Sharron Gonzalez Cushman shared a post.
Clifford Kapono
THE LONG & WINDING ROAD
Paraphrasing: “Prosecution in their opening statement argues that the “Protectors” were organized in a collective effort to impede the forward progress of TMT on Mauna Kea and their collective scientific organization with intent, violates the law.”
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THE LONG & WINDING ROAD
Paraphrasing: “Prosecution in their opening statement argues that the “Protectors” were organized in a collective effort to impede the forward progress of TMT on Mauna Kea and their collective scientific organization with intent, violates the law.”
...Continue Reading
Clifford Kapono is with Wiley Kanak and Georgialynn Mapuana Irvine.
THE LONG & WINDING ROAD
Paraphrasing: “Prosecution in their opening statement argues that the “Protectors” were organized in a collective effort to impede the f...orward progress of TMT on Mauna Kea and their collective scientific organization with intent, violates the law.”
Paraphrasing: “Prosecution in their opening statement argues that the “Protectors” were organized in a collective effort to impede the f...orward progress of TMT on Mauna Kea and their collective scientific organization with intent, violates the law.”
Trial dates for those 38 arrested on July 17th for obstructing Mauna Kea Access Road if found guilt of a petty misdemeanor could be sentenced to 30 days jail time. “These defendants may have characterized their actions as kapu aloha and peaceful, but nonetheless it involved a plan, an organized plan, something that was calculated and basically something that was unjustified,” said deputy Attorney General Darrell Wong
So, prosecution will argue “intent” as their smoking gun. Judge Kanani Laubach has separated the 38 defendants into eight groups so for the next 8 weeks the start of trials for the rest of the groups will be on upcoming Fridays.The next trial date for this group of four is scheduled for May 29 approximately 5 months from their hearing date and approximately 10 months from date of arrest before their rights can be heard.
So whatʻs the bitch? NaKanaka have demonstrated their US Constitutional Rights to freedom of speech and expression which has been violated by evidence of their arrest and removal from Mauna Kea. Clearly these defendants right to a speedy trail is being violated with some kupuna having to wait 10 months of aggravation and stress before they can be heard is a violation of the right to a speedy trial clause of the 6th Amendment. Buy why the Mickey Mouse legalese in this case of “Intent” or premeditation, a circulous argument of “he said she said” with no direct clear foundational argument?
IMO, This push and shove continuous trial allegedly becomes abusive and malicious on the part of the AG knowing full well the Protectors rights have been violated. This argument of ”intent” is weak. What is intentional is a function of something done on purpose not unintentional. Prosecutionʻs charge is ludicrous, the Protectors have intentionally blocked TMT who has willfully, wantonly and recklessly sidestepped their responsibility in securing their necessary permits as alleged in concert with the University of Hawaiiʻs lease on land that the Protectors are beneficiaries as owners of the land. TMT in this instance become a sublessee who is leveraging their claim of scientific and community importance as a disinterested 3rd party without merit at the expense of the beneficiaries of the same land. WTF
Future outcomes found on the decision of the Third Circuit Court on this specific case will undoubtedly be appealed by either prosecution or defense which predictably might keep the Protectors off the mountain irrespective of their innocence simply because of the circulous legal process involved even as a misdemeanor being argued as criminal.
Herein, lies the real issue: “malicious abuse of power”. This case allegedly could go on for years which, IMO, is the strategy the AG is exercising. Hopefully the “Defense” in this case will leverage the testimonies discovered in this case for a more significant decision appealed at a higher court. Herein lies the new battle field for the Kiʻai. ʻe hoʻoimua makou eʻō
jus sayʻn©
See MoreSo, prosecution will argue “intent” as their smoking gun. Judge Kanani Laubach has separated the 38 defendants into eight groups so for the next 8 weeks the start of trials for the rest of the groups will be on upcoming Fridays.The next trial date for this group of four is scheduled for May 29 approximately 5 months from their hearing date and approximately 10 months from date of arrest before their rights can be heard.
So whatʻs the bitch? NaKanaka have demonstrated their US Constitutional Rights to freedom of speech and expression which has been violated by evidence of their arrest and removal from Mauna Kea. Clearly these defendants right to a speedy trail is being violated with some kupuna having to wait 10 months of aggravation and stress before they can be heard is a violation of the right to a speedy trial clause of the 6th Amendment. Buy why the Mickey Mouse legalese in this case of “Intent” or premeditation, a circulous argument of “he said she said” with no direct clear foundational argument?
IMO, This push and shove continuous trial allegedly becomes abusive and malicious on the part of the AG knowing full well the Protectors rights have been violated. This argument of ”intent” is weak. What is intentional is a function of something done on purpose not unintentional. Prosecutionʻs charge is ludicrous, the Protectors have intentionally blocked TMT who has willfully, wantonly and recklessly sidestepped their responsibility in securing their necessary permits as alleged in concert with the University of Hawaiiʻs lease on land that the Protectors are beneficiaries as owners of the land. TMT in this instance become a sublessee who is leveraging their claim of scientific and community importance as a disinterested 3rd party without merit at the expense of the beneficiaries of the same land. WTF
Future outcomes found on the decision of the Third Circuit Court on this specific case will undoubtedly be appealed by either prosecution or defense which predictably might keep the Protectors off the mountain irrespective of their innocence simply because of the circulous legal process involved even as a misdemeanor being argued as criminal.
Herein, lies the real issue: “malicious abuse of power”. This case allegedly could go on for years which, IMO, is the strategy the AG is exercising. Hopefully the “Defense” in this case will leverage the testimonies discovered in this case for a more significant decision appealed at a higher court. Herein lies the new battle field for the Kiʻai. ʻe hoʻoimua makou eʻō
jus sayʻn©
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