TMT - Contested Case Hearing Status - Hilo

[punaticbychoice]

TomK: Monty Python, the cheese shop routine.Some Fawlty? Towers too.

[Eric1600]

quote:

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Originally posted by TomK

To be fair, although Fergerstrom's call for a delay due to Halloween is something I would expect to see in a Monty Python sketch, the UH/TMT lawyers did not impress. They didn't seem to know which witnesses they would be calling on Monday 31st.

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The problem has been with about 20 or so cross-examinations the duration of the testimony of each witness is tough to estimate. I'm sure they expected their current witness to take up all Monday, but the judge suggested postponing that witness and wanted to know who else might testify.

[Guest]

There are more crank 'protectors' demanding their week in court than there are weeks before the engineers and scientists of TMT must pull the plug on our little Third-World vagrant paradise. That is the plan and it is working.

The lawyers have destroyed the ability of society to function by rushing to the cause of every delusional ward of the state with time on their hands, a group hallucination, and an axe to grind.

I see no way reason can prevail. Not due to the merits of the case, but due to the grossly dysfunctional travesty that is the court system in Hawaii.

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You can't fix Samsara.

[punaticbychoice]

imagtek:
I seem to remember that finding burial sites didn't stop HART in Honolulu.
I guess there is less juice and money in science.
What a shame.

[TomK]

Thank you, Eric. The only thing I was going on was the video on Big Island Video News and it was the only thing I saw from that day, so wasn't aware of what had happened earlier.

[Eric1600]

Yesterday's testimonies were full of drama too. For example, Brandon couldn't cross-examine because of a medical condition. When asked to elaborate he said I can't think clearly without REM sleep and continued to argue he had a medical excuse which he could produce. Amano just said you seem to be expressing coherent thoughts now, he shot back you're not qualified to decide that. So the judge was disinclined to reschedule the witness, but another cross-examiner was unable to find his map he wanted to discuss and was not prepared in spite of this being his second chance to be prepared and cross-examine. So the judge arranged for both to continue on Wednesday since the witness could be made available then again. There were also numerous attempts to sneak in the Hawaii has no authority or jurisdiction arguments. And they kept asking the witness about where he was born (California), when he moved to Hawaii, who he worked for in the past, and in general searching for anything to try and use against him. One cross examiner tried to argue California was not one of the original 13 states and tried to imply he could not represent the US in addition to trying to argue that the CDUA is a process for "indian lands" not Hawaiians, but the judge just said this witness can not testify to any of those issues.

So not only did the originally scheduled witness take up all of Monday, he has to come back for more on Wednesday. And they are having a time crunch to get another witness on the stand before he has to leave to return to South America.

[MarkP]

If the system can be gamed in this fashion by such chicken**** tactics then there is a fundamental flaw in the process. How is that? This can't be the first contested case hearing ever held. Why did Amano not simply say "Oh well, too bad for you. I guess you squandered your opportunity to testify"?

[Chunkster]

I think Judge Amano is bending over backwards to allow maximum participation so that there are no grounds for a valid appeal. The problem with such an approach is that the protesters will appeal anyway, and if the process is sufficiently delayed, they win.

[HereOnThePrimalEdge]

Many months ago I made a comment that the Protectors did not necessarily represent the average Hawaiian person, especially in legal or political matters. I also stated that I didn't see anyone who had stepped forward as a spokesperson for the Protectors who stood out as the best and brightest of what the Hawaiian people had to offer, that more qualified leaders must be available to help them chart a new course forward.

I know the comments I made and terms I used were not politically correct, especially on this divisive issue. The manner and terminology was not necessarily polite, or positive, or complimentary. Clearly that criticism offended some readers due to the lack of diplomatic tone or failure to search hard enough for a compliment where few were to be found.

But this is not a situation where everybody should win a trophy for participation. Let's look at some examples of testimony noted in other posts above, which are by no means emblematic of other Hawaiians in attendance at the hearing. Unfortunately, certain comments stand out whether or not a majority or minority agree with them. I would ask, is there anyone who would wish to be represented by, or believe a leadership role should be offered to a person who:

* Wants a day off for Halloween?
* Wishes a holiday for an unrelated protest on the mainland?
* Chooses representation by a lawyer who prioritizes a trip to Las Vegas over his scheduled court appearance?
* Requires sick leave due to lack of REM sleep?

The list goes on. All I see is a group of dysfunctional individuals who can barely roll out of bed in the morning in time to attend a scheduled appointment for the day. Are these the future leaders of a Hawaiian Nation? A Kingdom of Hawaii? A Hawaiian Kingdom? If not, the real leaders should ask them to step aside to prevent further embarrassment, as it does not strengthen any argument for self determination they may wish to present in the future, as legitimate descendants of a pre-1893 political authority.

My comments are intended to be, and should be seen as a constructive, positive step forward. What about the Protectors, is their testimony more helpful of harmful to the long range goals of the Hawaiian people?

[kalakoa]

is their testimony more helpful of harmful to the long range goals of the Hawaiian people?

Impossible to know unless/until "the" Hawaiian people identify themselves and state their long-term goals.