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Hawaii Delegation Introduces Legislation to Protect Drinking Water and Improve Red Hill Fuel Storage Facility

The Hawai‘i congressional delegation introduced legislation to ensure the Navy, Defense Logistics Agency (DLA), and Environmental Protection Agency (EPA) meet their obligations to the State of Hawai‘i to protect drinking water and improve the Red Hill Bulk Fuel Storage Facility on Oahu.

Inside one of the Red Hill fuel tanks.

“The EPA, the Navy, and the State agree that protecting the aquifer that supplies Oahu’s drinking water is essential,” said U.S. Senator Brian Schatz (D-Hawai‘i). “Our bill firms up that commitment into federal law by making sure the agencies responsible for improving Red Hill have the federal funding they need to implement the actions that are agreed to.”

“Red Hill is critical military infrastructure and we want the Navy to succeed in successfully remediating environmental concerns associated with past fuel leaks above Oahu’s aquifers,” said U.S. Representative Colleen Hanabusa (HI-01). “Working together, this will be a win-win for military readiness and Oahu residents.”

“Completing the necessary infrastructure upgrades at Red Hill Fuel Facility will safeguard our water and environment, while also protecting a critical asset to our national security,” said U.S. Senator Mazie K. Hirono (D-Hawai‘i). “Providing budget flexibility and conducting strict oversight of EPA and DOD’s progress towards meeting their commitments is an appropriate way to stretch a short supply of critical federal dollars.”

“These fuel storage tanks sit above aquifers that provide drinking water for up to 30% of Oahu’s residents,” said U.S. Representative Tulsi Gabbard (HI-02). “It’s essential the Department of Defense commit the necessary resources to eliminate any threat these tanks pose to our most precious resource – water.”

The legislation, written and introduced by U.S. Senator Brian Schatz, ensures the Navy, DLA, and other federal agencies charged with protecting Oahu’s drinking water from fuel leaks follow a set of actions the agencies agreed to take following the January 2014 leak of jet fuel from the Red Hill facility. The Navy’s investigation of the January 2014 leak determined that it was the result of contractor error. In September 2015, the Navy, DLA, and EPA entered into an Administrative Order on Consent/Statement of Work (AOC/SOW) with the State of Hawai‘i’s Department of Health (DOH). That agreement establishes a roadmap for how the Navy and DLA will protect Oahu’s drinking water from future fuel leaks by making improvements to Red Hill, including the fuel tanks. The bill requires the Department of Defense, which includes the Navy and DLA, and the EPA to include the necessary funding in their respective budgets to make the improvements identified in the agreement.

U.S. Representative Colleen Hanabusa (HI-01) introduced companion legislation in the House of Representatives.

Two Men Indicted for Attempted Murder of Kauai Police Officers – One Still at Large

Attorney General Doug Chin announced that a Kauai grand jury yesterday indicted Kalei Hiilei Goodwin and Kanbert A.T. Alapai for the attempted murder of three Kauai police officers while in the performance of their official duties. On February 9, 2017, Goodwin and Alapai, while driving separate vehicles during the same incident, allegedly attempted to run over Officers Brian Silva, James Rodriguez, and Kapena Wilson.

Kalei Goodwin, left, and Kanbert Alapai

Attorney General Doug Chin said, “Our police officers put themselves on the front line every day to keep us safe. If their lives are ever threatened, the law demands severe consequences.”

Attempted murder of a law enforcement officer is punishable by life imprisonment without the possibility of parole.

In addition to the attempted murder charges, the grand jury indicted Goodwin for resisting an order to stop a motor vehicle. Goodwin and Alapai were also indicted for drug offenses.

Alapai is currently in custody and his bail has been set at $250,000. Goodwin is still at large. A warrant has been issued for Goodwin’s arrest with bail set at half a million dollars ($500,000.00). Goodwin is 31 years old, 5’3” tall, weighs approximately 175 pounds, and has brown eyes and black hair. A photograph of Goodwin is attached. Anyone with information that could help locate Goodwin should call the Kauai Police Department dispatch line at (808) 241-1711 or Kauai CrimeStoppers at (808) 246-8300.

Each defendant is presumed innocent unless and until he is found guilty beyond a reasonable doubt.

Six Foot Iguana Found on Oahu While Doing Yard Work

A six-foot-long iguana was turned in on Sunday by a resident in Waimanalo who found the lizard while doing yard work. The resident contained the animal and called the State’s toll-free Pest Hotline at about noon and inspectors from the Hawaii Department of Agriculture (HDOA) picked up the iguana later that afternoon.

