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By Linda Hosek
Although a federal judge tried to remove sovereignty politics from the criminal trial of sovereignty activists Dennis "Bumpy" Kanahele and Gordon Kaaihue, their attorneys threw the forbidden darts in their opening statements.
Hayden Aluli, Kanahele's attorney, yesterday described the three misdemeanor and felony charges against the leader of the self-proclaimed Nation of Hawaii before asking:
"Is this case really about criminal conduct or is it about the federal government's reaction to the Hawaiian sovereignty movement?"
Assistant U.S. Attorney Les Osborne objected to what would be one of numerous characterizations that crossed into sovereignty politics during the first day of the trial.
Federal Judge Helen Gillmor, who had spent 45 minutes before opening statements reiterating her rulings against political defenses, ordered the jury to disregard Aluli's comment.
Aluli modified his statement to eliminate sweeping presumptions about government intent but proposed that Kanahele's alleged criminal actions occurred within the context of his political beliefs.
He also succeeded in reading part of the so-called "Apology Bill" signed in 1993 by President Clinton into the record, priming the jurors to buy his defense that Kanahele was educating police officers, not obstructing them. Gillmor reminded jurors they could not view the federal bill as a justification or defense for a crime.
Federal authorities contend Kanahele and Kaaihue interfered with the serving of a warrant to fugitive Nathan Brown on Jan. 27, 1994.
They also said Kanahele harbored the fugitive and impeded federal marshals on March 16 from arresting Brown, who had evaded a 78-month sentence for tax fraud.
Gillmor yesterday also reined in Sidney Quintal, Kaaihue's attorney, for likening his plight to the way "Romans dealt with Jesus Christ" and the way that "South Africans dealt with Nelson Mandela."
Osborne called the similarities "preposterous" and Gillmor ordered Quintal to refrain from such metaphors.
But Quintal persisted, setting the trial in the context of Robin Hood and saying the "evil sheriff" would take the stand."
After Osborne objected, Quintal protested, saying he could describe U.S Marshal Annette Kent as the "evil sheriff."
Quintal said the government didn't really want Brown in custody but used him to pursue Kanahele and Kaaihue.
Osborne set the government's stage by describing Kanahele as a man who disregards the law and the safety of others. He said Kanahele and Kaaihue positioned themselves between police Officer Thomas Carreiro and Brown in January 1994, when Carreiro tried to arrest the fugitive near Laie.
Kanahele belligerently said he couldn't allow the arrest, Osborne said.
He said Kanahele also stood in the way of federal marshals in March when they saw Brown leave a van and race into Kanahele's Waimanalo home. Aluli said Kanahele didn't hear the marshal identify himself and didn't want to let a stranger into his house.
Carreiro testified that after spotting fugitive Brown at a Jan. 27 Laie meeting, he and five other officers -- most in street clothes -- pulled over Brown's car about a mile from the meeting. He said he identified himself as an officer and said he had to arrest Brown on a warrant.
Carreiro said about 20 people came out of two vans that also pulled off Kamehameha Highway with Brown. He said Kaaihue and Kanahele approached him, and Kanahele eventually handed him a copy of the "Apology Bill."
Carreiro said he decided not to arrest Brown, in part because Kanahele said he and Brown planned to beet with federal officials in the near future.
But Carreiro told Kanahele: "OK, my friend, you and Nathan better make it to that meeting or things are only going to get worse."
"Is this case really about criminal conduct or is it about the federal government's reaction to the Hawaiian sovereignty movement?"
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