example.com>, "Michael Moore" <MMFlint@aol.com>, "John D Zalewski" <firstname.lastname@example.org>, "Robert M. Kohn" <email@example.com>, "Haunani Apoliona" <firstname.lastname@example.org>, "Malia Zimmerman" <Malia@hawaiireporter.com>, "CPCU Society Hawaii Chapter" <email@example.com>, "Hawaii Independent Insurance Agents Assoc." <firstname.lastname@example.org>, "Hawaii Insurance Bureau Inc" <email@example.com>, "Hawaii Insurers Council" <firstname.lastname@example.org>, "Reporters Committee for Freedom of the Press" <email@example.com>, "CND 48 Hours" <48Hours@CBSnews.com>, "American Bar Association" <firstname.lastname@example.org>, "Electronic Frontier Foundation" <email@example.com>, "First Amendment Center" <firstname.lastname@example.org>, "Council for the National Interest Foundation" <email@example.com>, "Free to Know-Hawaii" <firstname.lastname@example.org>, "ImpeachBush.org" <email@example.com>, "Wayne Madsen" <firstname.lastname@example.org>, "National Whistleblower Center" <email@example.com>, "Editor New York Times" <firstname.lastname@example.org>, "Greg Palast" <email@example.com>, "Pension Benefit Guaranty Association" <firstname.lastname@example.org>, "Public Citizen" <email@example.com>... more
Dear Mr. Farmer, Mr. Guttman, Ms. Muranaka & All Concerned:
Due to the discovery of NEW FACTS, I am updating the subject Exhibit and the witness information for U.S. Attorneys General Michael Mukasey and Alberto Gonzales, which you will find attached and on-line at:
As Judge David Ezra's Final Judgment constitutes a PRIOR RESTRAINT of my freedom of speech -- and that of all others who published their opinions in The Catbird Seat website, I regret that I must continue to submit each of these new and updated exhibits and witness descriptions for your review and approval in the event they may contain any prohibited "Protected Subject Matter". If you would like to avoid this approval process, then I would again suggest that we attempt a good-faith settlement of this case through confidential negotiation or mediation.
Your prompt reply will be appreciated.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
Related internet references:
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The First Amendment Handbook
A prior restraint is an official restriction of speech prior to publication. Prior restraints are viewed by the U.S. Supreme Court as "the most serious and the least tolerable infringement on First Amendment rights." Since 1931, the Court repeatedly has found that such attempts to censor the media are presumed unconstitutional.
In the 1976 landmark case Nebraska Press Association v. Stuart, the Court addressed the constitutionality of an order prohibiting the media from publishing or broadcasting certain information about Erwin Charles Simants, who was accused of murdering the Henry Kellie family in a small town in Nebraska. This case pitted the First Amendment rights of a free press against the defendant's Sixth Amendment right to a fair trial.
To ensure that Simants received a fair trial, the Nebraska Supreme Court modified the district court's order to prohibit reporting of confessions or admissions made by Simants or facts "strongly implicative" of Simants.
On appeal, the U.S. Supreme Court struck down the prior restraint order. The Court emphasized that the use of prior restraint is an "immediate and irreversible sanction" that greatly restricts the First Amendment rights of the press. "If it can be said that a threat of criminal or civil sanctions after publication `chills' speech, prior restraint `freezes' it at least for the time," Chief Justice Warren Burger wrote for the Court.
To determine whether the prior restraint order was justified, the Court applied a form of the "clear and present danger" test, examining whether "the gravity of the `evil,' discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger."
In applying this test, the Court articulated a three-part analytical framework, which imposed a heavy burden on the party seeking to restrain the press. First, the Court examined "the nature and extent of the pretrial news coverage." Second, the Court considered whether other less restrictive measures would have alleviated the effects of pretrial publicity. Finally, the Court considered the effectiveness of a restraining order in preventing the threatened danger.
The Court found that the trial judge reasonably concluded that the "intense and pervasive pretrial publicity" in the Simants case "might reasonably impair the defendant's right to a fair trial." However, the trial judge did not consider whether other measures short of a prior restraint order would protect the defendant's rights. The trial judge should have considered changing the location of the trial, postponing the trial, intensifying screening of prospective jurors, providing emphatic and clear instructions to jurors about judging the case only on the evidence presented in the courtroom or sequestering the jury.
The Court also found that the effectiveness of the trial judge's prior restraint order to protect Simants' right to a fair trial was questionable. Because the prior restraint order is limited to the court's territorial jurisdiction, it could not effectively restrain national publications as opposed to publications within the court's jurisdiction.
Moreover, it is difficult for trial judges to draft effective prior restraint orders when it is hard "to predict what information will in fact undermine the impartiality of jurors."...
Because the "barriers to prior restraint remain high and the presumption against its use continues intact," prior restraint orders are rarely upheld. As a result, editorial decisions about publication of information the government deems sensitive are generally left solely to the discretion of news organizations. Nevertheless, government officials and private individuals occasionally attempt to stop publication....
The Reporters Committee for Freedom of the Press
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NEW DISCOVERY (09-19-08): More undisclosed conflicts of interests between parties named in Defendant’s RICO lawsuit and the U.S. Department of Justice (Plaintiff), Alberto Gonzanes, Mark Bennett, Hugh Jones, Dorothy Sellers, Margery Bronster, Earl Anzai, Lyn Anzai, Henry Paulson, Robin Campaniano, AIG, Chubb Group, ACE, Aon, Marsh & McLennan, Goldman Sachs, Henry Peters, Robert Kihune, Bank of Hawaii, Gilbert Tam, Diane Plotts, Sukamto Sia, Constance Lau, Hawaiian Electric Company, Douglas Ing, Louise Ing, Aloha Airlines, Hawaiian Airlines, Joshua Gotbaum, Judge Elizabeth Eden Hifo (fka Bambi Weil), Judge Kevin Chang, Faye Watanabe Kurren, The Nature Conservancy, Judge Barry Kurren, Judge David Ezra, James Nicholson, Linda Lingle, Ben Cayetano, John Waihee, Ron Rewald, OHA, AIPAC, Jack Abramoff, David Farmer, Steven Guttman, etc:
CV05-00030 - David Farmer vs. Harmon -
Exhibit: "AIG: Buzz Yahoo story"
Friday, September 19, 2008 12:53 AM
From: "Bobby Harmon" <firstname.lastname@example.org>iew contact details
To: "David Farmer" <email@example.com>, "Steven Guttman" <firstname.lastname@example.org>, "Carol K. Muranaka" <email@example.com>
Cc: "Michael Mukasey <AskDOJ@usdoj.gov> ACLU Hawaii" <firstname.lastname@example.org>, "All Representatives" <reps@Capitol.hawaii.gov>, "All Senators" <sens@Capitol.hawaii.gov>, "Andrew Walden" <email@example.com>, "Andrew Winer" <firstname.lastname@example.org>, "Aon Insurance Managers" <email@example.com>, "Arnold T. Phillips" <firstname.lastname@example.org>, "Arthur Rath" <email@example.com>, "Barry M. Kurren" <firstname.lastname@example.org>, "Benjamin Kudo" <email@example.com>, "Blossom Tong" <firstname.lastname@example.org>, "Bradley Tamm" <email@example.com>, "Brian E. Schatz" <firstname.lastname@example.org>, "Carl Morton" <email@example.com>, "Charles Goodwin" <HONOLULU@FBI.GOV>, "Charles Hurd" <firstname.lastname@example.org>, "Colbert Matsumoto" <email@example.com>, "Craig Watanabe" <firstname.lastname@example.org>, "Curtis B. Ching" <Curtis.B.Ching@usdoj.gov>, "Dane Field" <email@example.com>, "Dave Shapiro" <firstname.lastname@example.org>, "David A. Ezra" <email@example.com>, "Dee Jay Mailer" <firstname.lastname@example.org>, "Dorothy Sellers" <email@example.com>, "Excecutive Office for U.S. Trustees" <firstname.lastname@example.org>, "Hugh Jones" <email@example.com>, "Insurance Division Fraud Branch" <firstname.lastname@example.org>, "J C Shannon" <Hapa1234@aol.com>, "James B Nicholson" <email@example.com>, "James B. Farris" <Farrisj@adr.org>, "James Cribley" <firstname.lastname@example.org>, "James Duca" <email@example.com>, "James Paul" <firstname.lastname@example.org>, "James Wriston" <email@example.com>, "Jeffrey Sia" <Jeff.Sia@excite.com>, "Jeffrey Watanabe" <firstname.lastname@example.org>, "Jim Dooley" <email@example.com>, "Jo Ann Uchida" <firstname.lastname@example.org>, "Joe Moore" <email@example.com>, "John D. Finnegan" <firstname.lastname@example.org>, "John Goemans" <email@example.com>, "Judge Lloyd King" <firstname.lastname@example.org>, "Judith Neustadter" <Judy@tiki.net>, "Judson Witham" <email@example.com>, "Ken Conklin" <firstname.lastname@example.org>, "Kenneth Hipp" <email@example.com>, "Kevin S.C. Chang" <firstname.lastname@example.org>, "Lawrence Reifurth" <email@example.com>, "Linda Lingle" <firstname.lastname@example.org>, "Louise Ing" <email@example.com>, "Lyn Flanigan Anzai" <firstname.lastname@example.org>, "Margery Bronster" <email@example.com>, "Marsh Affinity Group" <firstname.lastname@example.org>, "Matt Tsukazaki" <email@example.com>, "Michael N. Tanoue" <firstname.lastname@example.org>, "Michelle Tucker" <email@example.com>, "Na Kumu Book Project" <firstname.lastname@example.org>, "Nathan Aipa" <email@example.com>, "Office of Inspector General Civil Rights Complaints" <firstname.lastname@example.org>, "Office of the U.S. Trustee District of Hawaii" <email@example.comV>, "Paul Alston" <firstname.lastname@example.org>, "Peter Carlisle" <email@example.com>, "Randall Roth" <firstname.lastname@example.org>, "Rick Daysog" <email@example.com>, "Robert Bruce Graham" <firstname.lastname@example.org>, "Robert F. Miller" <email@example.com>, "Robin Campaniano" <firstname.lastname@example.org>, "Roy F. Hughes" <email@example.com>, "Samuel P. King" <firstname.lastname@example.org>, "Susan Tius" <STius@rmhawaii.com>, "V K Durham" <email@example.com>, "Valerie U. Katz" <firstname.lastname@example.org>, "William K Slate" <Websitemail@adr.org>, "Jim Terrack" <email@example.com>, "Don Michak" <firstname.lastname@example.org>, "Rocco Sansone" <email@example.com>, "Ted Pettit" <firstname.lastname@example.org>, "Mark Burch" <email@example.com>, "Laura Thielen" <firstname.lastname@example.org>, "Michael Moore" <MMFlint@aol.com>, "John D Zalewski" <email@example.com>, "Robert M. Kohn" <firstname.lastname@example.org>, "Haunani Apoliona" <email@example.com>, "Malia Zimmerman" <Malia@hawaiireporter.com>, "DC Bureau Office of Hawaiian Affairs" <firstname.lastname@example.org>, "CPCU Society Hawaii Chapter" <email@example.com>, "Hawaii Independent Insurance Agents Assoc." <firstname.lastname@example.org>, "Hawaii Insurance Bureau Inc" <email@example.com>, "Hawaii Insurers Council" <firstname.lastname@example.org>, "Manuel Valenzuela" <email@example.com>... more
Dear Mr. Farmer, Mr. Guttman, Ms. Muranaka & All Concerned:
Due to the discovery of NEW FACTS, I am adding the subject Exhibit which you will find on-line at:
As Judge David Ezra's Order constitutes a PRIOR RESTRAINT of freedom of speech, I regret that I must continue to submit each of these new and updated exhibits and witness descriptions for your review and approval in the event they may contain any prohibited "Protected Subject Matter". If you would like to avoid this approval process, then I would again suggest that we attempt a good-faith settlement of this case through confidential negotiation or mediation.
Your prompt reply will be appreciated.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
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NEW DISCOVERY (07-29-08): Judge David Ezra’s undisclosed conflicts of interests with Kamehameha Schools/Bishop Estate, etc., through his serving as the judge in D.C. No. CV-94-000858-DAE - KONA ENTERPRISES, INC. et al, Plaintiff vs. ESTATE OF BERNICE PAUAHI BISHOP, by and through its trustees, Henry H. Peters, Myron B. Thompson, Oswald K.Stender, Richard S.H. Wong, and Lokelani Lindsey; MATSUO TAKABUKI; WILLIAM S. RICHARDSON, individually; MYRON B. THOMPSON, individually; HENRY H. PETERS, individually; HANFORD’S INC.; NATIONWIDE ENTERPRISES, INC.; MONTROSE NATIONWIDE LIMITED PARTNERSHIP; SNAP PRODUCTS, INC.; HANFORD’S CREATIONS, INC., and JOHN DOES 1-10, Defendants:
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NEW DISCOVERY (07-10-08): Undisclosed professional and financial conflicts of interest of Trustee David C. Farmer with Cerberus International; Kamehameha Schools; Goldman Sachs; Blackstone Group; David Banmiller, Judge Robert Faris, Judge David Ezra, etc., through his legal representation of Aloha Airlines:
December 4, 2005
Quiet firm rules Waikiki gems
By Rick Daysog, Advertiser Staff Writer
Few people in Hawai'i have ever heard of Cerberus Capital Management LP, yet in the past year, the New York-based hedge fund has become a top hotel owner in the state and major lender to the state's No. 2 airline.
Cerberus took control of Waikiki's crown jewels — the Sheraton Waikiki, the Royal Hawaiian and the Sheraton Moana Surfrider — when it bought a 65 percent interest in the hotels' owner, Japan-based Kokusai Kogyo KK, for $2.4 billion in November 2004.
Cerberus is now acquiring a 30-percent interest in Japan-based Seibu Holdings Inc., which owns the Hawaii Prince Hotel Waikiki, the Hapuna Beach Prince Hotel, the Maui Prince and the Mauna Kea Beach Hotel.
"These properties are worth billions of dollars, making them (Cerberus) one of the biggest hotel owners in Hawai'i," said Mike Hamasu, director of consulting and research at Colliers Monroe Friedlander Inc.
The company also played a pivotal role in Aloha Airlines' reorganization. In March, Ableco Finance LLC, Cerberus' lending arm, teamed up with Goldman Sachs Credit Partners LP to provide up to $65 million in financing to help the bankrupt carrier continue operating.
The rapid rise of Cerberus on the Hawai'i business landscape comes amid a resurgence of investment from Mainland companies.
While much of the outside investment in Hawai'i in the 1990s involved businesses that bought cheap, added improvements and sold three to five years later, today's investor is taking a more hands-on management approach and may end up waiting a decade before they see a big payoff.
"They're much more patient, and they're much more willing to take much more complex risk," said Jon Miho, co-founder of local real-estate investor Trinity Investment LLC, whose affiliate is purchasing the Kahala Mandarin Oriental Hawaii hotel.
Cerberus, a major global player with over $16 billion invested worldwide, declined to comment on its Hawai'i strategy for this story. Local executives who have dealt with the company say its record in the state is mixed.
Managers of the Sheraton chain say that Cerberus is committed to improving its Hawai'i properties, while representatives of Aloha Airlines paint a picture of a demanding lender keeping a close eye on all operations.
Keith Vieira, senior vice president and director of Hawai'i operations for Starwood Hotels & Resorts, which manages the five Sheraton hotels controlled by Cerberus, said Starwood had preliminary discussions with Cerberus about renovating its local properties.
He noted that Kamehameha Schools' $84 million facelift of the nearby Royal Hawaiian Shopping Center has prompted Starwood and Cerberus to consider upgrading the properties.
"We think they're going to be a good owner of our hotels in Hawai'i," Vieira said.
David McNeil, a spokesman for Prince Hotels, said the chain's Japan-based owners haven't planned any changes at this time.
Unlike the mid-1990s "vulture" investors like Colony Capital and the Blackstone Group that bought distressed Hawai'i real estate for as little as 25 cents on the dollar, Cerberus is paying nearly the full value of the properties.
"They're not buying on a huge discounted basis; they're buying on value," said Joseph Toy, president of the local consulting firm Hospitality Advisors LLC.
With Aloha Airlines, Cerberus has been much more hands-on.
