TMT - Contested Case Hearing Status - Hilo

[Eric1600]

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Originally posted by punaticbychoice

HOTPE @ 20:26:33- "Kealoha 'Doesn't sound like a benefit if I can't understand it' "
A big yup on that.
And want to remain ignorant.
What I get from these hearings is that ignorance is more valued than knowledge and understanding.

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There's been numerous instances where Kealoha has expressed a desire not to know because it doesn't help her daily life. It's a very Maoist approach to the world.

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The irony is, backward looking is a part of the astronomy paradox, in that the farther out into space we look the further back in time we are looking, so making bigger telescopes to see farther in time, means we are moving farther and farther away from modern relevancy, actually. -- http://kahea.org/blog/mk-vignette-kealoha-pisciotta

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[Eric1600]

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Originally posted by kalakoa

Meanwile, TIO has "deferred" their sublease payments:

http://www.hawaiitribune-herald.com/news...t-deferred

Winning the battle... a few hundred thousand dollars at a time...

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Did you see this from the article:

Meanwhile, lawmakers are considering legislation (HB 1411 and SB 1232) to prohibit contested case hearings from applying to leases or subleases. Ishikawa said TIO didn’t request the legislation.

[kalakoa]

lawmakers are considering legislation (HB 1411 and SB 1232) to prohibit contested case hearings from applying to leases or subleases

1. throw another lawsuit on the pile;
2. will not become law in time to affect the current dispute;
3. might make it easier for the next project;
4. but there will not be any more investment/development if TMT fails.

[TomK]

Eric1600 - I believe you're talking about two different Kealohoas, Brannon Kealoha and Kealoha Pisciotta. Both are on the same side but are different people. Although they may well believe the same things, I can't imagine Pisciotta having the same opinion as Brannon once expressed:

http://www.ilind.net/2015/04/24/obscenit...upporters/

[galileo]

Among the motley crew of contested case participants who oppose the TMT, Brannon is a real train wreck. If you read the Ian Lind story that Tom posted, you can see the screen shot of the obscene and violent Facebook message which is now preserved forever for all historians to see.

The transcript of his interrogation of Günter Hasinger does not come close to capturing the nervous and emotional state of his mind when he is standing behind the microphone.

On one day several months ago, he was late to arrive to the hearing. When Amano asked to him explain his tardiness, he gave a long winded sob story of how he was low on funds and how hard it was to petal his bicycle to the airport to make his flight. He was crashing on a friend's sofa; it's possible that he is unemployed. He admitted to her that he was "deprived of REM sleep" and that being involved with the contested case hearing was such on enormous hardship for him.

How he managed to be given standing in this hearing is truly baffling.

Kealoha Pisciotta used to be a technician on the Maxwell telescope on summit. It is good that she did not try go to law school, because her performance on the stand is often bumbling. Many times she had to be coached by Amano on how to ask a question. She lacks focus in her train of thought and frequently goes way off the topics covered in the written direct testimony of a witness. Last week she admitted to having some amount of "brain fog" (her words, not mine).

That being said, she is affable.

[galileo]

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Originally posted by TomK

"Was Harry Fergerstrom arrested for hijacking a plane in 1965?"

A "Harry F Fergerstrom" was arrested and convicted of interference with a flight crewmember on a Hawaiian Airlines flight in 1965 (not hijacking, but apparently a knife and broken bottle were used as weapons) and sentenced to a juvenile correction facility.

https://www.ncjrs.gov/pdffiles1/Digitiza...1NCJRS.pdf (page 73 on my pdf reader).

However, I have no idea if it's the same Harry Fergerstrom in the contested case hearing and I'm not sure it's actually that relevant.

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In the past week or so Harry testified that he was in prison for a year, but I don't recall if the actual crime was mentioned. That's why his criminal background is relevant.

Page 43 of "The Skies Belong to Us: Love and Terror in the Golden Age of Hijacking":

"The domestic lull in skyjackings lasted until the summer of 1965, when a fresh outbreak originated in one of the nation's most far-flung locales. On August 31 of that year, a fourteen-year-old boy named Harry Fergerstrom boarded a Hawaii Airlines DC-3 on Honolulu and announced that he was taking over to protest the newly minted state's lack of political sovereignty."

