OK, kind of a rant here, but it's as late at night for you as it is for me. Iʻm thinking about how really weird and twisted some things are here in Hawaii:
- We take as our state motto -- Ua mau ke ea o ka 'āina i ka pono -- which proclaimed by Kauikeaouli, King Kamehameha III, denies the very existence of the State of Hawaii (hereʻs part of a video by Umi Perkins explaining that point);
- And mindful that he would no doubt object to the imposition of foreign rule and an alien legal system on his nation, we name the District Court after him anyway (Kauikeaouli Hale);
- We declare Hawaiian as well as English an official language of the State, and although we give government buildings and streets Hawaiian names, we donʻt require any further familiarity with the language or culture, even for government officials and judges;
- We enshrine the Law of the Splintered Paddle, Kamehamehaʻs Kānāwai Māmalahoe, into the State Constitution, but donʻt require the State, its police, or its courts to possess any familiarity with it or understand it or have any intention of following it.
We also have panel discussions at the law school about how non-Hawaiians can support the Hawaiian Sovereignty movement without the concept of legal support to Hawaiians coming up except only peripherally. But thatʻs not a bullet point here because thatʻs a whole other post in the near future.
So, for the record, I present a short video: Hawaiian activist Laulani Teale reciting the Kānāwai Māmalahoe in court as the introduction to her closing argument in defense of the charges against her (November 15, 2012). She also translates it for the benefit of the court:
The complete closing arguments and the judgeʻs guilty verdict are in links below.
So, yes, the verdict was guilty, favoring testimony of City & County employees exclusively over video contradicting that testimony. And yes, Teale had to represent herself after finding no attorney willing to represent her. And yes, she will be appealing but has not yet found an attorney willing to help her.
None of this makes sense to me, but I guess that is the theme of this post.
H. Doug Matsuoka
10 December 2012
For more info about Laulani Teale and her the circumstances surrounding the case, click this DougNote search link (this story will be at the top for now).
Video: Part 1 of closing arguments (30:44)
Video: Part 2, closing arguments and judgeʻs verdict (16:01)
Video: Skip directly to judgeʻs verdict at (15:04)
[Update: Received this from Laulani late last night:]
Mahalo, Doug! You nailed it on the irony of the State. And mahalo so much for all your awesome assistance with all of this! Mahalo too to the many others who helped as well - some attorneys among them, to be sure. You are all so wonderful!
I do want to be clear that I did not really go looking for representation during this phase of trial. I did need procedural advice at certain points; sometimes people helped amazingly with this, and sometimes I got notably blown off by most of the "law" world (by no fault of the individual attorneys who tried their best to help when they could). But that is part of the point here, too. At the point where no recourse to justice exists, Kānāwai Māmalahoe is in full effect.
Kānāwai Māmalahoe started with an ordinary fisherman taking the law, literally, into his own hands to protect himself from government abuse when nothing else could be done, and his right to do so was validated and ceremonially sanctified in a way that cannot be broken. This is because it speaks to a universal law of humanity, and was set into Kānāwai with the power to break government itself.
I likewise needed to address Mr. Carlisle due to his heinous abuse of the common people, including myself. Why did everyone in the government seem to believe I really intended to hit him with my pū (which I certainly would not have done, and showed no evidence of wanting to on video)? Perhaps it is because they all know the law just a little better than they let on.
It was important for me to address the court in the same way, with my own hands and voice. While I think I was pretty thorough in addressing the many applicable statutes, ordinances, rules and constitutional mandates they were bound to follow, as well as in clarifying their fundamental lack of sovereign authority due to the illegality of U.S. occupation, my main point was very simple: your abuse of the people needs to stop, here and now. If your government will not recognize this here in its own ceremony of court, then the law is clear: hewa nō, make.
I needed to speak that truth in their temple.
All that being said, yes, I am looking for legal advice, at least, in moving forward through the appeal process. I may also have some paintings for sale soon, as the transcripts are extremely long and expensive. Please stay tuned!
posted by Laulani : December 10, 2012 11:31:00 PM HST