In July, Ableco, Cerberus' lending arm, abruptly increased the interest rate on its multimillion-dollar loan to Aloha from 11.25 percent to 14.25 percent, Aloha said in Bankruptcy Court documents.
The following month, Ableco stopped lending money to Aloha until management agreed to hire a chief restructuring officer and reach an agreement to sell the airline. Aloha attorney Charles Dyke stated during a Bankruptcy Court hearing in October that Ableco and Goldman Sachs would consider liquidating Aloha if a deal to sell it fell through.
Aloha, which is being sold to a group headed by California billionaire Ron Burkle and former football star Willie Gault, won approval from Bankruptcy Court last week for its reorganization plan. Aloha could emerge from bankruptcy as soon as Dec. 15.
In a recent Bankruptcy Court filing, Jeffrey Kessler, Aloha's interim chief financial officer, described the pressure Cerberus put on the airline.
"For several days, funds were withheld as the lenders made daily sweeps of cash revenues from (Aloha's) accounts while refusing to re-advance the monies so swept," Kessler said.
"The lenders began demanding, as a condition to each daily advance under the loan, a daily 'deal report' detailing the company's progress in obtaining a transaction sufficient to repay the loan," Kessler added. "They further informed the company that financing would be cut off by Oct. 15, 2005, if a signed letter of intent from an investor were not secured by then."
Cerberus has been involved in a controversy in Japan over its planned investment in the parent of the Prince Hotels.
Cerberus' investment in financially troubled Seibu, one of Japan's largest real-estate firms and owner of the Seibu Railway, has led to legal action by the sons of the company's founder, Yasujiro Tsutsumi.
The brothers, Yuji and Seiji Tsutsumi, recently lost an appeal to Tokyo's high court to essentially block Cerberus' investment and Seibu's restructuring plan. The two brothers recently filed suit in Hawai'i Circuit Court, seeking to be recognized as the rightful owners of the Prince Hotels in Hawai'i.
Founded in 1992 by Stephen Feinberg, a former Drexel Burnham Lambert manager, Cerberus began as a vulture fund specializing in bankrupt and distressed companies. The name, Cerberus, comes from the mythical three-headed dog that guarded the gates of the ancient Greek underworld.
In recent years, the company, whose executives include former Vice President Dan Quayle, has branched out to lending and investing in less-risky companies, says the Wall Street Journal.
The closely held company shies away from publicity, preferring to work in the background. It has no local office or employees based in Hawai'i.
The firm has invested in a broad range of companies, including Mervyn's department stores, building products maker Formica Corp., Italian sportswear maker Fila and DaimlerChrysler's former aircraft leasing business, according to BusinessWeek.
In more recent years, the firm has taken huge bets in troubled companies in Japan, where restrictions on foreign ownership have relaxed in recent years.
Before its investment in Kokusai Kogyo, the company paid $850 million for a controlling stake in Aozora Bank Ltd., formerly known as Nippon Credit Bank Ltd. before it was taken over by Japanese regulators in 1998.
Kevin Aucello, senior vice president at CB Richard Ellis Hawaii who worked with Cerberus Japan executives in the mid-1990s, said that Cerberus' combined ownership stake in the local Sheraton and Prince hotels has advantages.
Owning several high-end hotels in Hawai'i means Cerberus can leverage the advertising, marketing and managing efforts. "It's much more efficient to manage a larger portfolio," Aucello said.
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NEW DISCOVERY (06-24-08):
Final Decree entered
Date: Tuesday, June 24, 2008 8:17 PM
From: "Steven Guttman" <firstname.lastname@example.org>
To: "Bobby Harmon" <email@example.com>, "David Farmer" <firstname.lastname@example.org>, "Michael Mukasey" <AskDOJ@usdoj.gov>, "Kevin Chang" <email@example.com>, "Robert Faris" <firstname.lastname@example.org>, "Barry M. Kurren" <email@example.com>, "Carol K. Muranaka" <firstname.lastname@example.org>, "J P Schmidt" <email@example.com>, "Janet Kamerman" <HONOLULU@FBI.GOV>, "Mark Bennett" <firstname.lastname@example.org>, "Hugh Jones" <email@example.com>, "Linda Lingle" <firstname.lastname@example.org>
"Mediation Center of The Pacific" <email@example.com>, "Sheryl Nicholson" <firstname.lastname@example.org>, "Robert Bruce Graham" <email@example.com>, "James Wriston" <firstname.lastname@example.org>, "Andrew Winer" <email@example.com>, "James Cribley" <firstname.lastname@example.org>, "Lawrence Goya" <email@example.com>, "Pension Benefit Guaranty Association" <firstname.lastname@example.org>, "James B Nicholson" <email@example.com>, "Executive Office for U.S. Trustees" <firstname.lastname@example.org>, "Office of Inspector General US Dept of Justice" <email@example.com>, "George Will" <firstname.lastname@example.org>, "Haunani Apoliona" <email@example.com>, "Leroy Colombe" <firstname.lastname@example.org>, "Scott Helman" <email@example.com>, "Bob Nichols" <firstname.lastname@example.org>, "Laura Thielen" <email@example.com>, "Barry Taniguchi" <firstname.lastname@example.org>, "Paul Achitoff" <email@example.com>, "Laurie Bennett" <firstname.lastname@example.org>, "Dave Shapiro" <email@example.com>, "Gail Kim-Moe" <Gkim.firstname.lastname@example.org>, "Marshall Chriswell" <email@example.com>, "Greg Palast" <firstname.lastname@example.org>, "Dee Jay Mailer" <email@example.com>, "Laser Haas" <firstname.lastname@example.org>, "Michael Moore" <email@example.com>, "Texas Observer" <firstname.lastname@example.org>, "Brian W. Bisignani" <email@example.com>, "Aon Insurance Managers" <firstname.lastname@example.org>, "William Burgess" <email@example.com>, "Brian E. Schatz" <firstname.lastname@example.org>, "Patricia Case" <email@example.com>, "Cheryl Nakamura" <CNakamura@rmhawaii.com>, "Bill Yuen" <firstname.lastname@example.org>, "Randall W. Wulff" <email@example.com>, "Karen Spiller" <firstname.lastname@example.org>, "Andrew Killgore" <email@example.com>, "Patrick Leahy" <firstname.lastname@example.org>, "Pamela A. McCullough" <HONOLULU@FBI.GOV>, "James Duke Aiona" <email@example.com>, "Ken Conklin" <firstname.lastname@example.org>, "William H. Donaldson" <email@example.com>, "Ian Lind" <firstname.lastname@example.org>, "Jim Terrack" <email@example.com>, "Andrew Walden" <firstname.lastname@example.org>, "All Senators" <sens@Capitol.hawaii.gov>, "All Representatives" <reps@Capitol.hawaii.gov>, "Thomas Fitton" <email@example.com>, "Stew Webb" <firstname.lastname@example.org>, "Judson Witham" <email@example.com>, "J C Shannon" <Hapa1234@aol.com>, "Jeff Biener" <firstname.lastname@example.org>, "V K Durham" <email@example.com>, "Richard Grove" <Richard@8thEstate.com>, "Bradley Tamm" <firstname.lastname@example.org>, "Susan Tius" <STius@rmhawaii.com>, "Paul Alston" <email@example.com>, "John Goemans" <firstname.lastname@example.org>, "William K Slate" <Websitemail@adr.org>, "Lissa Andrews" <email@example.com>, "John D. Finnegan" <firstname.lastname@example.org>, "Terry Mullen" <email@example.com>, "Margery Bronster" <firstname.lastname@example.org>, "Michael N. Tanoue" <email@example.com>, "Neil Ambercrombie" <Neil.Abercrombie@mail.house.gov>, "Lyn Flanigan Anzai" <firstname.lastname@example.org>, "Lorraine Inouye" <seninouye@Capitol.hawaii.gov>, "Samuel P. King" <email@example.com>, "Arthur Rath" <firstname.lastname@example.org>, "Randall Roth" <email@example.com>, "Rick Daysog" <firstname.lastname@example.org>, "Jim Dooley" <email@example.com>, "Robin Campaniano" <firstname.lastname@example.org>, "Blossom Tong" <email@example.com>, "Sammye Richardson" <firstname.lastname@example.org>, "Daniel Hopsicker" <email@example.com>, "Richard L Righter" <firstname.lastname@example.org>, "Dirk Kempthorne" <email@example.com>, "Jeffrey Sia" <Jeff.Sia@excite.com>, "Jim Babka" <firstname.lastname@example.org>, "Truth" <email@example.com>, "J. C. Jones" <JCJJONES@aol.com>, "Dane Field" <firstname.lastname@example.org>, "Jeffrey Watanabe" <email@example.com>
Message contains attachments
LT var 6-24-08.pdf (112KB)
Please see attachment
Kessner Umebayashi Bain & Matsunaga
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NEW DISCOVERY - 06/14/08: DAVID FARMER’S UNDISCLOSED RELATIONSHIPS WITH THE DIAMOND HEAD THEATRE, JAMES MacARTHUR, THE MacARTHUR FOUNDATION, GOLDMAN SACHS, ROBERT RUBIN, BILL CLINTON, HENRY PAULSON, THE NATURE CONSERVANCY, FAYE KURREN, HAUNANI APOLIONA, KAMEHAMEHA SCHOOLS, WALLY CHIN, HENRY PETERS, BISHOP MUSEUM, ADELE SMITH SIMMONS, BRAD HEPPNER, MARSH & McLENNAN, JAMES WRISTON, JUNE JONES, JOE MOORE, JAMES NICHOLSON, RON REWALD, JUDGE REY GRAULTY, ETC....:
~ ~ ~
U.S. 9th Circuit Court of Appeals
TRUSTEE v HAYES
IN RE: BISHOP, BALDWIN, REWALD,
Hawaii corporation, Debtor. No. 95-16119
OFFICE OF THE U.S. TRUSTEE, 83-00381-MP
IN RE: BISHOP, BALDWIN, REWALD, DILLINGHAM & WONG, INC.,
OFFICE OF THE U.S. TRUSTEE, Appellant
Chapter 7 Trustee; HONOLULU PROFESSIONAL
SERVICES; BANKRUPTCY TRUSTEE,
Appeals from the United States District Court for the District of Hawaii Martin Pence, District Judge, Presiding
Argued and Submitted November 4, 1996--Honolulu, Hawaii
Filed January 13, 1997
Before: J. Clifford Wallace, Mary M. Schroeder, and Arthur A. Alarcon, Circuit Judges.
Per Curiam Opinion
James F. Evers, Wagner, Watson & Pettit, Honolulu, Hawaii, for appellees Graulty, as trustee, and Wagner, Watson & Pettit.
Stanley E. Levin, Davis & Levin, Honolulu, Hawaii, for appellee Graulty, individually.
The United States Trustee (U.S. Trustee) appeals from the district court's order overruling the objection to Reynaldo Graulty's final report as trustee for the Bishop Estate (Estate). The district court had jurisdiction under 28 U.S.C.S 157(d). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. S 1291, and we vacate the district court's order and remand this case for 56 days for clarification.
During 1990-1992, Graulty was trustee for the Estate. Mary Louise Scheulin, as an employee of the Estate, oversaw its day-to-day operations during that time and incurred both salary and rent expenses. Scheulin was hired by the Estate's administrative controller, Thomas Hayes, whom Graulty hired with the district court's approval. Over the U.S. Trustee's objection, the district court, on May 26, 1995, approved Graulty's final report for the Estate. In that report, the Estate, and not Graulty, was responsible for Scheulin's expenses. The U.S. Trustee again objected that the workload of the Estate did not justify Scheulin's employment, and argued that someone else -- presumably Graulty -- should be responsible for Scheulin's expenses. The district court once more overruled the U.S. Trustee's objection on July 14, 1995 ....
Since we remand the case solely due to the failure of Graulty to prepare the final report adequately and due to omissions in the draft order he presented to the court, the district court shall not require the Estate to compensate Graulty for any work arising from this remand.
VACATED AND REMANDED.
~ ~ ~
"Deliberate Indifference" - State Liable for Damages
Children Not Receiving FAPE - State DOE Did Nothing
In a decision which defines for Felix class members the circumstances under which the state is liable for damages, U. S. District Court Chief Judge David Ezra ruled that the State of Hawaii is liable to a 19 year old disabled student from Molokai, for conduct labeled as "deliberate indifference." Suit was brought by the student under the Rehabilitation Act of 1973, which act forbids the State of Hawaii from discriminating in the provision of education to disabled children.
"In the suit, the family alleged that Molokai's crisis of personnel shortages in special education teachers, speech therapists and educational aides had caused Aaron L. to be denied an appropriate education. The court agreed.
Judge Ezra found that the severe personnel shortages on Molokai were known by Molokai High school, the Maui District Office, and State of Hawaii officials. The court stated that the state's repeated failure to adequately fund special education was no excuse to fail to meet the federal education standards. It further stated that it was clear that "special education children on Molokai, including Aaron L., were not receiving the necessary services to provide them with [a free and appropriate public education] to which they were entitled" In spite of this awareness, the DOE did nothing. This amounts to deliberate indifference.
This ruling means that the sole issue at trial, which is presently scheduled for September 2001, will be the amount of damages that should be paid by the state to the plaintiff family. When told of Judge Ezra's ruling, Mrs. L., Aaron's mother, said the decision helps the family deal with the DOE's conscious neglect of Aaron's needs.
She went on to say that this was "a victory for all Felix children on Molokai."
In his decision, Judge Ezra noted the history of the State of Hawaii in inadequately funding special education in Hawaii. He concluded by stating:
"state defendants cannot excuse a knowing failure to provide these services because of a lack of funds commitment from the state legislature. In sum, deliberate indifference by the state government cannot provide an excuse for another arm of state government, the DOE, from meeting its knowing legal obligation to special needs children."
Stanley E. Levin, attorney for Aaron L. and his parents, added, "after years of frustration and no services by the state, this ruling is only the first step toward recovery."
DAVIS LEVIN LIVINGSTON GRANDE
~ ~ ~
NEW DISCOVERY (06-01-08):
Christian Filipino Victims Foundation
Whether from government or private "masters", if you are a victim you have come to the right place for relief (refer to schedule).
Richard Basuel presents the Bishop Estate scandal which he and many others are victims of.
BRING US YOUR SCANDALS: TOGETHER WE CAN STOP THE ABUSES AND CURE THE PROBLEMS. ONE WITH GOD IS A MAJORITY!
The friends of Christian Filipino Victims Foundation, led by Chairman Richard Basuel, ask you to elect former Bishop Estate Trustee Lokelani Lindsey as Mayor of Honolulu. Both are political prisoners.
Vote for Lokelani Lindsey for Mayor of Honolulu
After years of preparing for her leadership whistleblowers role, Lokelani bravely exposed Hawaii’s biggest scandal, which was the real reason she was put in jail. Richard Basuel has been and is being prosecuted as a scapegoat for Hawaiian sovereignty issue even though he is neither Hawaiian nor a Hawaiian sovereignist, and as a way to intimidate the Filipino vote in Hawaii, i.e. Honolulu Star-Bulletin, April 19, 2001, published that Richard Basuel and associates were, “claiming Hawaii as a foreign country”. ( http://starbulletin.com/2001/04/19/news/briefs.html )
Contrary to certain allegations, the Filipino Victims Foundation is a Christian based group who promotes agreeing with the government, especially on tax issues. Jesus said to pay taxes, Matthew 22:18-20. Lokelani Lindsey and Richard Basuel are two Hawaii citizens prosecuted for agreeing with the government. The Affidavit of Richard Basuel, filed February 27, 2004 in the Hawaii Bureau of Conveyances as Document No. 2004-040689, states,
AFFIDAVIT OF RICHARD BASUEL
CITY AND COUNTY OF HONOLULU )
I, RICHARD BASUEL, am competent to testify herein, have personal knowledge of the herein, and hereby testify and aver that the following is true to the best of my knowledge,
1. Available on the internet is the following document attached hereto as Exhibit “A” Scandal 1 Appearance With Assistance Of Counsel And Request For Recusal Of Judge David A. Ezra; Declaration Of Lokelani Lindsey; Exhibits “1" - “4"; Affidavit Of Lokelani Lindsey; Certificate Of Service (“Lindsey Document”). The last page of this Lindsey Document was filed October 2, 2003 in USA v. Lokelani Lindsey, Cr. S-010318 (DAE RJ) and Cr. S-00-00482 HG, U.S. District Court for the District of Nevada. However, on October 16, 2003 this Lindsey Document was sent by fax transmission from David Alan Ezra to the U.S. District Court for the District of Nevada, which filed it on October 17, 2003, the next day.