When fully grown, iguanas may reach up to six feet in length from head to tip of tail. Its tail is quite powerful, acting as a dangerous weapon in fending off enemies. Iguanas are native to central Mexico through South America and are typically vegetarians, but are known to disturb bird nestlings and feed on eggs.

Although they are believed to be established in some areas on Oahu, it is illegal to import, possess or transport iguanas in Hawaii. Persons possessing illegal animals are subject to stiff penalties, including fines of up to $200,000 and up to three years in prison.

Anyone with information on illegal animals should call the state’s toll-free PEST HOTLINE at 643-PEST (7378). Individuals who have illegal animals are encouraged to turn them in under the state’s amnesty program, which provides immunity from prosecution. Illegal animals may be turned in to any HDOA Office, municipal zoo or Humane Society – no questions asked and no fines assessed.

Hawaii Senate Committee Passes Medical Aid in Dying Bill

In the hearing today by the Senate Committee on Commerce Consumer Protection (CPH), SB1129 SD1 was passed with amendments that would establish a medical aid in dying act under which a terminally ill adult resident may obtain a prescription for medication to end the patient’s life.

SB1129 SD1 is modeled on the Oregon statute and includes safeguards to protect patients from misuse.  These safeguards include confirmation by two providers (physicians and APRN’s) of the patient’s diagnosis, prognosis, mental competence, and voluntariness of the request; multiple requests by the patient: an oral request followed by a signed written request that is witnessed by two people, one of whom must be unrelated to the patient, and a subsequent oral restatement of the request; and two waiting periods between the requests and the writing of the prescription.  At all times the patient retains the right to rescind the request and is under no obligation to fill the prescription or ingest the medication.  Amendments include authorizing APRN as a consulting provider and allowing state identification cards as an acceptable document to prove residency in the State of Hawai‘i.

More than 300 people had signed up to testify on the bill, many which were emotional and thought-provoking both in support and in opposition of the measure.

“This measure is simply one that gives people a choice in end of life care,” said CPH Chair Sen. Rosalyn Baker (Dist. 6 – South and West Maui), “We have wonderful laws on the books with regards to palliative care and setting out their wishes for treatment, resuscitation and the like in an advance healthcare directive. But I think people want that ultimate choice if they have a debilitating, terminal illness and would like to have some control over their last days of life.  This is what SB1129 allows them to do.”

SB1129 SD1 has been referred to the Senate Committee on Judiciary and Labor (JDL).

Hawaii Department of Health Approves Pono Life Sciences Maui LLC to Acquire and Cultivate Medical Marijuana

The Hawaii State Department of Health (DOH) today issued a Notice to Proceed to Acquire and Cultivate Marijuana to Pono Life Sciences Maui LLC for their production center on Maui. Pono Life Sciences Maui is the fourth licensee to receive notice from the state and the second Maui licensee to meet all requirements to begin growing marijuana.

Pono Life Sciences Maui is now authorized to acquire and grow marijuana seeds, clones and plants, for the purpose of providing marijuana and marijuana products to qualified patients registered with the department’s Medical Marijuana Patient Registry Program. This month, in addition to Pono Life Sciences Maui, DOH issued Notices to Proceed to Maui Grown Therapies, Aloha Green Holdings, and Manoa Botanicals for production centers on Maui and Oahu.

To receive a Notice to Proceed from DOH, dispensary production centers must comply with statutory and regulatory requirements that include building a secure, enclosed indoor facility; operating a computer software tracking system that interfaces with the state’s system and submits current inventory data of all marijuana seeds, plants and manufactured products in the production center; and authorization from the Narcotics Enforcement Division of the Hawaii State Department of Public Safety.

More information on the Medical Marijuana Dispensary Program is available at http://health.hawaii.gov/medicalmarijuanadispensary/

A total of eight medical marijuana dispensary licenses were issued in April 2016. Three dispensary licenses for the City and County of Honolulu were issued to Aloha Green Holdings, Inc.; Manoa Botanicals, LLC; and TCG Retro Market 1, LLC dba Cure Oahu. Two licenses for the County of Hawaii were issued to Hawaiian Ethos, LLC and Lau Ola, LLC. Two licenses for the County of Maui were issued to Maui Wellness Group, LLC and Pono Life Sciences Maui, LLC. One license for the County of Kauai was issued to Green Aloha, Ltd.