Given his written direct testimony in this case and his statements regarding being on social security, it seems likely that Harry was a teen hijacker.

The "Descriptive Study of Aircraft Hijacking. Criminal Justice Monograph, Volume III, No. 5." contains a table of hijackings.
There is an entry for Harry Fegerstrom, with 1949 as his year of birth
If 1949 is correct, he would have been 16 when he tried to hijack the plane.

Perhaps he accepted a deal to plead guilty to a lessor charge of interfering with a flight crew as shown in the document which you found. He was paroled on Nov 3, 1967. The aircraft piracy sentences shown there are much longer than the time he served - some were 50 years.

Note that several times during the contested case hearing he has objected to the presence of armed officers.

That's rather ironic coming from the mouth of an ex-con.

[TomK]

More for comic relief than anything. For those that didn't get to the end of Galileo's link yesterday (http://www.environment-hawaii.org/?p=9361) this was the extraordinary exchange between witness and cross-examiner:

"William Freitas: I don’t want to be too repetitive, but for my own foundation … who hired you to do this conservation district use permit?

Perry White: The Carlsmith law firm. The University of Hawai`i was the ultimate client.

Freitas: How long did it take this CDUP to be completed?

White: The CDUP isn’t completed. The application took several months.

Freitas: Isn’t this about the CDUP?

White: We prepared the application. I’m testifying as to the application. The permit is something the board will issue. We requested it through a permit application.

Freitas: Did you get compensated for this work you done?

White: … Yes.

Freitas: Do you work for them still?

White: I work for Planning Solutions, yes.

Freitas: Do you work for Carlsmith, the one who hired you?

White: I work for Planning Solutions.

Freitas: Is that your company?

White: It was at one time.

Freitas: Do you work for Carlsmith, yes or no?

White: I don’t work for Carlsmith, I work for Planning Solutions.

Freitas: Carlsmith hired you, but you don’t work for Carlsmith?

White: Carlsmisth hired Planning Solutions, Carlsmith did not hire me.

Freitas: You’re the author of this CDUP.

White: Yes, I was working for Planning Solutions at the time I prepared this CDUA.

Freitas: C-D-U-A. And you don’t work for them now.

White: I still work for Planning Solutions.

Freitas: I don’t know if I’m getting confused, but I just wanna know. You’re Planning Solutions. You don’t work for them anymore.

White: I am Perry White. I work for a company called Planning Solutions. Planning Solutions works for Carlsmith and the University.

Ian Sandison [attorney for the University of Hawai`i]: Objection, repetitive.

Judge Amano: Can we move on?

Freitas: I just wanted to get that clear, if he still works for them.

Amano: He still works for Planning Solutions.

Freitas: So that’s a yes, right?

White: Yes."

[TomK]

Galileo - thanks for the update on Fergerstrom and the "hijacking". Assuming it's the same person in the contested case hearing, then I agree it becomes much more relevant, at least to those interested in the case. I'm not sure it's relevant legally, though, but I'm not a lawyer.

[Eric1600]

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Originally posted by galileo

In the past week or so Harry testified that he was in prison for a year, but I don't recall if the actual crime was mentioned. That's why his criminal background is relevant.

...Note that several times during the contested case hearing he has objected to the presence of armed officers.

That's rather ironic coming from the mouth of an ex-con.

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Out of all those testifying he seems the angriest. When I see him complain about the officers and the judge telling him and others they are there to make sure everyone in the room is safe repeatedly I have to wonder at his motivation. Either he's trying dramatics to demonstrate oppression or perhaps something darker is in his mind.

His written testimony https://dlnr.hawaii.gov/mk/files/2016/11...estrom.pdf also is a little threatening:

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I have come to the understanding that all this takes place, ONLY, because we have not found a way to stop you. That each little step you take gets larger and larger each time. You isolate yourselves from the whole so we can only talk about you in isolation. This must come to an END.

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[galileo]

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Originally posted by TomK

More for comic relief than anything.

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It reminds me of Who's on First.
https://www.youtube.com/watch?v=kTcRRaXV-fg