2. Exhibit “B” hereto is a reprint of the October 4, 2003 Star-Bulletin article, describing the Lindsey Document. Apparently Judge Ezra jailed Ms. Lindsey primarily on the basis of the Lindsey Document, which he refused to consider as filed even though Ms. Lindsey filed it prior to the hearing which jailed her. The Lindsey Document was filed AFTER the ten day motion for reconsideration and other deadline(s) that would have allowed Ms. Lindsey to stay out of jail at least until her properly filed, but ignored, motions were given a fair hearing. Probably to this day, nether Ms. Lindsey nor her attorney do not know her motions were docketed and should have been given a fair hearing based on being docketed (however improperly.
3. My circumstances are like those of Ms. Lindsey addressed in the Lindsey Document in that are both victims of abuse. For example, in my circumstances I was accused in the newspapers of promoting Hawaiian sovereignty even though there is nothing in writing that shows this. Obviously, I have been and am being persecuted as a Hawaiian sovereignty promoter as a warning to Hawaiian sovereignty supporters, but without risking an organized backlash from actual members of the Hawaiian sovereignty movement.
The Foreign Intelligence Surveillance Act Court is responsible for abuses against Hawaii citizens, including Hawaiians and Filipinos targeted to scare Hawaiians, such as Richard Basuel.
See also: http://fas.org/irp/agency/doj/fisa/
The "Exhibit A" referred to on that webpage is the 35-page pdf file containing bizarre legal documents and opinions by Lokelani Lindsey. That 35-page document can be downloaded directly from Richard Basuel's webpage by clicking on the following URL:
OR, in case that link goes dead or that webpage is taken down, the 35-page document can also be downloaded by clicking here:
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NEW DISCOVERY (05-31-08):
May 31, 2008
Aloha puts Mesa lawsuit up for auction
Legal claims against Mesa another asset
By Rick Daysog, Advertiser Staff Writer
For sale: Aloha Airlines' lawsuit against go! airlines.
The trustee for bankrupt Aloha Airlines said yesterday that he will auction off Aloha's potentially lucrative legal claims against the owner of go!, Mesa Air Group Inc.
In April, Mesa agreed to pay $52.5 million to settle a similar suit by Hawaiian Airlines, which alleged that Mesa misused confidential information to launch go! airline.
"A lawsuit is no different than a propeller," said James Wagner, attorney for Aloha's bankruptcy trustee Dane Field. "It's an asset and we're going to sell it."
Aloha, once the state's second largest airline, shut down its passenger service on March 31 and terminated 1,900 workers, in the largest mass layoff the state has ever seen.
The shutdown came 11 days after Aloha filed for bankruptcy for the second time in less than 3 1/2 years.
Aloha sued Mesa in federal court in January 2007, alleging that the Phoenix-based company misused confidential information to drive it out of business. The trial is scheduled for October.
The rights to the Aloha lawsuit will become one more asset to be sold to pay off Aloha's creditors. Wagner said he has "no concept" of what Aloha's legal claims would sell for.
Asset sales so far have included the $10.5 million sale of Aloha Cargo to Seattle-based Saltchuk Resources Inc. and the $2.05 million sale of Aloha's contract services division to Los Angeles-based Pacific Air Cargo.
Wagner said potential bidders for the lawsuit include Aloha's former financial backer, Yucaipa Co. Yucaipa, which is headed by California billionaire Ron Burkle, rescued Aloha during its first bankruptcy and is owed more than $100 million by the defunct carrier.
In court filings, Wagner said Yucaipa has agreed to use a portion of any recovery to create a hardship fund for laid-off employees.
GMAC Commercial Finance, Aloha's chief lender, also agreed to set aside 5 percent of any proceeds it receives from the sale of Aloha's assets to pay the airline's unsecured creditors.
Mesa also could bid on the rights to the suit, in what would result in a settlement of the lawsuit, Wagner said.
Wagner said potential bidders would have to front what could amount to several million dollars in legal bills to bring the case to trial. He noted that Aloha's expert witnesses alone have asked for a $250,000 retainer.
"It's very expensive litigation," Wagner said.
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May 31, 2008
Aloha lawsuit for sale
By Dave Segal, Honolulu Star-Bulletin
Aloha Airlines, which has been on a fast track to liquidate its assets since filing for bankruptcy in mid-March, said in federal District Court yesterday that it plans to sell the legal claim in its 2006 lawsuit against go! parent Mesa Air Group Inc. to the highest bidder.
"A lawsuit is no different than a propeller," said James Wagner, an attorney for Aloha Chapter 7 trustee Dane Field. "It's an asset and we're going to sell it."
He said a motion would be filed Monday or Tuesday and an auction likely would be held the following week.
Wagner said the likeliest bidder would be Yucaipa Cos. LLC, which is Aloha's majority shareholder and second secured creditor behind Aloha's primary lender, GMAC Commercial Finance LLC. Wagner said Mesa also could be a possible bidder.
"As you can imagine, there's probably very few bidders for this asset," Wagner said.
A winning bid by Yucaipa, which is owed $106.7 million, would allow it to control the lawsuit, while a bid by Mesa would be, in essence, an out-of-court settlement. Aloha is suing Mesa for alleged predatory pricing that helped force Aloha out of business, as well as for allegedly misusing confidential information obtained during Aloha's first bankruptcy.
Last month, Mesa settled a suit with Hawaiian for $52.5 million over the misuse of confidential information.
However, Mesa General Counsel Brian Gillman said yesterday that "we haven't even considered bidding" on the Aloha lawsuit.
"We believe the case is without merit and we intend to vigorously defend the case in any proceeding," he said.
Wagner said that unless Mesa decides to settle, Wagner said Yucaipa likely would be the winning bidder. In that case, Aloha creditors would have to wait until the end of the lawsuit to share in any possible recovery.
GMAC, which initially was owed about $49 million, still is due about $34 million following the sales of Aloha's aviation contract services and cargo divisions. If there is additional money left after GMAC is made whole, then Yucaipa would be next in line for up to the $106.7 million it is owed.
Both GMAC and Yucaipa have said they would give 5 percent of any recovery to Aloha.
Federal Judge David Ezra chastised both parties' attorneys yesterday for letting the case sit for two years with very little action. He said he wouldn't allow the case to sit around as "a bargaining chip."
"We're going to be on the fast track in this case and it's not going to be decided two years from today," Ezra said. "This is a case of some importance to the community, and it's also important to the Mesa shareholders."
The trial is scheduled for Oct. 28.
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NEW DISCOVERY (05-02-08): Judge David Ezra’s undisclosed conflicting relationships with members of the Hawaii Judiciary Selection Commission:
April 20, 2000
Trust played role in effort
to fund Ige campaign
Campaign laws could have
By Rick Daysog, Star-Bulletin
Records subpoenaed by the attorney general's office show that the $6 billion charitable trust played a role in the 1994 campaign contributions to Ige from attorneys C. Michael Heihre and Cheryl Nakamura and the law firms of Ashford & Wriston, Dwyer Imanaka Schraff Kudo Meyer & Kudo and Ching Yuen & Morikawa.
The documents -- discovered last year in the office of former trust manager Namlyn Snow -- include binders containing detailed logs of the attorneys' contributions to the Ige campaign, as well as photocopies of canceled checks to pay for the contributions.
Each attorney or firm contributed $250, for a total of $1,250. All of the checks were received by the Ige campaign on Aug. 17, 1994, and were deposited together in the campaign's bank account on the following day, suggesting that the contributions were bundled by Bishop Estate representatives.
Trust attorneys familiar with the documents said it was clear that Snow, who died last year, had a part in obtaining the donations.
On Monday, the Star-Bulletin reported that an investigation by the attorney general's office had found that the estate engaged in a massive attempt to influence legislation and direct tens of thousands of dollars to isle politicians during the tenure of previous board members Richard "Dickie" Wong, Henry Peters, Lokelani Lindsey, Gerard Jervis and Oswald Stender.
The findings of the attorney general's inquiry, along with documents relating to the law firms' contributions to the Ige campaign, were turned over to the state Campaign Spending Commission last week, which has opened a separate investigation of the trust.
Bob Watada, executive director of the state Campaign Spending Commission, also declined to discuss the law firms' contributions to Ige. But speaking generally, Watada said bundling of contributions could be seen as a campaign contribution made under a false name, which is illegal.
Federal law also bars tax-exempt trusts from making campaign contributions or taking part in a political election. Violations could lead to the loss of a charity's tax-exempt status.
The latest disclosure comes as Ige is facing misdemeanor charges for alleged campaign finance abuses. The charges stem from an alleged campaign laundering scheme involving Bishop Estate's architecture and engineering firms. Ige has pleaded not guilty, and a trial is scheduled for next month.
Birney Bervar, Ige's attorney, declined comment on the latest development involving his client's campaign finances.
Attorneys with the Ashford & Wriston and Dwyer Imanaka firms had no response, while Bill Yuen of the Ching Yuen firm said he could not recall the circumstances of the contributions.
Nakamura, who does civil litigation work for the trust at the law firm of Rush Moore Craven Sutton Morry & Beh, said she remembers purchasing the fund-raiser tickets and attending the event with her parents. Nakamura, who lives in Ige's district, added that she may have purchased the tickets with the assistance of Bishop Estate personnel.
Heihre, formerly known as C. Michael Hare, said his donation to Ige was a personal contribution on his own checking account. But Heihre, a partner in the Cades Schutte Fleming & Wright firm and former chairman of the state Judicial Selection Commission, said he could not recall if he discussed his contribution to Ige with Kamehameha Schools personnel.
Each of the law firms that contributed to the Ige campaign has billed the trust tens of thousands of dollars each year for legal work. Last year, the estate paid the Cades Schutte firm about $1.8 million.
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March 3, 2004
Lingle gets recommendations for two judgeships
Pacific Business News (Honolulu)
Gov. Linda Lingle has released two lists provided to her by the Judicial Selection Commission from which she will make one appointment to the Circuit Court of the First Circuit to fill the vacancy created by the Dec. 31 retirement of Dan Kochi.
The other appointment will be to fill a vacancy created by the addition of a seventh associate judge to the Intermediate Court of Appeals, the governor's office said Wednesday.
"In her continuing effort to maintain openness in her administration, Gov. Lingle has again elected to make the lists available prior to making the appointments," the governor's office said in a statement.
Nominees to fill a vacancy in the Circuit Court of the First Circuit:
Nominees to fill the vacancy of Associate Judge, Intermediate Court of Appeals:
The commission does not rank the candidates. Lingle has 30 days from receipt of the lists to make her selections. The governor's office invited public comment to Governor.Lingle@hawaii.gov or by fax to (808) 586-0006, by March 19.
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Board Minutes December 2007
1132 Bishop Street, Suite 906
Thursday, December 20, 2007, 11:30 a.m.
CALL TO ORDER
President Jeffrey Portnoy called the meeting to order at 11:40 a.m. with a quorum present. The following persons were present for all or part of the meeting:
Hugh Jones (by phone)
Roxann Bulman (by phone)
Jackie Erickson (by phone)
Steven Songstad (by phone)
Trudy Burns Stone
Jodi Kimura Yi
Board Members Absent
Rai Saint Chu
Ralph La Fountaine
- - -
... e. Judicial Selection Commission – JSC Chair Rosemary Fazio and JSC members Philip Hellreich, Susan Ichinose, Shelton Jim On, and Ralph La Fountaine were present to describe the JSC procedures. Ms. Fazio shared JSC concerns over HSBA’s involvement in the judicial selection process. She referred to an earlier report by the American Judicature Society which stated that it would be more helpful if HSBA gathered comments on the list of judicial candidates which are presented to the appointing authority by the JSC, an issue which has already been addressed by the HSBA Board. Ms. Ichinose stated that JSC is doing more now in the way of trying to get more applicants, visiting neighbor islands to discuss the judicial selection process, working on an electronic application form, etc. President Portnoy welcomed the HSBA-elected representatives on the JSC to come to board meetings more often and report on its activities. ...
EXECUTIVE DIRECTOR’S REPORT – Ms. Flanigan encouraged board members to refer to the HSBA website for all of its activities and even links to the Judiciary’s opinions/calendar. She reported that in 2007, fifty CLE programs were presented and 101 CLE hours offered. She also commented that there were many questions and much confusion on the registration forms, especially question 5 regarding pro bono reporting and question 6 regarding professional liability insurance reporting....
b. Board Procedures on Judicial Appointments – Board members who agreed to review the current board procedures on judicial/executive appointments and present recommendations to improve upon those procedures have met once and will continue to work on proposed amendments to the board procedures.
c. Proposed Amendment to Hawaii Rules of Professional Conduct Rule 7.2 (see agenda item 6.c. and Exhibit C) - Ms. Flanigan reported HSBA is awaiting specific language changes from the Disciplinary Board on this proposed rule that would allow a percentage fee assessment for not-for-profit lawyer referral services....
7. NEW BUSINESS
a. Access to Justice Report (see agenda item 7.a. and Exhibits D and E) - Delivery of Legal Services to the Public Committee Co-chair Mike Gibson presented the proposed resolution of the Access to Justice Hui and asked for HSBA’s support. He noted that results of the legal needs assessment conducted by the Hui indicate that 80% of the legal needs of the poor in Hawaii are unmet.
Action taken: After some discussion, a motion was made, seconded, and carried without opposition to support the proposed resolution of the Access to Justice Report. Ms. Flanigan commented that this is a major commitment of the Board, strategic plan, and staff....
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From the Broken Trust essay:
... Since 1987, the year in which the trustees were forced to make public the amount of their fees, they have received in excess of $40 million. Fees paid over the past three years have averaged $900,000 per trustee, per year.
The distracting thing about this piece of the mosaic is that people made responsible for preserving $5 to $10 billion of wealth, and carrying out an educational mission that is as important as it is unique, arguably ought to be highly paid.
We think the more important issue is the credentials of the specific individuals who are being paid these large sums of money. Given the estate's ability to pay big-league compensation, one would expect to find an array of phenomenally talented trustees. Yet somehow, with the exception of Oswald Stender, the Bishop Estate trustees simply don't measure up to the job.
Many people are under the impression that the justices of Hawaii's Supreme Court are legally obligated to select Bishop Estate trustees because that's what the princess put into her will. Not so. Clearly, they don't have to do it. The justices acknowledged as much in 1989 when they refused the request of a woman named Sadie Smith to pick the trustees of her charitable trust.
Acknowledging the obvious impropriety of making trustee selections in their official capacity, the justices tell us they are acting as individuals when they select Bishop Estate trustees. This is a distinction without meaning. To be blunt, it's a dodge.
The reality is that Bishop Estate trustees are selected by five individuals who through no coincidence are also justices of the state Supreme Court. The further reality is that these same five individuals are virtually certain to be called upon to decide cases involving the trustees they select (the estate has been before the Supreme Court at least 18 times in the last 13 years). At a minimum, this creates the appearance of a conflict.
Some people wonder why the justices would stretch logic and judicial ethics to the breaking point just to do something they clearly don't have to do, and then do it poorly.
Can we be blamed for questioning the justices' collective judgment in other areas? After all, if the justices exercise questionable judgment in their individual capacity when selecting trustees, why shouldn't we expect equally questionable decisions in their official capacity? Worse, if selection of trustees is influenced by politics (as we believe it is), why shouldn't the public assume that judicial decisions are equally political?
It is imperative that the Supreme Court enjoy the trust and respect of the entire community. According to Democratic Rep. Ed Case, "The Supreme Court's trustee appointment role has the real potential of undermining and perverting our judicial system, starting with the judicial selection process. Getting out of the Bishop Estate trustee selection business is the single biggest thing the court could do to enhance the court's standing with the public." We agree.
Because that's what the will says
More than 100 years have passed since Mrs. Bishop's death, and if she were here today, she unquestionably would decide some things differently. For example, the princess named five men, who happened to be haole, as the initial trustees of her trust. Does that mean she wanted all future trustees to be of that same make up? Of course not.
In fact, the justices and trustees have themselves occasionally ignored the language of the will -- perhaps with good cause. For example, the will says the schools should be primarily vocational, and only secondarily college preparatory. That's changed. The will also specifically expresses a desire that the schools benefit orphans and others in indigent circumstances, and makes no mention of admissions based on academic ability. Again, the will's instructions have been modified to deal with the demands of the time.