Each dispensary licensee is allowed to operate two production centers and two retail sites for a total of 16 production centers and 16 retail dispensary locations statewide. Each production center may grow up to 3,000 marijuana plants.

Hawaii Travel Ban Lawsuit Adds Religious Freedom Claim

Attorney General Doug Chin announced today that Hawaii federal judge Derrick K. Watson has partially lifted the stay he placed last week on Hawaii’s travel ban lawsuit. This action by Judge Watson allows Dr. Ismail Elshikh, a U.S. citizen and Hawaii resident, to join Hawaii’s case against the President’s Executive Order banning travel from seven Muslim-majority nations and suspending the nation’s refugee program.

Click to read lawsuit

Judge Watson also allowed Hawaii to add a new count, alleging violations of the federal Religious Freedom Restoration Act. The Act prohibits the federal government from substantially burdening the exercise of religion, even if the burden results from a rule of general applicability.

The stay Judge Watson issued last week remains in place for all other purposes, so long as the nationwide injunction against implementation of the President’s Executive Order, signed on January 27, 2017, remains in place. On Friday, February 10th, a 3-0 decision from the Ninth Circuit Court of Appeals allowed the nationwide injunction to remain in place.

Attorney General Chin added, “President Trump’s executive order imposes a substantial burden on the exercise of religion. Freedom of religion is one of the most important rights and values for citizens in this country, no matter what religion that is. The additional claim in our complaint protects that right.”

A copy of the first amended complaint in Hawaii v. Trump is attached.

Chief Justice Seeks Public Comment on Judicial Nominees

Chief Justice Mark E. Recktenwald announced today that he is seeking public comment on judicial nominees for three vacancies in the District Court of the First Circuit (Island of Oahu) as a result of the retirement of Judges Gerald H. Kibe, David W. Lo, and Barbara P. Richardson.

Chief Justice Mark E. Recktenwald

The names submitted for these vacancies by the Judicial Selection Commission, in alphabetical order, are:

Thomas J. Brady
Mr. Brady is currently employed as Assistant U.S. Attorney with the Office of the U.S. Attorney for the District of Hawaiʻi.  Brady is a graduate of George Washington University National Law Center and was admitted to the Hawaiʻi State Bar in 1987.

Brian A. Costa
Mr. Costa is currently employed at Costa & DeLacy, LLLC, and serves as a Per Diem Judge of the District Family Court of the First Circuit.  Costa is a graduate of the University of Hawaiʻi William S. Richardson School of Law and was admitted to the Hawaiʻi State Bar in 2001.

Jessi L.K. Hall
Ms. Hall is currently employed at Kleintop & Luria, LLP.  Hall is a graduate of Oklahoma City University School of Law and was admitted to the Hawaiʻi State Bar in 1999.

Jeffrey A. Hawk
Mr. Hawk is currently employed at the Law Office of Jeffrey A. Hawk, and serves as a Per Diem Judge of the District Family Court of the First Circuit.  Hawk is a graduate of the University of Hawaiʻi William S. Richardson School of Law and was admitted to the Hawaiʻi State Bar in 1997.

Darolyn H. Lendio Heim
Ms. Lendio Heim is currently employed at McCorriston Miller Mukai MacKinnon, LLP.  Lendio Heim is a graduate of the University of California at Berkeley, Boalt Hall School of Law and was admitted to the Hawaiʻi State Bar in 1984.

Timothy E. Ho
Mr. Ho is currently employed as Chief Deputy Public Defender with the State of Hawaiʻi Office of the Public Defender.  Ho is a graduate of the University of Hawaiʻi William S. Richardson School of Law and was admitted to the Hawaiʻi State Bar in 1987.

Chastity T. Imamura
Ms. Imamura is currently employed as Deputy Prosecuting Attorney with the Department of the Prosecuting Attorney in Honolulu.  Imamura is a graduate of the University of Hawaiʻi William S. Richardson School of Law and was admitted to the Hawaiʻi State Bar in 2002.

Craig W. Jerome
Mr. Jerome is currently employed as Assistant Federal Public Defender with the Office of the Federal Public Defender for the District of Hawaiʻi.  Jerome is a graduate of the University of Hawaiʻi William S. Richardson School of Law and was admitted to the Hawaiʻi State Bar in 2007.

