The news on the Hawaiian Thirty-Meter Telescope (TMT) in which UC has an interest keeps coming. Protesters who blocked construction three years ago had the charges against them dismissed on technical grounds. It remains to be seen whether charges will be refiled. As our recent postings on this topic indicate, the state authorities in Hawaii seems split on the issue with members of the legislature opposing the telescopes and in conflict with the University of Hawaii.* The net result is political paralysis.
Judge dismisses charges against TMT protesters arrested in 2019
Saturday, April 2, 2022, West Hawaii Today
Hilo District Judge Kanani Laubach on Friday dismissed obstruction charges against the remaining defendants who were among 38 arrested or cited on July 17, 2019, during peaceful protests of the Thirty Millimeter Telescope on Maunakea Access Road.
Those arrested were: Walter Ritte, Loretta Ritte, Abel Lui, Liko-o-Kalani Martin, Deborah Lee, Maxine Kahaulelio, Kelii Ioane, Raynette Robinson, Marie Alohalani Brown, Kaliko Lehua Kanaele, James Naniole, James Albertini, Richard L. Deleon, Renee Price, Pualani Kanakaole Kanahele, Daniel Li, Patricia Green, William K. Freitas, Tomas Belsky, Ana Kahoopii, Daycia-Dee Chun, Flora Hookano, Desmon Haumea, Linda Leilani Lindsey-Kaapuni, Edleen Peleiholani, Gene Burke, Luana Neff, Carmen Hulu Lindsey, Deena Oana-Hurwitz, Noenoe Wong-Wilson, Damian Trask, Mililani Trask, Mahea Kalima, Donna Leong, Haloley Reese, Sharol Awai, John Turalde and Alika Desha.
Ages and hometowns of those arrested were not provided by the state Department of Land and Natural Resources, but the majority are considered to be kupuna, or elders. They were among thousands protesting the planned construction of the $2.4 billion next-generation telescope on Hawaii’s highest peak, a site some Hawaiians consider to be sacred.
The findings of fact and conclusions of law signed and filed by Laubach state the amended complaints in the case are defective as they contain only the signature of the prosecutor and not a signed, sworn affidavit of the complainant, which would be the officer who initially cited and/or arrested the protesters. Those requirements were upheld by the Hawaii Supreme Court in the 2021 case of Thompson v. Hawaii. The judge scheduled a hearing for April 29 to decide whether the dismissals would be without prejudice, which would allow prosecutors to refile charges, or with prejudice, which would not allow refiling of the charges.
Opponents of the proposed observatory, who refer to themselves as “kia‘i,” or protectors of the mountain, successfully blockaded the road and maintained a presence at its intersection with Daniel K. Inouye Highway until the novel coronavirus pandemic hit Hawaii.
The state Attorney General released a statement in response:
“While disappointing, today’s ruling was not unexpected in light of the recent state supreme court case, State v. Thompson. This decision applies to all complaint cases, not just to these cases, and today’s ruling merely states that the procedure in filing the complaints was flawed, based on the Supreme Court’s interpretation in the Thompson case. They were dismissed on a technical basis and are not rulings on the merits of the cases. The covid pandemic made it difficult to proceed to trial (e.g. high-risk/elderly defendants, inter-island quarantine for witnesses and attorneys) in a timely fashion. To the extent we were able to proceed to trial and litigate the case on its merits, in two separate trials, the judge found 3 defendants broke the law beyond a reasonable doubt on July 17, 2019 when they participated in completely blocking Mauna Kea Access Road to prevent the start of the Thirty Meter Telescope construction. Two other defendants pled guilty. The court has deferred ruling on whether the dismissals will be with or without prejudice, so it is premature to indicate our intentions on how we will proceed, however the Department of the Attorney General remains committed to enforcing and upholding the rule of law.”
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*http://uclafacultyassociation.blogspot.com/2022/04/tmt-issues-seem-linked-to-other.html.
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