The will specifically provides that the trustees must be "persons of the Protestant religion," and no court case has said that such a requirement is invalid. Yet the current justices of Hawaii's Supreme Court, acting as individuals and not as a court, have indicated that they will ignore the will in this respect when selecting new trustees.
Taking refuge in the literal words of the will is more of an excuse than a reason.
Judicial Selection Commission
To understand why each member of the court would insist upon doing something that we consider unethical, it helps to consider the circumstances of their own selection.
The Judicial Selection Commission is an attempt to take politics out of the selection of judges and justices. A "reform" idea out of the 1978 Constitutional Convention, the commission is a bipartisan group that reviews potential applicants and submits a list to the governor for selection. Previously, the governor alone nominated judges.
One of the most powerful duties of the commission is to decide -- by itself -- whether any judge, or justice, will be retained for another term of 10 years.
We believe that most of the people who served on the commission over the years have been public spirited, well intentioned and capable. But no process, no matter how well designed, will work properly when individuals are determined to manipulate it. For instance, we believe that during the period John Waihee was governor it was common for him to confer ahead of time with several commission members who then would strive to get a predetermined name on each list.
In the words of someone who served on the commission during those years, "If a few members decided ahead of time to do their best to get a particular name on a list, they probably were able to do that. No one is so naive as to think there isn't a certain amount of horse trading going on."
According to a prominent Democratic politician, "The commission always seemed to have at least a few people whose first and foremost allegiance was to Governor Waihee. With people like Warren Price, Tom Enomoto, Michael Hare and Gerry Jervis on the commission, it was easy to get one particular name on a list. The thing, though, is that it already had been determined who was going to get the appointment."
This was the era when the commission put 36-year-old Sharon Himeno on a list for the Supreme Court, from which she was selected by Governor Waihee. It bothered some people that Himeno was Attorney General Warren Price's wife and that she wasn't considered an exceptional lawyer.
But the bigger concern for many was an allegation of a serious ethical lapse in connection with a family corporation's apparent $3 million profit on a back-to-back purchase/sale of a mainland golf course involving Himeno's client, the state Employees' Retirement System. Her nomination to the state's highest court seemed to be based on the fact that she and Price had directed their good friend John Waihee's gubernatorial campaign.
When Judge Walter Heen was interviewed as an applicant for the Hawaii Supreme Court, he was asked by Hare "what kind of person" he might select as Bishop Estate trustee, if he ever had the opportunity to do so. According to David Fairbanks, a current member of the commission, such a question, if asked, would have been "totally improper."
That this question was asked of a candidate for the Supreme Court, by a member of the Judicial Selection Commission, illustrates how the trustee-selection power of justices played a significant role (with respect to some members of the commission) in the consideration of candidates for the state's highest court.
Hare's law firm has been paid more than $10 million in legal fees by the Bishop Estate since 1992. It's an excellent firm, but we find it hard to believe that's the reason it was selected by the trustees.
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October 20, 1997
‘Most people would run for cover’ from...
The estate employs a host
By Rick Daysog, Star-Bulletin
When it comes to its legal armament, few can match the arsenal that Kamehameha Schools/Bishop Estate can bring to the courtroom.
The $10 billion charitable trust -- the state's largest private landowner -- employs an army of well-connected attorneys that includes a former governor, two former state attorneys general and the former chairman of Hawaii's Republican Party.
The estate's outside legal team also lists House Judiciary Chairman Terrance Tom and Bill McCorriston, a former assistant U.S. attorney who has represented former Mayor Frank Fasi and was on the city Charter Commission.
"With this kind of legal cannon pointed at you, most people would run for cover," said Beadie Dawson, attorney for Na Pua a Ke Ali'i Pauahi, which has criticized trustees' management of Kamehameha Schools.
"They've (hired) every good litigation attorney in town."
The estate maintains that it hires attorneys for their expertise. Waihee and Tom were hired because they are good attorneys and not because of their political ties, the estate said.
McCorriston, who is representing the estate in Attorney General Margery Bronster's investigation of the trust, added that the trust is like any major corporation that hires lawyers to represent its diverse legal interests.
For instance, for leasehold and litigation matters, the estate relies on Mike Hare and the Cades Schutte Fleming & Wright law firm. The Verner Liipfert firm conducts much of its Washington, D.C., lobbying, while McCorriston's firm, McCorriston Miho Miller Mukai, has done mostly land-use work, McCorriston said.
Bishop Estate trustee Gerard Jervis considered joining the McCorriston Miho firm several months ago as an outside counsel. But Jervis said he decided against the move because of his heavy workload with the estate.
Jervis denied any conflict since he didn't join the firm.
Jon Miho, one of the firm's founders and a friend of Jervis', added that if Jervis had joined McCorriston Miho, it would have made it more difficult for the firm to do work for the estate.
Jervis also shares close political ties with Washington, D.C.-based Verner Liipfert through its local partner Waihee. Jervis served on the Judicial Selection Commission during the Waihee years.
Verner Liipfert -- whose mainland offices lists former U.S Treasury Secretary Lloyd Bentsen, former Republican presidential candidate Robert Dole and former Texas Gov. Ann Richards on its roster -- also employs prominent labor-relations attorney and former Hawaii GOP head Jared Jossem and Renton Nip, who served as state Land Use Commission chairman during the Waihee years, in its local office.
To be sure, the legal work for the estate can be lucrative. According to its tax filings, the estate's nonprofit unit paid nearly $4.2 million in legal fees during the year ending June 30, 1996.
More than half, or $2.75 million, went to Cades Schutte, which does the legal work for the estate's leasehold conversions and some of its real-estate litigation.
Waihee's firm, Verner Liipfert, earned $844,245, while the Ching Yuen & Morikawa firm -- whose partners include longtime Waihee friend Bill Yuen -- was paid $580,603.
The estate paid McCorriston Miho $223,079 in legal fees for the fiscal year 1995 and another $235,050 for the 1993 fiscal year.
Randall Roth, University of Hawaii law professor and co-author of a scathing report that helped launch Bronster's investigation of the estate, criticized the large amount of legal fees that the estate pays each year -- especially since it is a nonprofit organization.
While the estate's attorneys are among the top in town, Roth believes that political connections probably play a key role in who gets selected for its legal work.
"This strikes me as an exorbitant amount of money for a charity to be spending on legal fees, especially when it has its own legal department," said Roth. "We can only wonder if the money is well-spent."
And the spending doesn't include legal bills wracked up by Bishop Estate's for-profit subsidiaries.
The estate declined to disclose the amount of legal fees that its for-profit units incur each year. But recent news reports said the estate spent $500,000 to defend an $86.7 million lawsuit that film producer Frederick Field filed in 1995 over soured real-estate investments on the mainland.
An estate subsidiary, Royal Hawaiian Shopping Center Inc., wracked up at least $500,000 in legal bills in the McKenzie Methane Corp. legal battle.
The estate sued the Houston-based natural gas company's founder Mike McKenzie in 1992, alleging that fraud and mismanagement led them to lose some $60 million in the venture.
The company filed for bankruptcy protection in 1994 and was sold to the estate, which now says it has been able to recoup much of its losses in McKenzie Methane.
McKenzie denied the estate's fraud allegations, saying its hardball tactics have made his life a legal nightmare.
He said the estate wrongly accused him of stealing money from Hawaiian children and that the estate's attorneys hired private investigators -- two former FBI agents -- to harass him.
"It's been five years of hell," said McKenzie.
"They've used their money, power and influence to beat the heck out of me."
* * *
For more, see: www.kycbs.net/Dots-Judiciary-Selection-Commission.htm
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Judge David A. Ezra is expected to testify as to the reasons he did not recuse himself from this case due to multiple and material conflicts of interests.
Three basic issues in this case are: 1) IMPARTIALITY; 2) FREEDOM OF SPEECH; and 3) RIGHT TO A TRIAL BY JURY.
An news article in 2006 in “Hawaii’s Most Wanted” had this to say about Judge David Ezra’s views on these issues:
JUDGE DAVID EZRA: IMPARTIALITY IS PARAMOUNT
By Chuck Cordill, HMW, 2006
He’s one of the most well known and visible figures in Hawaii. Turn on the TV or radio, open a local newspaper, and chances are you’ll see his name-- just not in the “Seen around Town” society columns or “People in the News” segment. Outside his office, he tries his best to blend in and go about life with his family; catch a movie, enjoy the evening at a nice restaurant. The nature of his job demands a high level of public anonymity....
As a Chief Judge for the Hawaii District of the U.S. Court’s Ninth District, David Alan Ezra must insulate himself from much of the goings on in the community. He’s careful about what functions he attends, who he meets with, and where he is seen. Anything considered remotely political is strictly off limits. He takes his position seriously and ardently strives for an image of judicial neutrality. Some may deem this social posture as aloof, withdrawn. But to Hawaii’s Chief Federal jurist, it’s necessary.
“Federal Judges may not ever engage in any political activity, may not make any campaign contributions nor attend campaign functions,” said Ezra. “There are a good many social functions that I’m invited to attend but unable to do so because of my position.”
The principle of insulation is essential, says Ezra, to avoid any potential appearance of conflict of interest and to preserve the integrity of the Court. He also says that receiving lifetime appointments as opposed to having to seek election helps maintain that integrity....
“In addition to being Hawaii’s Chief Federal Judge and my position on the Judicial Conference, I am also a member of the Committee on the Administration of the U.S. Bankruptcy System, on which I chair the long-range sub-committee,” said Ezra.
He’s also a member of the governing body of the Judicial Council of the Ninth Circuit, as well as a member of the Executive Committee of the Federal Judges Association. In addition, he sits on the Ninth Circuit Court of Appeals by designation. “Needless to say, I wear a lot of different hats,” he quips.
As a Federal Judge, Ezra is an independent guardian of the U.S. Constitution and bases his decisions upon his interpretation of it. He and the other Hawaii Federal Judges handle cases that deal with U.S. law within the District’s jurisdiction....
As a guardian of the Constitution, Ezra often considers matter of free speech. Ironically, his position dictates that he can’t enjoy some of the very freedoms he defends.
“There are canons of professional ethics that we must and should follow,” said Ezra. “We are under a lot of restrictions about what we can and can’t talk about. One of my most important jobs is to uphold the right of free speech under the First Amendment of the Constitution. But by being a Federal Judge, I’ve largely given up that right to speak out on issues I may be concerned about. That’s the way it has to be.”
“I’m pretty “middle-of-the-road” in terms of my views in respect to the constitution,” said Ezra. “You should not change the Constitution, its meaning, or import simply based on what the social tendencies and tastes of the day are. I’m also cognizant that back when the Constitution was drafted by our founding fathers, I seriously doubt they would have or could have known what our modern life would be about. We presently deal with things like electronic privacy and the Internet, things that the founders couldn’t possibly have contemplated. So, you have to then determine whether the Constitution applies to a case and if so, how? You can’t simply say, “There is no Constitutional right here because it isn’t mentioned in the original text.” You do have to look at the law in view of what is happening today. Having said that, you don’t change or interpret the Constitution to suit your own needs or just on a philosophical whim. The Constitution is a very important document that has only been amended a few times in our history. Judges don’t have the right to amend the document according to their personal likes. But we also need to view it with a mind of what’s going on today.”...
In the most simple of terms, a judge is like a baseball umpire or football referee. They are not on either side, but there to insure the game is played fairly and that the contest is conducted under prescribed guidelines. So where does the Judge stand in the whole dynamic judicial process? The ancient philosopher Socrates said of Judges, “Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly, and to decide impartially.” In theory, the prosecution represents the interests of law enforcement and the public, and the defense represents the constitutional rights of the accused. The judge presides as an unbiased mediator, or as Ezra describes, “An advocate for neither side, but an advocate for the interests of Justice.”
“My job is to be an adjudicator, to make sure there is a level playing field,” said Ezra. “I need to insure both sides have the opportunity to fairly present their case and that the defendant has a presumption of innocence under the Constitution. I also have to insure the government has an ample opportunity to present its case and that the burden of proof lies with the government. If a defendant chooses to represent them self, I have to see that they are afforded a fair opportunity to present their defense. It’s my responsibility that the jury is properly instructed about how to handle a case and that they reach a collective decision that is reflective of an impartial consideration of the facts, without prejudice or bias.”
Ezra’s chief role in the courtroom is to insure the rules are followed and neither side takes unfair advantage of the other. The rules of courtroom litigation dictate what can and cannot be done. As a Federal Judge, Ezra uses three regulatory guidelines-The Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. His job is to make sure every case he hears follow all of these guidelines....
“Quite frankly, I’ve never found it difficult to be impartial,” said Ezra. “I approach that area pretty pragmatically. It’s simply not my job to make that determination. Besides, I’m busy enough up there making sure everyone gets a fair trial; I don’t have time to pick and choose sides. I never have done that and I never will.”
The only exceptions are the rare instances when a defendant waives a jury trial and the judge is called upon to be the “Trier of Fact.” In that case the judge also makes the determination of guilt or innocence. Still, Ezra says this is very rare and the determination best comes from a jury of one’s peers....
“...I have ruled for the Federal Government in a number of cases and I have also ruled against that same government in a number of cases, many of them very important. I decide the cases based on the facts of the law, not on any personal prejudice or opinion, that’s the job people expect me to do.”
Copyright 2006, Hawaii's Most Wanted Magazine
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NEW DISCOVERY (04-22-08): David Farmer’s undisclosed connections with AIPAC and Judge David Ezra:
From Exhibit: “CONNECTING THE DIRTY DOTS TO AIPAC”:
David C. Farmer, Successor-Trustee vs. Harmon
(Formerly Woo vs. Harmon & Nicholson vs. Harmon)
U.S. District Court For the District of Hawaii
A few words of explanation:
In his "MEMORANDUM IN OPPOSITION TO DEBTOR'S MOTION FOR ORDER TO DISAPPROVE APPOINTMENT OF DAVID C. FARMER AS SUCCESSOR TRUSTEE", filed with the Court on August 24, 2007, the Trustee's attorney, Steven Guttman, Esq., of the law firm, Kessner Umebayashi Bain & Matsunaga, stated to the Court:
"... Harmon is once again attempting to create issues of conflict where none exist by attempting to draw connections between phantom dots."...
Mr. Guttman does not elaborate beyond this simple statement of HIS PERSONAL OPINION, as to WHICH of the thousands of connections I have cited that he wishes the Court to accept, without question, as being merely "phantom dots". In other court filings, Mr. Guttman has characterized my Motions as consisting of "conspiracy theories" -- again with no specific references.
Despite these unnamed "phantom dots" and "conspiracy theories", the Court has blithely and unquestionably gone along with Mr. Guttman's opinions and has repeatedly denied ALL Motions that I have made. In fact, both Courts involved have ruled that the Court Clerk shall not accept any future filings from me without the Courts' prior approval - which it has repeatedly declined to give.
Therefore, due to the fact that I continue to discover new, material FACTS almost daily, I am preparing a set of NEW EXHIBITS in which I intend to document the financial, professional, personal, and political connections between the many various entities involved in this case.
~ o ~
The following is a listing of named witnesses in this case who have factual connections with the subject entity. Each underlined name has been linked to a detailed description of that witness to enable the reader to more easily CONNECT THE DOTS TO...
LEARN MORE ABOUT AIPAC:
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NEW DISCOVERY (04-11-08): Trustee James B. Nicholson failed to disclose that he was the court-appointed bankruptcy trustee for Defendant’s witness, Peter Savio, even though he was asked specifically if he had any business, professional, personal or political relationships with Mr. Savio:
Hawaii’s Top 250 Companies:
New To The List: Whoa, Savio!
Hawaiian Island Homes' debut is marked by acrimony
By Kelli Abe Trifonovitch, Hawaii Business Magazine
Any interview that focuses on Peter Savio's new company, Hawaiian Island Homes Ltd., will soon focus on another Top 250 company, Central Pacific Bank. Says Savio: "They're malicious. They're vicious. I am going to become a stockholder in Central Pacific Bank. I am going to reform that institution. Their mistake was they stomped me. They didn't kill me. I'm coming back. I'm going to have fun with them."