Tana K. Kekina-Cabaniero
Ms. Kekina-Cabaniero is currently employed as Deputy Prosecuting Attorney with the Department of the Prosecuting Attorney in Honolulu.  Kekina-Cabaniero is a graduate of the University of Hawaiʻi William S. Richardson School of Law and was admitted to the Hawaiʻi State Bar in 1995.

Trish K. Morikawa
Ms. Morikawa is currently employed at Gallagher Kane Amai and serves as a Per Diem Judge of the District Family Court of the First Circuit.  Morikawa is a graduate of the University of Hawaiʻi William S. Richardson School of Law and was admitted to the Hawaiʻi State Bar in 1995.

Kevin T. Morikone
Mr. Morikone is currently employed with Hosoda & Morikone, LLC, and serves as Per Diem Judge of the District Family Court of the First Circuit.  Morikone is a graduate of the University of Hawaiʻi William S. Richardson School of Law and was admitted to the Hawaiʻi State Bar in 2007.

Alvin K. Nishimura
Mr. Nishimura is currently employed at Alvin Nishimura, Attorney at Law, and serves as a Per Diem Judge of the District Court of the First Circuit.  Nishimura is a graduate of the University of Hawaiʻi William S. Richardson School of Law and was admitted to the Hawaiʻi State Bar in 1985.

Jonathan L. Ortiz
Mr. Ortiz is currently employed at Ortiz & Katano.  Ortiz is a graduate of George Washington University Law School and was admitted to the Hawaiʻi State Bar in 1978.

Rowena A. Somerville
Ms. Somerville is currently employed as a Hearings Officer with the State of Hawaiʻi Department of Commerce and Consumer Affairs.  Somerville is a graduate of the University of Hawaiʻi William S. Richardson School of Law and was admitted to the Hawaiʻi State Bar in 1996.

Because the Chief Justice has the discretion to assign judges to the district or district family court calendar, comments about the qualifications and character of any of the nominees with regard to either calendar assignment may be sent, in writing, to:

Chief Justice Mark E. Recktenwald
Supreme Court of Hawaiʻi
417 S. King Street
Honolulu, HI 96813

Fax: 808-539-4703
Email: chiefjustice@courts.hawaii.gov

Comments must be post-marked, emailed, faxed, or hand delivered no later than Friday, February 24, 2017.  All comments will be kept confidential.

The individuals selected by the Chief Justice are subject to Senate confirmation.

Former Professional Midget Wrestler Goes Missing on the Big Island of Hawaii

Hawaiʻi Island for police are searching a 56-year-old Keaʻau man who was reported missing.

Curtis Dudoit

Curtis Dudoit (AKA Coconut Kid and Coconut Willie) was last seen Tuesday (February 7) in the Orchidland subdivision in Keaʻau.

He is described as 4-foot-7, 154 pounds with a muscular build and black hair in a crew cut. He has a tribal-style tattoo on his left bicep and the word “Molokai” tattooed across his back. He was last seen wearing a black tank-top, blue jeans and white slippers.

Dudoit was known as  Coconut Willie and Coconut Kid during his professional wrestling career where he wrestled locally in the “midget circuit” back when professional wrestling was real popular in the Hawaii Islands.

From Dudoit’s Facebook page.

Online World of Wrestling posted the following profile of Coconut Willie:  http://www.onlineworldofwrestling.com/profiles/midgets/coconut-willie.html
Police ask anyone with any information on his whereabouts to call the Police Department’s non-emergency line at 935-3311.

Tipsters who prefer to remain anonymous may call the islandwide Crime Stoppers number at 961-8300 and may be eligible for a reward of up to $1,000. Crime Stoppers is a volunteer program run by ordinary citizens who want to keep their community safe. Crime Stoppers doesn’t record calls or subscribe to caller ID. All Crime Stoppers information is kept confidential.

Big Island Police Renewing Request for Information on Unsolved 1997 Murder

Hawaiʻi Island police are renewing their request for information about an unsolved murder from 1997.

Sean Burgado

On May 21, 1997, the body of 27-year-old Sean Burgado was discovered in his home on Malaʻai Road in the upper Waiākea Uka area. An acquaintance of the victim was contacted by Burgado’s employer, who grew concerned about him after he failed to show up for work several days with no explanation.

Burgado was working at a health care facility at the time of his death and was last seen leaving work at the end of his shift during the evening of May 19, 1997.