Go back to the year 2001. Savio Inc., a holding company for eight real estate sales and development companies, was No. 56 on the Top 250, with $134.6 million in 2000 gross sales. But in 2001, Savio Inc. filed for Chapter 7 liquidation, and Peter Savio and his wife filed for personal bankruptcy protection. Savio says he was forced into the bankruptcies because CPB gave him just five days to move from his second-floor offices at 931 University Ave. Savio says he had been in a workout plan with a number of lenders after he started experiencing cash-flow problems in the mid-1990s. But CPB forced his hand.
"The only way to stop them was, I had to file for personal bankruptcy. So to save my employees and everything else, I filed for personal bankruptcy - one of the most difficult decisions I've ever had to make. But I was really pissed at Central Pacific Bank for doing that," he says.
"It was tough," he adds. "Basically I lost everything. Lost my house. Lost everything. Had to basically come back from nothing."
Today, Savio is more than back. His real estate company, Hawaiian Island Homes Ltd., lists 2002 gross sales of $177 million. Its office is downstairs in the same building that Savio Inc.'s once was. And the company is No. 27, ahead of CPB Inc. (No. 49), something Savio will rejoice to read. Savio says, "I've decided that my goal is to beat them in the Top 250. … just so we can say, 'Nannynannybooboo!'"
That's not all. "My short-term and my long-term goal is to reform Central Pacific Bank," Savio says. "I think I'm going to buy the bank."
Ann Takiguchi, Central Pacific Financial's communications officer, says, "We made every effort to work with Mr. Savio, and it is unfortunate that he is blaming us for his situation. Out of respect for our customers' privacy, we have no further comment. As a matter of bank policy, we don't comment on the affairs of our customers."
Bankruptcy court filings show that Central Pacific Bank claimed that Savio Inc. owed it about $1.5 million when Savio filed for bankruptcy in 2001. The Internal Revenue Service and Pitney Bowes Credit Corp. also listed claims of about $2,000 each.
The court-appointed trustee for Savio Inc.'s bankruptcy case, attorney Jim Nicholson, says the only unencumbered asset of the estate, a unit in the Diamond Head Beach apartment building, was sold for $375,000 in June 2003.
Gross sales for Savio's other new company, Hawaiian Island Development, were not reported for this year's Top 250, so one thing is for sure: Next year, he'll be back. Says Savio: "We're going to set up a new holding company called, 'I Hate CPB.' No, my attorney said I couldn't do that. I have a warped sense of humor, OK? But anyway, the new holding company is going to be Ohia Holdings."
Knowing Savio, there is marked symbolism in that choice. After all, the Ohia tree can be found growing in the middle of old lava flows.
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NEW DISCOVERY (03/18/08) - David Farmer is the Trustee for Mid-Pac Lumber Company; with original bankruptcy judge being Judge Lloyd King; with current judge being Robert Faris; and with a major creditor of Mid-Pac being lessor, Kamehameha Schools/Bishop Estate. In my RICO lawsuit, I explained how many of the lessees of Bishop Estate properties were overcharged for their pro rata share of insurance coverages due to the fraudulent overcharges made by broker, Marsh & McLennan, and by insurance carriers, Chubb Group and XL Insurance Company:
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NEW DISCOVERY (03/10/08):
March 10, 2008
Replacing top judge is Lingle’s jurisdiction
Gov. Lingle will pick the next chief justice unless
By Ken Kobayashi, Star-Bulletin
Gov. Linda Lingle says she wants the next chief justice of the Hawaii Supreme Court to be a hard-working legal scholar who will not legislate from the bench.
Candidates would not be favored if they were prosecutors, "but it wouldn't hurt their chances, either," the Republican governor said in a recent interview with the Star-Bulletin.
Although Attorney General Mark Bennett has been mentioned in legal circles as a top contender, the governor said it is too early to mention any names.
But in explaining the qualities she would like to see in judges, Lingle made clear that she believes they should interpret laws and leave legislation to elected officials.
Her remarks suggest that her appointment of the state's next chief justice could be monumental for the five-member high court. Known for a long tradition of rendering "activist" decisions, the court has been hailed by civil rights advocates but criticized by others as going beyond reviewing and applying the laws.
Lingle's appointment would be the first time that a Republican governor would name a chief justice in more than 40 years. Democratic Gov. John Burns appointed William Richardson in 1966, and Democratic governors appointed the next two: Herman Lum and the current chief justice, Ronald Moon.
The only way Lingle would be prevented from making the appointment is if state lawmakers place on this fall's ballot -- and voters approve -- a proposed constitutional amendment to lift the mandatory retirement for judges who turn 70.
Unless the state Constitution is amended, Moon must retire when he turns 70 on Sept. 4, 2010, about three months before Lingle's term expires.
The state Senate approved a controversial measure last week that raises the mandatory retirement age to 80, and sent the proposal to the state House. But key senators acknowledge that it will be difficult for the amendment to pass because voters rejected a similar proposal in 2006 that eliminated the mandatory retirement provision. Voters rejected the amendment by 80,000 votes, 58 percent to 35 percent.
"It's an uphill battle," said Sen. Brian Taniguchi, Senate judiciary chairman. "I'm not going to die if the bill dies."
Senate President Colleen Hanabusa agreed with the prognosis. "I'm not sure it will make it out of the Legislature because we just put it on the ballot," she said.
Taniguchi maintained that he views the proposal as a civil rights issue against age discrimination and a "compromise" by retaining the retirement age but raising it to 80.
Opponents, including Lingle, contend the measure is aimed at preventing her from naming the next chief justice.
Bennett and City Prosecutor Peter Carlisle, who opposed the 2006 proposal, submitted testimony in opposition to the current measure before Taniguchi's committee last month.
The proposal's supporters include the Hawaii Government Employees Association and the Japanese American Citizens League.
Republican Sen. Fred Hemmings, who voted against the measure last week, said in an interview that the proposal was "petty politics at its worst."
"I think they (Democrats) will try to do whatever they can to put it on the ballot," he said.
Taniguchi said he believes Moon is doing an "all-right job," but said the motivation behind the measure is not to keep him as chief justice. The senator noted that Moon was a Republican before he got to the bench.
BETS ARE ON BENNETT
The speculation that Bennett will be Lingle's choice has been fueled by his role as a trusted adviser to the governor. In addition, his was one of three names Lingle submitted to the White House for a lifetime tenure as a U.S. district judge here. In 2005, President Bush chose Michael Seabright, now a federal judge, from the list.
The speculation prompted Taniguchi to ask Bennett at last month's hearing about the chief justice's job.
In an interview, Bennett gave the same answer he gave to the senator: If the job somehow opened up now, he would not apply for it.
"My plans right now are, when I'm done as attorney general, to return to private practice and/or teach," he said. "But I would not even begin to speculate about what my feelings might be in two years."
Lingle's appointment would be subject to Senate approval. The Democratic-dominated Senate has rejected some of her appointments, including Ted Hong to the Circuit Court and Randal Lee to the Intermediate Court of Appeals.
But if Lingle gets the names for Moon's replacement early in 2010 and her appointment is rejected, she would be able to name another person from a list of four to six names submitted by the Judicial Selection Commission.
If the Senate rejects all of her choices, the commission would chose the chief justice from its list, according to the state Constitution. The commission's selection would not be subject to Senate approval.
Hanabusa said "it's almost positive" that Bennett will be appointed by the governor. She said one of the criticisms is that he is sometimes almost "overzealous" in representing the administration over the legislative and judicial branches. Hanabusa cited his efforts against the mandatory retirement amendment that was placed before the voters by the Legislature in 2006.
"I think people are watching because they have concerns," she said.
Hemmings, however, said he is a "big fan" of Bennett and applauded him for his work with prosecutors and police in pushing for legislation. "It's hard to deny his success and record," Hemmings said.
Another name mentioned is Mark Recktenwald, a former assistant U.S. attorney who was Lingle's director of the Department of Commerce and Consumer Affairs before the governor named him chief judge of the Intermediate Court of Appeals last year.
Hanabusa said Recktenwald is considered a good administrator and would have support, but indicated senators might wait to see how he does as the chief appeals court judge.
Recktenwald said he has been chief judge for only about 10 months and is focused on doing a good job. "I haven't given consideration to anything else," he said.
Lingle's appointment would oversee a Hawaii Supreme Court whose history includes expanding the public's rights to beaches and surface waters; recognizing the rights of native Hawaiians go onto private property for traditional religious and food gathering practices; and striking down laws the court believed infringed on the rights of criminal defendants.
In its landmark and highly controversial case, the high court issued a 1993 decision that paved the way for same-sex marriages in Hawaii. That ruling prompted state lawmakers to complain that the court was creating new law, and it led to a constitutional amendment that essentially negated the ruling.
"I continue to try to reflect what the public would like to see in a judiciary, and that is a judiciary that really interprets the laws that elected people pass rather than try to make law as a judge from the bench," Lingle said.
Lingle notes that unlike the three previous Democratic governors, she is not a lawyer who might be familiar with judicial candidates. She suggests that helps bring a fresh prospective to her judicial appointments.
Because her appointments are for 10-year terms, the judges Lingle has selected -- and will select -- will remain on the bench for years after she leaves office.
Lingle said she wants her legacy to be that the courts will be a place where people "get a fair shake."
"I think the very highest achievement you can have for a judiciary is that the average citizen of a state or of a country will get fair treatment no matter who they are," she said.
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The Judicial Selection Commission reviews and evaluates applications for all judicial vacancies, and vote, by secret ballot, to select qualified nominees. Established by a 1978 state constitutional amendment, the Commission is governed by the Judicial Selection Commission Rules.
The names of the nominees are then forwarded to the appropriate appointing authority. The governor is the appointing authority to nominate judges of the Supreme Court, Intermediate Court of Appeals, and Circuit Court for an initial ten-year term. The governor selects appointees from a list of not less than four and not more than six names submitted by the Judicial Selection Commission. The commission submits a list of at least six names to the chief justice who nominates judges for district and district family court to six-year terms. All nominations are subject to confirmation by the state senate.
The Commission also determines whether a justice or judge shall be retained in office. The Commission publicizes the fact that a justice or judge is seeking retention so that all persons who might have an interest in the matter be informed of the opportunity to comment.
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JAIL 4 JUDGES
The Judicial Accountability Initiative Law, J.A.I.L., is a single-issue national grassroots organization designed to end the rampant and pervasive judicial corruption in the legal system of the United States. J.A.I.L. recognizes this can be achieved only through making the Judicial Branch of government answerable and accountable to an entity other than itself. At this time it isn't, resulting in the judiciary's arbitrary abuse of the doctrine of judicial immunity, leaving the People without recourse when their inherent rights are violated by judges.
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"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."
~ Lord Acton, in a letter to Bishop Mandell Creighton, 1887.
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Email (National Center): VictoryUSA@jail4judges.org
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Email (Hawaii): firstname.lastname@example.org
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'Hawaiians-Only' Lawsuit Thrown Out
Judge: Plaintiff Has No Right To File Suit
HONOLULU -- U.S. District Judge David Ezra dismissed a lawsuit challenging the constitutionality of state-run Hawaiians-only programs Thursday, saying that the man who filed the lawsuit has no legal standing to file the complaint.
Moiliili resident Patrick Barrett challenged his being denied access to the Hawaiian Homelands program and other Hawaiian programs as unconstitutional racial discrimination.
In regards to the Hawaiian Homelands program, Ezra noted that because Congress created the Hawaiian ancestry requirement, the lawsuit wasn't valid because the U.S. Government was not named as a defendant.
The lawsuit also challenged business loans made by the Office of Hawaiian Affairs to people of Hawaiian ancestry. But Ezra ruled that Barrett had no legal standing because he wasn't serious about getting an OHA loan.
"He didn't take any steps including completing an application before he filed a lawsuit," OHA attorney Sherry Broder said. "So the court ruled he didn't have a real case or controversy."
Ezra also ruled that Barrett, who is considered disabled by the Social Security Administration, was not serious about challenging Native Hawaiian gathering rights."
"It's a good day," OHA chairwoman Haunani Apoliona said. "Of course we're realists and pragmatists knowing that anyone else can file another lawsuit."
Ezra pointed out that his ruling on the motion to dismiss Barrett's lawsuit had nothing to do with the merits of the case, only his legal standing to file a complaint.
Barrett's attorney said that he would appeal the decision and possibly re-file the lawsuit with additional plaintiffs.
"This issue is not going to go away and neither are we," Barrett's attorney, Patrick Hanifin said.
"I can certainly say we are prepared to defend the case on the merits," Broder responded. "The history of Native Hawaiian people is exactly the same as the history of other native people. And there's no reason why Native Hawaiians shouldn't be treated the same as Navajos who have reservations and have trust funds."
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February 8, 2008
Kamehameha Schools settled lawsuit for $7M
By Jim Dooley, Advertiser Staff Writer
Kamehameha Schools paid $7 million to settle a lawsuit filed by an anonymous student who claimed the schools' Hawaiians-first admissions policy violates civil rights laws, according to an attorney involved in the case.
Terms of the confidential settlement have been a closely guarded secret since it was signed in May just before the U.S. Supreme Court was to decide whether to hear the case.
The settlement ended a four-year effort by a non-Hawaiian teenager, known only as John Doe, to enter the Kamehameha Schools system.
Attorney John Goemans — who planned the legal action, found the plaintiff and brought the case to Sacramento private attorney Eric Grant to litigate — revealed the amount of the settlement in an exclusive interview with The Advertiser.
"The amount of the settlement is important public information that should be disclosed by a charitable institution that receives tax-exempt status from the Internal Revenue Service," Goemans said in a telephone interview.
The lawsuit challenging the schools' admissions policy was the first case of its kind to reach the doors of the U.S. Supreme Court and stirred enormous controversy in Hawai'i.
Critics of the settlement pointed out that additional legal challenges could still be mounted against the admissions policy, and news of the $7 million that the schools paid could increase the chances of new lawsuits.
Local attorney David Rosen, who made news last year by actively seeking plaintiffs for a new challenge to the admissions policy, said yesterday he is preparing a suit against Kamehameha Schools.
Kamehameha Schools, previously known as Bishop Estate, is a nonprofit organization with assets of $7.7 billion.
Grant, appearing yesterday at a University of Hawai'i law school symposium on the lawsuit, known as John Doe vs. Kamehameha Schools, declined to discuss the settlement when told that Goemans had disclosed the $7 million figure.
Kamehameha Schools' lead attorney in the lawsuit, Kathleen Sullivan, a former dean of the Stanford University law school, also declined comment.
"Terms of the settlement are inviolate," said Sullivan, also a participant at the UH symposium yesterday.
Ann Botticelli, spokeswoman for the Kamehameha Schools board of trustees, also declined to comment on Goemans' statements or the size of the settlement.
The settlement says that anyone who discloses its contents is subject to a $2 million penalty, but Goemans said he was not a party to the agreement and never signed it.
Goemans, who is recovering from heart surgery, said yesterday that he was opposed to the $7 million settlement but that "it was the client's decision" to accept it.
PART OF TAX RECORD
Goemans said an attorney representing Grant breached the confidentiality clause by mailing a copy of the agreement to Goemans last year.
Goemans added that Kamehameha Schools must disclose details of the settlement on its 2007 tax return, which is due to be filed later this year, and on annual financial reports the charity is required to file with the state attorney general's office and with the state court.
Tax returns of nonprofit institutions such as Kamehameha Schools are public records under federal law. The institution's annual financial accountings — which date to its founding by Princess Bernice Pauahi Bishop in 1888 — are also open to the public.
The institution plays a central role in Hawai'i society, in part because of its financial clout and in part because of its mission to educate children of Hawaiian ancestry. It is also the state's largest private landowner.
There are about 70,000 school-age children with Hawaiian blood, and 5,400 students were enrolled at Kamehameha's various schools last year. Kamehameha served 30,000 other children and adults through outreach programs and through its support of charter schools.
TO SUPREME COURT
Hawai'i federal Judge Alan Kay initially dismissed the John Doe lawsuit in November 2003, upholding the schools' argument that the admissions policy helped address cultural and socio-economic disadvantages that have beset many Hawaiians since the 1893 overthrow of the Hawaiian monarchy.
The plaintiffs appealed that decision to the 9th U.S. Circuit Court of Appeals, which overturned it in a three-judge decision in 2005. That ruling prompted protest rallies, prayer vigils and other gatherings around the state in support of the schools.