An autopsy determined that he died from a gunshot wound. His death was ruled a homicide.

Police ask anyone with information about this case to contact Detective Derek Morimoto at 961-2380 or derek.morimoto@hawaiicounty.gov.

Tipsters who prefer to remain anonymous may call the islandwide Crime Stoppers number at 961-8300 and may be eligible for a reward of up to $1,000. Crime Stoppers is a volunteer program run by ordinary citizens who want to keep their community safe. Crime Stoppers doesn’t record calls or subscribe to caller ID. Crime Stoppers information is kept confidential.

Coast Guard Responds to Increase in Illegal Lava Boat Charters on Big Island

In the last 24 hours, the Coast Guard has identified two tour boats operating illegally out of Pohoiki Boat Ramp and is ramping up enforcement in response to a perceived increase in illegal charters operating in the area to view lava streaming into the ocean from Hawaii’s Kilauea volcano.

The “firehose flow” at Kīlauea Volcano’s Kamokuna ocean entry was clearly visible from the public lava viewing area established by Hawaiʻi Volcanoes National Park. The viewing area is 800 meters (about one-half mile) from the ocean entry, but affords excellent views of the lava flow.

“Safety is always our top priority,” said Capt. David McClellan, chief of prevention, Coast Guard 14th District. “For boat operators, it is important to maintain situational awareness and not unnecessarily put yourself, your passengers or your boat in danger. For visitors, it’s important they check that their hired boat operators are licensed ensuring they possess the experience and training required to get them to the viewing area and back safely.”

Commercial tour boat and charter operators must possess the appropriate merchant mariner credential to operate. Masters of commercial charters operating in state waters are also required by the State of Hawaii to have a permit from the Department of Land and Natural Resources and to keep that permit on the vessel.

For vessels carrying six or fewer passengers for hire, the operator must possess a Coast Guard-issued operator of uninspected passenger vessel license and operate on near coastal waters not more than 100 miles offshore, as defined in 46 U.S.C. 2101 (42)(B).

For vessels carrying seven or more passengers for hire on vessels less than 100 gross tons (not including auxiliary sail), the operator must possess a Coast Guard-issued master of self-propelled vessel license to operate on near coastal waters. The vessel must also have a Coast Guard-issued certificate of inspection posted in a visible location.

According to the National Park Service, the spot where lava meets the ocean is referred to as the “bench.” It is one of the most dangerous areas of the park because it could potentially collapse, sending dangerous projectiles into the air. The steam emitted where lava meets the water contains hydrochloric acid and glass particles. Tour boat operators are urged to maintain a safe distance from both to ensure their safety as well as that of their passengers.

More on information regarding licensing for charter boat captains can be found at: https://www.uscg.mil/nmc/credentials/charter_boat_capt/default.asp.

Hawaii Department of Health Cites Hawaiian Isles Water Company for HI-5 Violations

The Hawaii State Department of Health has issued a Notice of Violation and Order against Hawaiian Isles Water Company for failure to submit payments and reports required of beverage distributors by the state’s Deposit Beverage Container law. The department found Hawaiian Isles Water Company delinquent for the monthly reporting period of July 1 – 31, 2016 and a penalty fee of $3,600 was assessed.

Hawaiian Isles Water Company complied with the department’s enforcement order by submitting its required corrective action plan and paying in full the entire penalty and late distributor payment.

Hawaii Revised Statutes §342G-105 requires beverage distributors to submit monthly reports and payments to the Department of Health no later than the 15th calendar day of the month following the end of the payment period. Hawaiian Isles Water Company received multiple written notices reminding them of reporting requirements prior to being assessed a penalty.

Since January 2005, Hawaii’s Deposit Beverage Container (DBC) program has assisted residents to recycle more than 7 billion containers. Through recycling, consumers are helping to remove beverage containers from the waste stream and reduce litter in the community. The DBC program certifies independent recycling companies to operate Certified Redemption Centers (CRCs) statewide. CRCs provide Hawaii consumers with refunds of the five cent deposit fee that is paid for eligible containers. Beverage distributors submit payments and reports to the program each month for all HI-5 containers sold within the state.

Commentary: Caldwell Appoints Marc Alexander to Lead Honolulu Housing Office, Victims Respond

Shame on Honolulu Mayor Kirk Caldwell. He has given a powerful city job to a man who has been sued for for child sexual abuse and who left a previous government job in disgrace because of an unethical affair with an adult woman while he was a priest.

Marc Alexander

In fact, because secret Diocese of Honolulu personnel documents and other evidence in Marc Alexander’s recently settled civil child sex abuse case have not yet been made public, we do not know the details of what happened, or the scope of the risk that Alexander could pose to adult women and children. Is this a risk that the people of Hawaii should be willing to take? Is this a personnel investment that Hawaii’s taxpayers should make?

We ask that Caldwell at least put this decision on hold until a thorough public review of Alexander’s Diocese of Honolulu personnel file can be completed. We also urge city and county leaders to immediately enact new hiring regulations that ensure that men and women arrested or sued for sexual assault or child sexual abuse are not given city jobs where they have positions of power over vulnerable populations.

If you have information about abuse or have been abused, no matter the abuser, it is safe to come forward and report. Help is available.

Joelle Casteix, SNAP Volunteer Western Regional Director

(SNAP, the Survivors Network of those Abused by Priests, is the world’s oldest and largest support group for victims of sexual abuse in institutional settings. SNAP was founded in 1988 and has more than 20,000 members. Despite the word “priest” in our title, we have members who were molested in all institutional settings, including churches, schools, clubs, and homes. Our website is SNAPnetwork.org)

Big Island Police Searching for 17-Year-Old Pahoa Girl

Hawaiʻi Island police are searching for a 17-year-old Pāhoa girl who was reported missing.

Lehua Muranaka-Walton YouTube profile picture

Lehua Muranaka-Walton was last seen in Pāhoa on September 23.

She is described as Caucasian 5-foot-1, 120 pounds with brown hair and brown eyes.

Police ask anyone with information on her whereabouts to call the Police Department’s non-emergency line at 935-3311.

Tipsters who prefer to remain anonymous may call the islandwide Crime Stoppers number at 961-8300. All Crime Stoppers information is kept confidential.

HAWAII VS. PRESIDENT TRUMP

Hawaii Attorney General Doug Chin announced today that the state of Hawaii has filed a lawsuit against President Donald Trump in Hawaii federal court.

Click to read lawsuit

The lawsuit filed today asks the court to block implementation of the January 27, 2017 Executive Order signed by President Trump entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” The Executive Order restricts immigration from seven Muslim-majority countries: Iraq, Iran, Syria, Somalia, Sudan, Libya, and Yemen. It suspends all refugee admission for 120 days and bars all Syrian refugees indefinitely. It grants entry preferences to minority religions. This order is the beginning of the fulfillment of President Trump’s campaign pledge to implement a “total and complete shutdown of Muslims entering the United States.”

Attorney General Chin said, “What makes our country special and a beacon across the world is its inclusive democracy and the rule of law. Everyone in the United States, including the President, must follow the law and follow the Constitution.”

The complaint alleges several causes of action:

  • The Executive Order is unconstitutional because it favorsone religion over another in violation of the establishment clause of the First Amendment;
  • The Executive Order is unconstitutional because it denies equal protection of the law on the basis of national origin;
  • The Executive Order is unconstitutional because it curtails the right to travel without any legal justification;
  • The Executive Order is unconstitutional because it deprives individuals of their liberty interests without due process of law;
  • The Executive Order is illegal because it violates the Immigration and Nationality Act and the Administrative Procedures Act.

Hawaii’s papers filed today asked the court to block the order across the country. As the state’s memo argues:

Hawaii joins the many voices that have condemned the Order. But this pleading is not about politics or rhetoric—it is about the law. The simple fact is that the Order is unlawful. By banning Muslims and creating a preference for Christian refugees, the Order violates the Establishment Clause of the United States Constitution. By those same acts, it violates the equal protection guarantee of the Fifth Amendment. By failing utterly to provide procedures or protections of any kind for people detained or turned away at our airports, it violates the Due Process Clause. And by enshrining rank discrimination on the basis of nationality and religion, it flies in the face of statutes enacted by Congress.

Hawaii has asked for a hearing on its motion for a temporary restraining order in no more than 14 days.

Attorney General Chin added, “Hawaii is an island state. This illegal order affects our state in a unique way. Under this order, an Iraqi permanent resident on the mainland U.S. cannot leave the country without the risk of never being allowed to return, but he still can travel throughout the continental United States. That same person here cannot so much as visit another island within our state for fear of being detained by federal agents at the airport. In the past, the people of this state experienced discrimination by the federal government based on national origin. We must speak up and not let this happen again.”