Lawyers for Kamehameha Schools then asked that all members of the appellate court review the matter and the full court reversed the three-judge panel's decision by an 8-7 vote in December 2006.
Grant then petitioned the U.S. Supreme Court to hear the case, and last May, on the eve of the high court announcement on whether it would take the case, the matter was settled out of court.
"We didn't think that there was a strong possibility (of losing) but that risk is always out there," J. Douglas Ing, chairman of the Kamehameha board of trustees, said in announcing the settlement in 2007. "There are no guarantees and there certainly were no guarantees from our lawyers that we would win the case."
Grant, the attorney for John Doe, said after the case was settled, "Obviously, a settlement is not exactly what either side wanted. But it is something both sides eventually came to terms on."
SPATS OVER FEES
Goemans is involved in a continuing dispute with John Doe, whose identity has never been revealed, and with Grant over how much money Goemans should receive for his part in the case.
Grant received 40 percent of the overall settlement — $2.8 million — although he had to sue the plaintiff and the plaintiff's mother in federal court in Sacramento last year to collect the money, according to Goemans and federal court records.
That collection lawsuit was filed in June after Kamehameha had paid the $7 million settlement. The dispute over the payment of Grant's fee was settled and dismissed in September.
Goemans said he asked John Doe and Jane Doe for 25 percent of the total settlement — $1.75 million — but has not yet received a response.
Grant filed a separate lawsuit against Goemans in California state court last year regarding how much compensation Goemans is owed for his part in the case.
That suit is still pending, although Goemans said he believes it is groundless and will be dismissed.
Grant yesterday declined comment on the collection lawsuit he filed in Sacramento against his own clients or the related action he filed against Goemans.
Goemans said he has received $20,000 in compensation to date from John Doe and his mother and is contemplating filing a new legal action of his own against them.
~ ~ ~
February 9, 2008
School's $7M deal raises ire, eyebrows
By Jim Dooley, Advertiser Staff Writer
Yesterday's disclosure of the $7 million payment made by Kamehameha Schools to settle a civil rights lawsuit prompted questions and anger from individuals on both sides of the schools' controversial admissions policy that gives preference to students of Native Hawaiian ancestry.
"It does seem like a lot of money. It sure would be if it was in my pocket," said University of Hawai'i law school professor Jon Van Dyke, who served as a legal consultant to Kamehameha in the lawsuit.
Van Dyke said yesterday he wasn't part of the settlement discussions and still believes the payment led to the right outcome for the school.
The settlement was signed in May just before the U.S. Supreme Court was scheduled to announce whether it would hear an appeal of the case. Terms of the settlement had been kept confidential until this week. John Goemans, an attorney for the plaintiff in the case, revealed the $7 million figure to The Advertiser.
The settlement meant that an earlier 8-7 vote by the 9th U.S. Circuit Court of Appeals in favor of Kamehameha's admissions policy is still the prevailing law.
H. William Burgess, a local attorney who filed legal papers with the U.S. Supreme Court supporting the plaintiff in the case, said yesterday, "Wow. The settlement was much larger than I thought."
Burgess said he still believes the case should have been heard by the Supreme Court so that legal questions surrounding the school's Hawaiians-first admissions policy were settled.
"I actually think the trustees of the Kamehameha Schools have a legal duty, when there's a legitimate legal question about what they're doing, to seek a resolution of the issue," Burgess said.
News of the $7 million payment provoked more than 500 online postings to The Advertiser that variously criticized school officials who approved the payment and the lawyers and the client who received the money.
Beatrice "Beadie" Dawson, a native Hawaiian attorney who is active in Kamehameha Schools affairs, said yesterday the settlement itself and now news of the $7 million amount "are like an open invitation for more lawsuits."
"I was very dismayed by news of the settlement last year and I was very surprised by the size of it today," Dawson said.
Hawai'i attorney David Rosen, who last year announced plans to file another legal challenge to the school's admission policy, confirmed this week that the lawsuit is taking shape but has not been filed.
He issued a news release yesterday reacting to the settlement amount that said, "The people of Hawai'i should be outraged that the trustees of Kamehameha Schools place a higher value on discriminating rather than educating."
Goemans, the lawyer who publicly revealed the $7 million figure, said he believes the settlement should be a matter of public record given Kamehameha Schools' status as a tax-exempt charitable institution.
Goemans helped bring the civil rights lawsuit against Kamehameha in 2003 on behalf of a non-Hawaiian student denied admission to the high school. The student and the student's mother, who live on the Big Island, have never been identified except as John Doe and Jane Doe.
Goemans also said the settlement is subject to review by the Internal Revenue Service and by the state attorney general's office, which oversees Kamehameha Schools' annual financial accountings filed with state Probate Court.
Attorney General Mark Bennett could not be reached for comment yesterday.
David Fairbanks, a Honolulu lawyer serving as the appointed "master" who must review Kamehameha's financial fillings for the Probate Court, did not respond to a telephone message for comment yesterday.
Reach Jim Dooley at email@example.com.
~ ~ ~
NEW DISCOVERY (11-29-07):
September 9, 2005
Group challenges court order on artifacts
Hui Malama says the
By Sally Apgar, Star-Bulletin
A federal court order demanding the return of 83 artifacts reburied in a Big Island cave five years ago would violate Hui Malama I Na Kupuna 'O Hawaii Nei's constitutional right to freedom of religion, the native Hawaiian group argued yesterday.
Earlier this week, U.S. District Judge David Ezra gave Hui Malama, a group founded in 1989 to repatriate native Hawaiian remains and artifacts, until Sept. 23 to return the burial items, or "moepu." The group reburied the items in Kawaihae in 2000 to honor the wishes of kupuna (ancestors). Ezra ordered the return so that 14 competing native Hawaiian claimants can have equal say in the fate of the items.
Hui Malama filed an emergency appeal of the order with the 9th U.S. Circuit Court of Appeals in San Francisco yesterday, arguing, "There is no safe manner by which to carry out the (U.S.) District Court's order as it would place ... members of Hui Malama in real physical and spiritual danger."
In a declaration filed yesterday supporting their argument, Edward Halealoha Ayau, a founding member of Hui Malama, said that complying with the court order "would inflict spiritual, emotional, religious and emotional injury upon me and members of Hui Malama."
"Specifically, it would be an extreme hewa (wrong) for me or any other Hui Malama member, if ordered, to take part in any effort to enter the Kawaihae burial cave, with two to three known caves, to remove the 83 moepu, as they belong to the kupuna buried therein," and that would harm "the integrity of the afterlife of these kupuna," he said.
It "amounts to stealing from the dead, an action that threatens severe spiritual consequences for anyone involved," Ayau added.
Ezra's order arises from a recent case filed by two other native Hawaiian groups against Hui Malama and the Bishop Museum demanding return of the items so that 14 federally recognized native Hawaiian claimants could be consulted in what to do with the items.
In 1905 three men, including David Forbes, whom Hui Malama refer to as grave robbers, opened the cave and gave the items to the Bishop Museum, an act that Hui Malama considers a desecration that they needed to right. In a controversial 2000 "loan," Hui Malama obtained possession of the items.
There is a sharp split in the claimants' groups over whether the items should be buried in the cave to honor kupuna and allowed to decay, or whether they should be preserved in a hermetically sealed environment for the eyes of future native Hawaiian generations.
The two native Hawaiian groups contesting Hui Malama's claim are represented by La'akea Suganuma, a practitioner of "lua," or "bone-breaking," an ancient form of Hawaiian martial arts, who is also president of the Royal Hawaiian Academy of Traditional Arts; and Na Lei Alii Kawananakoa, a group founded by Abigail Kawananakoa, a wealthy Campbell Estate heir and descendent of royal Hawaiian blood.
The 14 competing claimants, including Suganuma, Hui Malama and Kawananakoa, are recognized under the Native American Graves and Repatriation Act, which was passed into law in 1991 to govern the repatriation of native Hawaiian and American Indian remains and artifacts.
When Suganuma and Kawananakoa filed the suit, they asked for a preliminary injunction, demanding the return of the items, saying they were "improperly loaned" to Hui Malama and that they faced "imminent harm" in Kawaihae Caves because of environmental conditions, insect attack and possible theft. Ezra granted the injunction this week.
According to court documents, the 83 items were crated and handed over by museum staff to representatives of Hui Malama on a Saturday in February 2000 with a notation that it was a one-year "loan" until February 2001 and pending the outcome of an ongoing NAGPRA consultation.
Ezra wrote that the museum "breached its own policies in an apparent, but inexplicable, rush to deliver the items to Hui Malama."
In Ezra's order he noted the loan was based on Hui Malama's assurances that all four of the claimants who were recognized at the time agreed to the reburial. Ezra wrote "that premise was false ... because they (the four claimants) did not agree to Hui Malama's ultimate plans."
Aside from spiritual or religious beliefs, Hui Malama has said it does not want to return the items because it would be handing them over to the museum, which they say "acted as a fence for the original grave robbers."
~ ~ ~
June 16, 2005
Fourth federal judge is sworn in
J. Michael Seabright fills a seat
By Mary Vorsino, Star-Bulletin
Before more than 100 colleagues, friends and family members, former assistant U.S. attorney J. Michael Seabright was sworn in yesterday as Hawaii's fourth full-time federal judge.
I feel blessed now to be part of this judicial family," Seabright, 46, told those who gathered at the U.S. District Courthouse for the event. "I will listen to all who come before me, learn from all who come before me."
Seabright filled a seat left vacant in 2000 after U.S. District Judge Alan Kay went on semiretired status. Seabright is expected to ease a heavy caseload for the state's federal judges, who now preside over about 400 trials a year.
"We've been waiting a long time for my replacement," Kay said.
Chief U.S. District Judge David Ezra said it has been "far too long for Hawaii to go without an active federal judge."
Ezra praised Seabright for his community service and strong family ties. "It is a great pleasure for all of us to have Judge Seabright on this bench," he said. "He is a dedicated and loving family man."
Ezra and fellow U.S. District Judges Helen Gillmor and Susan Oki Mollway commended Seabright for his trial history.
"We're delighted that he is the one," Mollway said.
Ezra swore Seabright in while the new judge was flanked by his wife and two children. Seabright received a standing ovation as his family helped him put on his black judge's robe.
Seabright joined the U.S attorney's office in 1990 and was named head of the white-collar crime section in 2002.
He prosecuted a number of high-profile white-collar crime cases, including those involving former Honolulu City Councilman Andy Mirikitani, former state Sen. Milton Holt, former state House Speaker Daniel Kihano and eight former Honolulu liquor inspectors.
"This is a great day for the people of Hawaii," said Hawaii Intermediate Court of Appeals Judge Craig Nakamura, who was an assistant U.S. attorney alongside Seabright until 2004. "He cares deeply about the community. ... He always took the high road. I know he's got a good heart."
Seabright got his law degree from George Washington University in 1984 and moved to Honolulu, where he worked at the law firm Carlsmith Ball. In 1987 he started working with the U.S. attorney's office in Washington, D.C., before returning to Hawaii.
~ ~ ~
December 5, 2003
Judge approves admission deal
Ezra lauds the honesty of both
By Rick Daysog, Honolulu Star-Bulletin
Calling it a "gut-wrenching case," a federal judge approved a legal settlement that will allow a non-Hawaiian seventh-grader to attend the Kamehameha Schools through graduation.
U.S. District Judge David Ezra accepted yesterday the deal in which 12-year-old Brayden Mohica-Cummings agreed to drop his suit challenging the Kamehameha's century-old admission policy.
"This has obviously been a very difficult and gut-wrenching case," Ezra said. "Honest mistakes were made in a fashion that disadvantaged this young man with respect to his education. There was no lying and cheating here."
Brayden, who is not of Hawaiian ancestry, sued the estate earlier this year, alleging that its Hawaiian-preference admission policy violated federal anti-discrimination laws.
In August, Ezra issued an injunction ordering the school to admit Brayden while his suit was being decided. Ezra did not rule on the merits of the case, but said the school waited too long to rescind Brayden's acceptance after learning he was not of Hawaiian ancestry.
The estate previously admitted Brayden to its Kapalama Heights campus after his mother, Kalena Santos, whose adopted father was native Hawaiian, said her son was Hawaiian. But the offer was taken back after Santos was unable to document her son's Hawaiian ancestry.
The Kamehameha Schools, founded under the 1884 will of Princess Bernice Pauahi Bishop, is a $6 billion, nonprofit charitable trust that educates 4,800 children of native Hawaiian ancestry each year.
Ezra said Santos did not "knowingly" lie on her son's application. Had she done so, Ezra said, he would not have issued the injunction ordering the school to take back Brayden.
Ezra said the settlement is in the best interest of the boy and the estate. Had the case not been settled, the appellate courts would have extended his injunction and kept Brayden at the school until the case was decided, Ezra said.
She said outside the courtroom that her son has adjusted well to life at Kamehameha, although he initially was greeted with "second glances" and comments along the lines of "There's that boy."
Santos added that she is glad Ezra "set the record straight" that there was no dishonesty in her son's application.
"I didn't lie. I didn't misrepresent myself. I didn't cheat," said Santos, who was heckled as she left the federal courthouse. "To have heard people attacking me because I was adopted, that was really hard."
Kamehameha trustee Douglas Ing said the decision to settle was difficult for the Board of Trustees. But he said the settlement will allow the estate to move forward in defense of its admission policy, which is the subject of a separate lawsuit by an unnamed non-Hawaiian student whose application was rejected by the school.
U.S. District Judge Alan Kay dismissed that lawsuit last month, a ruling the trust says will give them a strong chance of upholding their admission policy on appeal.
Grant and Goemans, who also represent the plaintiff in that case, said they plan to appeal Kay's decision to the 9th U.S. Circuit Court of Appeals.
"We agonized a lot over the decision, and we know that we have hurt members of the community and we apologize over that," said Ing, who attended yesterday's hearing with acting trust Chief Executive Colleen Wong, school Headmaster Michael Chun and trustees Diane Plotts and Robert Kihune. "However, we needed to make a decision that was in the best interest of the Kamehameha Schools, and we feel we made that decision, especially after hearing Judge Ezra's comments today."
During the hearing, Ezra said Santos' adoption by a Hawaiian family might qualify her and her son as Hawaiians. Ezra cited a 40-year-old state Supreme Court case that granted adopted or "hanaied" children the same ancestral rights as children that are born into the family.
That decision was based on the Supreme Court's interpretation of ancient Hawaiian law, which was the law of the land when Princess Pauahi wrote her will, Ezra said.
"You have a legitimate question as to whether or not the boy in this case, for the purpose of her will, is Hawaiian," said Ezra.
Some Hawaiian activists took issue with Ezra's interpretation.
Wayne Panoke, vice president of the 'Ilio'ulaokalani Coalition, which organized rallies protesting suits against the Kamehameha Schools, said a child that is hanaied by a family did not inherit the family's genealogical lines under Hawaiian monarchy laws.
Vicky Holt-Takamine, 'Ilio'ulaokalani's president, cited the example of Pauahi and Queen Liliuokalani, who were hanaied to each other's families. Liliuokalani traced her lineage to King Kalakaua, while Pauahi was of the Kamehameha line, but neither claimed the genealogy of the other, Holt-Takamine said.
"You don't inherit the genealogy; you don't inherit the rank or privileges," Holt-Takamine said.
Ezra noted that Brayden has attended Kamehameha without incident, and he credited the faculty and the Kamehameha ohana.
Ezra said that when he issued his injunction last August, someone suggested he order armed guards to accompany Brayden, but he refused to request protection because doing so would unnecessarily embarrass the schools.
But Ezra also warned some people from acting out against Brayden, saying such actions would violate federal law.
"It's a hate crime to engage in violence against a Hawaiian because he is Hawaiian. It's a hate crime to engage in violence against a Caucasian because he is a Caucasian," Ezra said.
~ ~ ~
September 25, 2001
Clayton Hee named OHA chairman
Trustee John Waihee
OHA seeks lawsuit's dismissal
By Pat Omandam, Star-Bulletin
Trustee Rowena Akana was named vice chairwoman. Both Hee and Akana are the board's senior trustees, each with 10 years of service.
Hee said he will work with the governor and state Legislature to resolve a Hawaii Supreme Court ruling earlier this month that invalidated a state law that set up how OHA was to be paid its share of revenue from ceded lands.
Trustee John Waihee, who had previously backed Apoliona, was the swing vote in the new 5-4 majority. He said during this time of crisis for OHA that Hee was a better "war leader" than Apoliona.