Assisting the state of Hawaii in the litigation is Neal Kumar Katyal, Esq., former Acting Solicitor General of the United States during the Obama Administration. He is currently a partner at the Washington, D.C. law firm Hogan Lovells, and a law professor at Georgetown University.

Copies of the complaint, motion for a temporary restraining order, and memorandum in support of the motion for a temporary restraining order are attached.

Big Island Police Identify Man Who Died in Motorized Cycle Crash in North Kona

A 59-year-old Kailua-Kona man died from a truck and motorized cycle crash Thursday afternoon (February 2) in Kaupulehu, North Kona, near the 27-mile marker of Māmālahoa Highway (Route 190).
He has been identified as Robert Abeyta.

Responding to a 3:13 p.m. call, police determined that Abeyta had been traveling north on Route 190 on a motorized cycle when he swerved left into the northbound lane of the highway and was struck by a 2009 GMC pickup truck operated by a 35-year-old Waimea man also traveling north.

Abeyta sustained critical injuries from the collision. He was taken to Kona Community Hospital, where he was pronounced dead at 5:40 p.m.

Traffic Enforcement Unit officers have initiated a coroner’s inquest investigation and have ordered an autopsy to determine the exact cause of death.

Police ask anyone who may have witnessed the incident or who has any information about the crash to call Officer Kimo Keliipaakaua at 326-4646, extension 229. Tipsters who prefer to remain anonymous may call Crime Stoppers at 961-8300.

This is the fourth traffic fatality this year compared with none at this time last year.

42-Year-Old Woman Dies From Wreck Last Week Identified as Chantel Kaaumoana

A 42-year-old Hilo woman has died from a single-vehicle crash the evening of January 23 on Haku Nui Road in Captain Cook.

She has been identified as Chantel Kaaumoana.

Chantel Kaaumoana

Responding to a 9:24 p.m. call, police determined that a 1981 American Jeep operated by a 34-year-old Captain Cook women had been traveling west on Haku Nui Road when the driver lost control of the vehicle, causing it to overturn. The collision caused Kaaumoana to be ejected from the vehicle and to sustain life-threatening injuries.

She was taken to Kona Community Hospital and then transferred to The Queens Medical Center on Oahu for treatment of her injuries. She was pronounced dead on Wednesday (February 1) at 11:34 a.m.

Traffic Enforcement Unit officers have initiated a negligent homicide investigation and have ordered an autopsy to determine the exact cause of death.

Police are asking anyone who may have witnessed the incident or who has any information about the crash to call Officer Justin Hooser at 326-4646, extension 229. Tipsters who prefer to remain anonymous may call Crime Stoppers at 961-8300.

Because this crash occurred on a private roadway, the death is not counted toward the official traffic fatality count.

Department of Health Cites Island Recycling, Inc. for Water Pollution Violations at Kapolei and Dillingham Facilities

The Hawaii State Department of Health (DOH) has issued a Notice of Violation and Order against Island Recycling, Inc. at both its Kapolei and Dillingham facilities located at 91-140 Kaomi Loop in Kapolei and 1803 Dillingham Blvd in Honolulu respectively.

The company has been cited for failing to comply with Hawaii’s National Pollutant Discharge Elimination System (NPDES) permit for industrial storm water discharges. DOH has ordered Island Recycling to pay a penalty of $25,400, clean the affected drainage ditch on its property in Kapolei, and take corrective actions at both its Kapolei and Dillingham facilities to prevent the facilities’ from discharging polluted storm water to nearby storm drains and state waters. The company may contest the order and request a hearing within 20 days.

Island Recycling has NPDES permit coverage for both its Kapolei and Dillingham facilities under Hawaii’s General Permit authorizing discharges of industrial storm water. However, during inspections performed in June 2014 and subsequent file reviews, DOH found the facilities were not implementing controls to properly prevent polluted storm water discharges. The company had also placed discarded materials and equipment in a drainage ditch that is recognized as a state water body and protected by state and federal regulations. In addition to inadequate storm water controls at the facilities, Island Recycling also failed to submit Discharge Monitoring Reports required by the NPDES General Permit that are vital to determining the safety and quality of the facilities’ storm water discharges.