"It wasn't a knock against the current chair," Waihee said. "There are great war time leaders and great peace time leaders. I think Clayton is a better war time leader."
The next board meeting is set for Monday, where board committee assignments will be approved.
September 25, 2001
OHA pushes for dismissal of lawsuit
John Carroll says that using
By Pat Omandam, Star-Bulletin
The Office of Hawaiian Affairs has asked U.S. Chief Judge David Alan Ezra to dismiss a lawsuit filed against it last year by former U.S. Senate candidate John Carroll because he has no standing to file it.
Carroll wants to stop OHA trustees from using OHA money for racially discriminatory purposes.
In separate motions filed last week, both parties have asked Ezra to rule on the case before it goes to trial. A hearing on the motions will likely be held in the upcoming months.
While running as a Republican candidate for the U.S. Senate last October, Carroll sued OHA in federal court seeking to stop state revenue payments to OHA. The former head of the Hawaii Republican Party also claimed OHA denied him access to programs because he was not Hawaiian.
But much like the recently dismissed Patrick Barrett case, OHA board attorney Sherry Broder argues Carroll does not have standing to file his lawsuit because he has taken no steps to identify OHA programs he wanted to participate in, has not filed any applications for any OHA benefits and has not suffered any injury because of it.
"He is thus in no sense 'able and ready' to take advantage of such a program or any benefits that might be available," said Broder, who added Carroll's impetus for filing this lawsuit was to try to influence Congress with regard to the native Hawaiian recognition bill.
Barrett claimed OHA and the Hawaiian Homes Commission discriminated against him because he is not Hawaiian. He also wanted access to native gathering rights afforded to Hawaiian cultural and religious practitioners.
His lawsuit stems from the U.S. Supreme Court ruling last year in Rice vs. Cayetano that said OHA's Hawaiians-only restriction to vote in its election was unconstitutional.
As a result, attorney Richard Lee, who represents Carroll, has asked Ezra to enforce the Rice decision and hold that such practice discriminates against other ethnic groups in Hawaii, in violation of the U.S. Constitution.
Also, Lee noted, the kingdom of Hawaii treated all ethnic groups equally.
Many fear such post-Rice lawsuits will erode government programs and entitlements to Hawaiians.
Ezra noted his ruling in the Barrett case did not address the merits of that case, only that the challenge must come from someone who has a real cause and not a philosophical difference with OHA.
~ ~ ~
Friday, April 13, 2007
Prosecutor Charles F. Marsland dies at 84
By Debra Barayuga, Star-Bulletin
After his son was killed by a mobster in 1975, Charles F. Marsland Jr. turned the murder into inspiration to fight organized crime.
As Honolulu's first elected prosecuting attorney, he relentlessly battled mobsters and killers, significantly reducing the island's crime rates, his friends and fellow prosecutors said.
Marsland died yesterday on his 84th birthday. A third-generation kamaaina, he is credited with transforming the Honolulu prosecutor's office.
"He was neighborhood watch before neighborhood watch came along," said neighbor and Honolulu attorney Tom Dunn, describing Marsland's commitment to keeping even his neighbors safe.
Charles F. Marsland Jr., an outspoken and gruff Honolulu city prosecutor who turned a family tragedy into something positive by striking out against organized crime, died yesterday on his 84th birthday.
Marsland, who was suffering from an unspecified illness, died peacefully at his Portlock home, surrounded by longtime companion Polly Grigg, friends and caregivers.
Marsland served for two four-year terms, from 1981 to 1988, and changed the face of the Honolulu Prosecutors Office, said deputies that served under him.
"He was a great person to work for because he had a tremendous amount of faith in his deputy prosecutors," said Lt. Gov. James "Duke" Aiona, who served as a deputy prosecutor under Marsland. "As such he transformed the Honolulu Prosecutors Office to what it is today: an office built and sustained on integrity and fairness."
Marsland's passion for fighting organized crime was motivated by the April 1975 murder of his 19-year-old son, Charles "Chuckers" Marsland III, whose body was found in Waimanalo.
Marsland was haunted by the murder and believed his son heard something at his job at the Infinity disco that led to his death. Underworld figure Ronald Kainalu Ching later pleaded guilty to shooting Chuckers Marsland.
"The murder of his son influenced him to take on the job as Honolulu's first elected prosecuting attorney, and it turned into an immense benefit for his home state," said Honolulu Prosecutor Peter Carlisle of his mentor and friend.
Marsland started the first felony narcotics unit and white-collar crime unit -- specialized prosecution units that worked closely with Honolulu police.
Carlisle said he owes Marsland for being in Hawaii and becoming a city prosecutor. Former Honolulu Police Chief Francis Keala hired Carlisle as an HPD law clerk assigned to Marsland. "He was my mentor, my friend, the reason why I'm prosecuting attorney today."
He was Marsland's first "bag boy" during a period when significant criminal cases were happening, including the Nappy Pulawa state trials and the first murder-for-hire case, Carlisle said.
He can still recall one day when he and his mentor were cutting through Iolani Palace grounds to the courthouse to do battle with organized crime when Marsland told him, "Pete, this is getting to be fun."
"Crime rates were dealt a blow that it never recovered from," Carlisle said, crediting Marsland for putting a big dent in crime.
A third-generation kamaaina, Hawaii ran 100 percent in Marsland's blood, Carlisle said. Marsland was knowledgeable about Hawaii and its people and an incredible source of information about old Hawaii before statehood.
After losing a bid for a third term, the private Marsland faded into a life of quiet retirement and mellowed in his later years, according to Grigg, who had known him since 1967.
His beautiful smile is what she will miss most about him, she said. "He was very dear to me."
While criminals, judges and defense attorneys saw his tough side, close friends and neighbors saw the soft side.
He was devoted to his late mother and visited his son's grave at Punchbowl almost daily since the 19-year-old was killed in 1975, Carlisle said.
"As a father, I don't know how he was able to go on, but he lived with it and kept going -- didn't let it stop him -- and in going forward, it was his way of honoring his son," he said.
A doting pet owner, Marsland's neighbors would see him walking his dogs two or three times a day when he was still mobile.
Neighbor and Honolulu attorney Tom Dunn often joined Marsland on his early-morning or evening walks, with their dogs tagging along. Marsland, Dunn said, was always the lawman, looking out for others....
"He was neighborhood watch before neighborhood watch came along," Dunn said. "He cared about people and how people lived. He cared about their safety, and not just professionally, but individually."
Big Island attorney Ted Hong, a former deputy prosecutor under Marsland, described his former boss as "one of the first people who shook the trees of heaven -- the powers that be."
"He really went after people who were abusing and misusing the political system, one of the first to really go after these guys, and it really set the pace for what the office would become today."
The strongest legacy Marsland left behind was to be a strong advocate for clients, especially victims, Hong said. Marsland imbued in his deputies a "no-fear type of attitude."
"We represent the people, and you go in there and do the best job possible -- be aggressive but an ethical lawyer," Hong said.
~ ~ ~
February 9, 2004
Alleged shooter has roots in old isle underworld
One Pali Golf Course murder
SECOND IN A SERIES
By Sally Apgar, Honolulu Star-Bulletin
Rodney V. Joseph, allegedly one of the shooters in the Pali Golf Course murders last month, came of age in Waianae during a legendary era when crime bosses ordered the execution of competitors by a bullet to the head and informants were buried alive in the sands of Maili Beach.
Joseph, 35, a professional kickboxer, is charged with first- and second-degree murder in the killing of Lepo Utu Taliese, 44, and Lawrence "Romelius" Corpuz, 39, at the Pali Golf Course Jan. 7....
The Joseph family of Waianae is part of the storied past of Hawaii's underworld of the 1960s through the mid-1990s, which was vividly described in scores of news accounts.
Federal informants called Charles "Charlie" Stevens, who is Joseph's uncle on his mother's side, a drug lord and "the man" on the Waianae Coast for more than 20 years. Stevens, also known as "Uncle Charlie" or "Old Man," regularly cruised his domain with his lieutenants in a black Lincoln Continental with dark-tinted windows.
Stevens, who was married to Joseph's aunt Aletha "None" Stevens, had a taste for one of his own products, heroin, and died in 1999 of cardiac arrest in a federal prison in Pennsylvania at age 56.
In the early 1990s, Stevens was the target of a state and federal investigation that ultimately sent him to federal prison as part of a plea agreement.
He pleaded guilty to racketeering and confessed to drug trafficking, murder and bribing a state judge to reverse a guilty verdict in a double murder.
Affidavits that were part of the Stevens investigation alleged that young Rodney Joseph and two of his uncles, Terrance "Anthony" Joseph and Jeffrey Joseph, were part of the Stevens organization. Terrance was at one point married to Aletha Stevens, and together they had a daughter who was raised in Stevens' home.
Despite their mention in the investigation, neither Rodney Joseph nor his two uncles were charged in connection with the Stevens investigation.
One FBI affidavit described an incident involving Rodney Joseph when he was barely 20. The 1990 affidavit supporting an FBI wiretap of Stevens recounted how Joseph allegedly helped his uncle retrieve two pounds of crystal methamphetamine, or "ice," from a hotel room.
The affidavit said that Mervin "Charlie" Chan "froze up and died while mainlining crystal methamphetamine in the Plaza Hotel near the airport on Dec. 31, 1988." A man who witnessed the overdose allegedly called Stevens, who came to the room.
With the help of Joseph, Stevens allegedly retrieved the ice that had been smuggled by Chan's girlfriend from South Korea.
Stevens was one of several high-profile crime bosses during the mid-1980s and early 1990s whose underworld activities were exposed in front-page news accounts of sensational trials and mobsters turning government witness.
In 1984, Charles Marsland was an outspoken and controversial city prosecutor who was out to nail organized crime. But Marsland's mission had a personal edge: He wanted to find out who had murdered his 19-year-old son, Charles "Chuckers" Marsland III, early one morning in Waimanalo with a police service revolver.
Marsland was haunted by the murder and believed his son heard something at his nightclub job that led to his death. He was often accused of pursuing the prosecutor's job so he could avenge his son's death.
In 1984 the intensive work of Marsland's organized-crime strike force and federal investigators pinned two major underworld figures: Ronald Kainalu "Ronnie" Ching and Henry Huihui.
Ching, who turned witness for Marsland and the state, was considered a ruthless hit man and the state's foremost contract killer who bore no allegiance to any crime boss. They said he killed for money, favor and sport.
Ching pleaded guilty in 1981 to federal firearm and narcotics violations and was serving a 21-year prison sentence on the mainland when he was indicted for the 1978 murder and kidnapping of Arthur K. Baker, a government informant. He was also involved in drug trafficking and prostitution in Chinatown.
And finally he told all to the government.
Ching, who like Stevens was fond of heroin, once told undercover investigators in a taped conversation that he first "made his bones" (killed a person) at age 16. He eventually pleaded guilty to killing four of 20 people he admitted to investigators he murdered.
Ching claimed he killed Chuckers Marsland on April 17, 1975. Marsland, a Punahou graduate who was attending Chaminade College, left his job as assistant manager of the Infinity disco in Waikiki at 4:30 a.m. His body was found in Waimanalo.
Ching confessed to the Nov. 13, 1978, murder of Baker, who was handcuffed and dragged out of a cocktail lounge on Kalakaua Avenue and then buried alive in the sand at Maili.
Ching also confessed to being a lookout in the sensational 1970 murder of state Sen. Larry Kuriyama, 49, who was gunned down in the carport of his Aiea Heights home while his wife and five children watched television inside.
Ching also said he executed Robert "Bobby" Fukumoto, a major crime figure turned police informant. Ching said he shot Fukumoto 10 times in the back with an automatic rifle while he stood inside a Kapiolani Boulevard bar in May 1980.
On Aug. 23, 1985, Ching was sentenced to four life terms for the four murders.
At the same time Ching talked to the police, Huihui turned informant for the federal government.
Targeted by another state and federal investigation, Huihui ran a group called "The Company," which was formed during the 1970s by legendary crime boss Wilford "Nappy" Pulawa.
Huihui was indicted in April 1984 on federal racketeering charges of gambling and extortion, as well as state charges of murder.
Huihui pleaded guilty to racketeering and to the 1977 murders of David Riveira, a gambler, and Joseph Lii, a labor leader.
Huihui told prosecutors he killed Riveira because he turned police informant and had assaulted a member of his family. Riveira was killed outside a Nuuanu gambling house. His hands were tied behind his back, and Huihui said he shot him in the head with a gun fixed with a silencer. Others present then fired their weapons into Riveira.
Huihui said he gunned down Lii outside the offices of the Inland Boatmen's Union and within earshot of his wife and children. Huihui said he executed Lii because of a power struggle among union factions.
Huihui and Ching were both used unsuccessfully to go after former Honolulu police officer Larry Mehau, who lived on the Big Island and was publicly labeled by one of Marsland's staff in the late 1970s as the "godfather" of organized crime in Hawaii.
Mehau, who was close to former Gov. George Ariyoshi, was the target of a federal and state investigation code named "Firebird." Mehau was never convicted.
For more than 20 years, Stevens controlled the Waianae Coast until he was sent to prison in 1993.
During the state and federal investigation of Stevens, Paciano "Sonny" Guerrero, once the kingpin of the state's largest "ice" ring, told investigators that Stevens was "the man" on the Waianae Coast who controlled criminal activity across Oahu, according to a July 16, 1990, affidavit filed by the FBI to support a request for continued wiretappings of Stevens' organization.
Guerrero, convicted of selling more than $7 million of ice between 1987 and 1988, was one of Stevens' ice suppliers. Guerrero, who was serving a 25-year prison term, told investigators "that anyone who wants to deal drugs or conduct any other criminal activities in the Waianae area of any significance must have the blessings of Charlie Stevens and his organization."
The federal investigation of Stevens led to his end.
In 1991, Stevens was indicted on federal drug and firearm charges. The government said Stevens, with the aid of his wife, was at the center of a secretive and well-organized drug operation that trafficked in "ice," heroin and marijuana. He was also charged with extortion and possessing an unregistered automatic submachine gun and silencers for automatic weapons.
In a subsequent June 1992 indictment, Stevens was also charged with 39 additional counts of racketeering acts for kidnapping, witness tampering and firearms possession.
In the months leading up to Stevens' and his wife's Oct. 28, 1992, racketeering trial, key members of Stevens' organization, who had been indicted along with him, copped plea agreements and turned on Stevens.
Minutes before their own trial opened, Stevens and his wife pleaded guilty to several charges relating to their drug distribution ring and agreed to talk.
One of Stevens' first acts was to confess to participating in a notorious 1978 double murder of two alleged drug dealers and subsequently bribing a circuit judge to overturn an Oahu jury's 1981 guilty verdict. Stevens' confession solved a case that had taunted prosecutors for 14 years.
Stevens admitted that on April 6, 1978, he shot Patricia L.S. Stevens (no relation), 32, in the head with a .45-caliber handgun and that he participated in the disposal of Stevens' body and that of Conrad Maesaka, 27, who was killed at the same time.
The bodies were dismembered, and the gun was cut into pieces, melted with a blowtorch and tossed into the ocean.
During Stevens' 1981 trial for the double murder, three young Waianae men, who were enlisted by Stevens to help get rid of the bodies, testified against him. Stevens' defense was that the men killed the couple and were framing him.
According to trial testimony, Stevens shot the woman in the stomach and, as she begged "No, Charlie, no," he shot her in the head. The men testified that Stevens ordered them to take the bodies to the back of the Waianae Valley. They testified that the night after the murder, Stevens, gun in hand, supervised them. He instructed them to dismember the bodies with cane knives, throw the parts into five trash bags and bury them in a grave camouflaged with leaves.
The jury convicted Stevens of the murder on March 26, 1981. But in a stunning decision that stirred angry accusations, Judge Harold Shintaku overturned the verdict on September 28, 1981, claiming the evidence was not there to convict.
Shintaku was harshly criticized. On Oct. 6, 1981, he made public his written argument for acquittal. That night, police arrested him for drunken driving, and the next morning his relatives found him in a family-owned beach cottage at Mokuleia with multiple skull fractures and a broken collarbone. Shintaku said he believed he had been beaten after he passed out. Police said he hurt himself in a fall during a botched attempt to hang himself.
In 1983, Shintaku retired from the bench. The judge was arrested in a 1987 raid on an Alewa Heights teahouse in the company of Earl K.H. Kim, who controlled gambling during that era.
Shintaku pleaded guilty to gambling charges in 1988. A year later he was found dead after apparently slitting both wrists and jumping from the third floor of the Stardust Hotel on the Las Vegas Strip. It was never clear whether he committed suicide or was murdered.
Stevens confessed in 1992 that his brother, Richard "Dickie" Stevens, who had since died, bribed Shintaku. Stevens said Shintaku had gambling debts and that the bribe was made and accepted before the double murder trial ever began.
On May 12, 1993, federal Judge David Ezra sentenced Stevens to 20 years without parole. He told the court that Stevens' prosecution ended "a criminal organization that operated almost unchecked on the Waianae Coast for over 20 years."
~ ~ ~
November 15, 2000
Thou Shalt Judge
U.S. District Court Chief Judge David Alan Ezra has ruled upon some of
the most important cases in modern Hawaiian history
By Chad Blair, Honolulu Weekly
Over the past few years, landmark rulings have been issued from the U.S. District Court in Hawai‘i on matters ranging from the Felix Consent Decree to Rice vs. Cayetano, from the 1996 Constitutional Convention vote to longline fishing, from monitoring of the Hawai‘i State Hospital to the growing of hemp.
The rule maker at the center of it all is David Alan Ezra, 53, Chief Judge for the U.S. District Court in Hawai‘i, who has been quietly but firmly — some might say radically — interpreting federal law as it applies to Hawai‘i. Through his bold rulings, Ezra has changed the legal landscape of Hawai‘i.
Ezra’s initial ruling on the longline fishing industry, effective this past summer, closed 6.5 million square miles of ocean located some 500 miles north of Hawai‘i to all but a relative few longliner outings. Ezra earlier had ordered that trained federal observers be on all longline boats to monitor sea turtles that get trapped in longline gear.
The rulings attracted major media attention, including vocal protests from fishermen, grocery stores and restaurants who charged that, because of Ezra’s restrictions, low yields would lead to high costs, which in turn would force consumers to drop sashimi in favor of cheese and crackers. That hasn’t happened, but the power of Ezra’s decisions has not been lost on the public....
Honolulu attorney Jeff Portnoy agrees. "Ezra doesn’t shy away from controversy. In fact, he takes on the most controversial cases, and every time you do that, one section of the community is happy, but another section is upset.
Portnoy should know: He was appointed by Ezra as special master in the Felix case some seven years ago. The Felix consent decree orders Hawai‘i’s schools to be in compliance with federal requirements for disabled children.
Judge Ezra is indeed a controversial man, but he is also one of the most influential people in Hawai‘i. In two interviews in September and October, Honolulu Weekly set out to discover what makes this man tick.
Court of Order
The Federal Building is a tightly guarded facility. Although the Federal Marshalls are polite, they spend inordinate time screening the items that go through the building’s X-ray machine. They confiscate a reporter’s tape recorder, explaining that no recording devices are allowed upstairs.
Exiting the elevator on the fourth floor, another security guard defends the doors to the four separate courtrooms of the District Court. Ezra presides over an eight-member court, which in addition to Ezra consists of jurists Helen Gillmor, Susan Oki Mollway, Samuel P. King and Alan C. Kay (Ezra replaced Kay as chief justice in December 1998), along with magistrates Francis Yamashita, Leslie Kobayashi and Barry Kurren.
District Courts are courts of original jurisdiction where cases concerning federal matters — such as antitrust suits brought by the federal government or commercial and contractual disputes between citizens or businesses — are heard. Some cases are criminal, including bank robberies, interstate drug-trafficking and kidnapping.
According to some observers, it is not inconceivable that Ezra, who calls himself a political moderate — he was appointed to the federal bench by President Ronald Reagan, yet has a framed photo in his office of himself greeting Hillary Clinton at the White House — might one day find his way to the next stop on our judicial ladder, the 9th Circuit Court of Appeals, which comprises most western states and Guam; from there it’s just a presidential tap onto the U.S. Supreme Court.
Despite his boosters, Ezra says he expects to be working in the District Court 10 years from now. Though he has five years remaining as chief judge, all federal judges have lifetime appointments.
Ezra is well-connected with the local legal community and in national circles as well. He was a law partner with John Moon, cousin of Chief Justice of the Hawai‘i Supreme Court Ronald Moon; and he counts among his friends several U.S. Supreme Court justices. Ezra downplays concerns that the next U.S. president will reshape that court, saying he doesn’t see any vacancies in the near future. "They are physically fit," he says of the justices. "None are mentally weak."...
"I was a strong supporter when he applied to become a federal judge," says attorney Portnoy, who passed the Hawai‘i bar along with Ezra in 1972. "I think he brings a lot of very important attributes to the bench. He’s very bright, very organized; he let’s people know exactly what he believes. He doesn’t obfuscate — you know where you stand in your cases with Judge Ezra."
Portnoy observes that it is rare for a judge to take the time in court to make sure litigants and spectators alike understand the proceedings. "He’s very media-friendly," Portnoy says. "Most judges just talk to lawyers, but not him. He has an understanding of the courts’ mystique among the public, so he goes out of his way to explain things."
That patience is no doubt influenced by Ezra’s respect for the media. "I absolutely believe in the First Amendment," he says. "Often, I notice that many reporters better understand the issues than some lawyers."...
You Be the Judge
Though born in Columbus, Ohio, Ezra grew up in Hawai‘i and graduated in 1965 from St. Louis High School. He attended Chaminade College and, briefly, UH-Mänoa, later receiving a bachelor’s in business administration magna cum laude from St. Mary’s University in Texas. He later graduated from St. Mary’s law school with high honors, and then joined the Army.
Ezra’s court chambers are decorated with military memorabilia — WWII-era planes and ships, photos of soldiers, depictions of American eagles. "Freedom does not come cheaply," he intones. "It’s earned."
Ezra’s father, Jack, was a business man who served in World War II. He was wounded during the Battle of the Bulge and for the rest of his life had to wrap his left leg in bandages and occasionally use crutches. "Having seen what my father went through, I have an understanding of what disabled people go through," he says.
"He never complained," says Ezra of his father, who passed away in 1992. "He was never bitter."
After finishing his own active duty, Ezra returned to Hawai‘i and joined the law firm of Anthony, Hoddick, Reinwald & O’Connor. By 1976 he had become a partner and focused on construction litigation. Then, in the early 1980s, he ran his own firm, Ezra, O’Connor, Moon & Tam, where he did financial-services litigation.
"I always wanted to be a lawyer," he says today. "I have always been impressed by the profession. Most of the people that I work with are terrific. Like me, I think they see a chance to really help people."
In 1988, Ezra was appointed to the U.S. District Court, becoming the youngest federal judge in Hawai‘i history. Ezra today often travels to the Mainland to deal with complex litigation, at the behest of the 9th Circuit Court and the U.S. Supreme Court, which is separate from his Hawai‘i duties.
But Hawai‘i holds a warm spot for Ezra. He serves as an adjunct professor at the UH law school, and he is a trustee of his alma mater, St. Louis. A large landscape painting of the northern reaches of the Wai‘anae Range and Ka‘ena Point hangs behind his desk, while his computer screen-saver is decorated with palm trees.
"Hawai‘i is a unique community that has very special legal issues," Ezra explains. "Land issues are very big —I’ve ruled on a few — as are sovereignty issues."
Ezra is married with three grown daughters, but he declines to share much information about them. As a private citizen — "I go to the store, I go to ball games, just like everybody else" — he cherishes his privacy.
Ezra also displays a certain modesty. "I can be short with people sometimes," he admits with a smile. "I have bad days — I’m sure my clerks could tell you that. I’m much less than perfect."...
Ezra says he’s not a strict interpreter of the Constitution, either, though he greatly respects Supreme Court Judge Antonin Scalia, a strict Constitutionalist.
"What does concern me is when people misrepresent the judicial system," says Ezra. "I think that people should understand that judges can only react to the cases that are brought before them, and that they must operate within the context of that case. ... We can’t just go out and make new laws."
This leads to a personal frustration for Ezra.
"Ironically, judges must often suppress their own freedoms of speech on certain legal issues so as not to jeopardize a case. But the public has a right to expect a federal judge to be above the fray. It’s like being in the eye of a hurricane — you must stay calm and keep your own, personal opinions in check."
The Book of Ezra
Judge David Ezra has ruled on a wide range of issues, ranging from the profound to the mundane:
Former Honolulu developer Sukamto Sia is arrested at Restaurant Row after violating terms of his bail in a bankruptcy trial just a day after he had been released following a dressing-down from Ezra. "I have no intention of dilly-dallying around," Ezra says at the time, although he later allows the financier to stay confined to a luxury condo.
Ezra rules that Kaka‘ako Chevron gas station dealer Frank Young cannot have his lease and company contract terminated by Chevron, simply because Young has been an outspoken critic of Chevron, which had sued Young.
Ezra finds the state of Hawai‘i in contempt for not substantially improving special-education services as determined in the 1994 Felix Consent Decree. The state currently has until December 31, 2001, to come into compliance.
Ezra dismisses the Rice vs. Cayetano decision from any further federal jurisdiction, ending a three-and-a-half year lawsuit that opened up the Office of Hawaiian Affairs’ elections to all voters. In essence, Ezra agrees with the U.S. Supreme Court’s Feb. 23 ruling on Rice, though Ezra had ruled against Freddy Rice in 1997, a ruling that was affirmed by the 9th Circuit Court of Appeals in 1998 but was overturned by the U.S. Supreme Court earlier this year.
Ezra rules that Big Island hemp and marijuana advocate Aaron Anderson’s civil-rights lawsuit against Hawai‘i County may include evidence of profits lost in his hemp business when police arrested him for possession of marijuana and confiscated his plants. Anderson later wins his case.
Ezra orders the Hawai‘i State Hospital to comply with a court agreement governing the hospital, or face takeover by the federal court. A court-appointed monitor is named. "We owe it to the people of Hawai‘i, to our sense of humanity and to the law to do what is right," Ezra says at a hearing in the matter.
Ezra helps broker an agreement between International Longshore and Warehouse Union Local 142 and the Hawai‘i Employers Council to avoid a shutdown of the docks. "The children of Hawai‘i will be happy to receive their Christmas trees in time," says Ezra.
Ezra refuses to block the Cassini mission, a rocket fired from Cape Canaveral, Florida, bearing 72 pounds of plutonium, which will fly over the Hawaiian Islands. "Nothing is risk-free," he argues.
Ezra agrees with seven companies that sued the state over a new law that requires private employers to extend health benefits to reciprocal beneficiaries, many of them gay couples, finding that the state law clashed with federal law.
Ezra determines that the 1996 vote on a Constitutional Convention was fundamentally flawed — voters could not have foreseen that blank votes would be counted as "no" votes — and orders a new election. The Con Con measure was defeated in 1998. Also rejects claims by Perfect Title Co. that challenged a land conveyance for a federal detention center. Ezra calls "reckless" and "ludicrous" the defendants’ argument that the issue had to do with Hawaiian sovereignty and 19th-century Hawaiian Kingdom law.
Ezra rules as unconstitutional a 20-year ban on fixed outdoor political signs. "It’s a restriction on freedom of speech," he says.
~ ~ ~
Samizdat, Part 1
Militia Movement Enters Stage Right
By Dan Yurman
During the winter of 1995 Idaho's militia movement discovered new fields of opportunity for its political agenda, which took it well beyond its original focus on 2nd amendment issues involving the right-to-keep-and- bear-arms. Litigation and controversies over saving salmon and wolves on public lands under the provisions of the Endangered Species Act radicalized many Idaho citizens. It made them easy prey for someone with messages of what to fear and who to blame.
State elected officials offered symbolic promises of relief, but also courted the militia as possible shock troops for the radical right-wing of the Republican party. Some politicians were more adept than others at avoiding accountability for bringing extremism into mainstream politics. The cloak of ambiguity fit too well in several instances, but others, like the state's superintendent of education, decided it didn't suit them.
Environmental Suit Over Fish Puts 4,000 People Out of Work
Unfocused Anger Seeks a Lens; the Militia Offers One
Dateline -- Challis, ID - 01/22/95
Thousands of people in Idaho became unemployed with one stroke of the pen from U.S. District Court Judge David Ezra who January 9th ruled on a suit brought by the Sierra Club Legal Defense Fund and the Wilderness Society to save an endangered species of salmon. In his decision the Hawaii District Judge ordered all grazing, logging, mining and road-building activities on public lands in central Idaho must be halted until further notice to protect endangered salmon.
Over 4,000 people could lose their jobs representing $83 million in annual payroll. The decision created a storm of protest. The injunction radicalized area residents, released huge amounts of unfocused anger, and left many vulnerable to messages of what to fear and who to blame.
Some of those affected by the injunction threatened violent action as a means to oppose it. Idaho's growing militia movement sought to exploit the situation by sending its key organizers to Challis, ID, to focus this rage on its "new world order" conspiracy theories and to gain new members. Idaho's state and federal elected officials reacted to the suit offering up largely symbolic promises of relief from the injunction....
~ ~ ~
Judge David Ezra is expected to testify regarding his professional, personal and social relationships with Lissa Andrews, Earl Anzai, Lyn Anzai, Susan Tius, Guido Giacometti, Parker Ranch, Sukamto Sia, June Jones, John Goemans; Freddie Rice; Matsuo Takabuki, Henry Peters, Gerard Jervis, Richard Wong, Lokelani Lindsey, Haunani Apoliona, Clayton Hee, Oswald Stender, J. Douglas Ing, Constance Lau, Diane J. Plotts, Francis Keala, Michael Chun, Ronald Libkuman, Robert K.U. Kihune, Nainoa Thompson; Bishop Museum; Mark Polivka; Donald Duckworth; Fred Kraus; Janet Hughes, IRS; George Ariyoshi, John Waihee; Benjamin Cayetano; Colbert Matsumoto; Louise Ing; Paul Alston, Alston Hunt Floyd & Ing; Hamilton McCubbin; Nathan Aipa; Colleen Wong; Louanne Kam; Michael Chun; Larry Johnson; Bank of Hawaii; Donna Tanoue; Gilbert Tam; Sandwich Isles Communications, Summit Communications; William S. Richardson; Marsh & McLennan; P&C Insurance Co.; XL Insurance Co.; Rey Graulty; Gary Rodrigues; James Duffy; John Marshall; Judge Patrick Yim; Wayne Metcalf; J.P. Schmidt; Guido Giacometti; Sukamto Sia; David Chesnoff; Margery Bronster; Irene A. Anzai; Carol Richelieu, David Fairbanks; Jeffrey Watanabe; Michael Tanoue; Dan Inouye; Daniel Akaka; Robert Bennett; Robert Katz; Steven Guttman; Alan Ma; Judith Neustadter Fuqua; University of Hawaii Foundation, Al Hoffman, Larry Kuriyama, Larry Mehau, Judge Harold Shintaku, Rocco Sansone, Marsh & McLennan, Richard “Dickie” Stevens, Charles Marsland, Rick Reed, Tony Rutledge, Anthony Pounders, EG&G Technical Services, Robert Fishman, Martin Frankel, Carlyle Group, Linda Lingle, Bob Awana, Daniel Kihano, Hale Nani Partners, Kathleen Sullivan, Jeffrey Portnoy, Peter Carlisle, University of Hawaii Environmental Law Program, Melinda Ching, The Nature Conservancy, The Hawaii Nature Conservancy, Clifton S. Corey, Sherry Broder, Haunani Apoliona, Office of Hawaiian Affairs, Carol Muranaka, Judge Mary Schroder, Edward Halealoha Ayau, Judge Alan Kay, Judge Michael Seabright, Judge Colleen Hirai, Judge Alan Kay, Judge Michael Town, Judge James Duffy, Judge Rey Graulty, James Nicholson, David C. Farmer, Steven Guttman, James Cribley, Daniel Case, Ronald Reagan, Joseph Verner Reed, Jr., Dee Jay Mailer, Ruth Ann Becker, Guy Kaulukukui, Leslie Osborne , and others to be named upon discovery.
Zoominfo Profile for Bobby N. Harmon, CPCU
Bias Complaints / Motion to Recuse / Judicial Independence
Rice vs. Cayetano
RICO Lawsuit - 99-CV-00304-DAE-BMK
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