The Clean Water Act prohibits discharging pollutants through a point source into state waters unless it is allowed by an NPDES permit. The permit contains limits on what can be safely discharged, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people’s health. The permit translates general requirements of the Clean Water Act into specific provisions tailored to the operations of facilities discharging pollutants. For information on the National Pollutant Discharge Elimination System go to www.epa.gov/npdes/npdes-permit-basics.

The DOH Clean Water Branch regulates, permits, and inspects a variety of industrial facilities ranging from construction sites to landfills and recycling facilities to ensure that these facilities do not pollute Hawaii’s waters especially during rainfall and storm conditions. The Clean Water Branch protects and promotes the health of Hawaii’s residents, visitors, and environment through regulation of high-risk water pollution sources, and education of industrial sectors and the general public. More information about the DOH Clean Water Branch and access to water quality data and files for NPDES permitted facilities is available at http://health.hawaii.gov/cwb/.

Big Island Police Initiate First-Degree Terroristic Threatening Case at Honoka’a High and Intermediate

Hawaiʻi Island police have initiated a first-degree terroristic threatening case in connection with a threat to Honokaʻa High and Intermediate School on Wednesday morning.

No students were injured.

In response to a 10:48 a.m. call, Hāmākua officers learned that a threatening message had been left on a voice mail message earlier in the morning.

Out of concern for the safety of the students, school officials evacuated Honokaʻa High and Intermediate School and Honokaʻa Elementary School as a precaution. The students were taken to the Honokaʻa sports complex, where parents and school buses were able to retrieve them.

Police officers and school personnel checked every classroom and building but found no suspicious items. The investigation is continuing.

Police ask anyone with any information about this case to call Officer Blake Ragocos at 775-7533 or the Police Department’s non-emergency line at 935-3311.

Tipsters who prefer to remain anonymous may call the islandwide Crime Stoppers number at 961-8300 and may be eligible for a reward of up to $1,000. Crime Stoppers is a volunteer program run by ordinary citizens who want to keep their community safe. Crime Stoppers doesn’t record calls or subscribe to caller ID. Crime Stoppers information is kept confidential.

Officer Jeremiah Hull “Officer of the Month” for February

The Kona Crime Prevention Committee recognized Kona Patrol Officer Jeremiah Hull as “Officer of the Month” for February in a luncheon ceremony Wednesday (February 1) at Huggo’s restaurant in Kailua-Kona.

Police Officer Jeremiah Hull

Hull was honored for his work on the Area II Special Enforcement Unit, which was formed to address crime trends in Kona, such as burglaries, robberies, thefts, auto thefts and auto break-ins.

In one case, Hull observed a woman in a suspicious vehicle concealing and then attempting to destroy a methamphetamine smoking pipe when officers approached her. This observation led to the recovery of more than a pound of processed marijuana from the vehicle and, ultimately, to numerous felony drug charges.

In another case, Hull’s observations resulted in the recovery of nearly an ounce of methamphetamine from a suspected narcotics distributor.

In nomination papers, Sergeant Zachary Houchin praised Hull’s “focus, determination, attention to detail, and dedication.”

As “Officer of the Month,” Hull is eligible for “Officer of the Year.”

The Kona Crime Prevention Committee is an organization that encourages community involvement in aiding and supporting police in West Hawaiʻi.

Hawaii State Legislative Candidate Charged for Distribution of Unauthorized Mailers

Attorney General Doug Chin announced that Eric H. L. Ching, a candidate in 2016 for the state house of representatives district 31 seat (Moanalua, Red Hill, Foster Village, Aiea, Fort Shafter, Moanalua Gardens, Aliamanu, Lower Pearlridge), was charged yesterday with two misdemeanors for sending mailers without identifying the individual or organization that had paid for it. Incumbent state representative Aaron Ling Johanson defeated Ching in the general election.

Click to read the complaint

The Hawaii Campaign Spending Commission required Ching to pay a civil penalty of $25 on four previous violations. After repeatedly being warned to follow the same campaign law related to advertisements. Ching sent two more mailers that lacked the required disclaimers. The Commission only referred the matter to the Attorney General’s office for criminal prosecution after the fourth civil fine was assessed.

Ching is now charged with two counts of Unauthorized Advertisements, in violation of sections 11-391(a)(1) and 11-412(a) of the Hawaii Revised Statutes. The maximum penalty for each count is a $2,000.00 fine and up to one year in jail.

Attorney General Doug Chin said, “Campaign laws keep Hawaii elections fair and transparent.”