Reminder!!!! Press Release on State’s Motion for Summary Judgment for the reactivation of Kulani Correctional Facility (KCF) set for hearing 9AM, Wednesday, July 23, 2014 in Hilo Circuit Court before Judge Glenn S. Hara
Further contact: Ohana Ho’opakele President, Palikapu Dedman (home) 959-4930, Treasurer, Ronald Fujiyoshi (home) 959-9775; (cell) 345-9688, Also see www.ohanahoopakele.org and Ohana Ho`opakele on Facebook
Ohana Ho’opakele and supporters will gather outside Hilo Court House at 8AM on Wednesday, July 23, 2014. The message is strong and clear: Pu’uhonua NOT Prisons; Justice for Hawaiians; Hawaiian Misery is Not a commodity and Stop using Hawaiians against Hawaiians. At 9AM there is a hearing before Judge Glenn Hara on the State’s Motion for Summary Judgement regarding the reactivation of Kulani prison.
Ohana Ho’opakele president, Palikapu Dedman said “Ohana Ho’opakele is looking for legal support for appeal. We are reaching out to the American Civil Liberties Union (ACLU), Office of Hawaiian Affairs (OHA), Native Hawaiian Legal Corporation (NHLC), Earth Justice or any legal firm for assistance. There are key issues involved.
- What is the standard for circuit court review of a Final EA and Finding of No Significant Impact (FONSI)?
- Is a prison a permissible use of Crown Lands?
SUBSTANTIAL LEGAL ISSUES:
- Final Environmental Assessment (EA) does not adhere to Act 117: “The department of public safety, in cooperation with Ohana Ho’opakele and other restorative justice groups, is directed to prepare a plan for the creation of a pu’uhonua, or wellness center. On lands owned or controlled by the State. The public land development corporation shall assist in determining an appropriate site for the center; provided that the site formerly used as the Kulani correctional facility on the island of Hawaii shall be given preference, unless another site will provide a greater possibility of success.”
- Crown Lands should be used for the betterment of native Hawaiians not for the general public.
FUNDAMENTAL UNDERLYING ISSUES:
1. Disproportionate number of native Hawaiians in prison.
2. A Hawaiian Pu’uhonua is best model for healing (rehabilitation).
3. The present prison system (punitive justice) is not succeeding.”
Ohana Ho’opakele President Palikapu Dedman was critical of Judge Hara’s handling of the case. Dedman said: “By punting the ball to appeal, instead of making a substantial decision at the Circuit Court level affecting the disproportionate number of Native Hawaiians in prison, Judge Hara is wasting tax payers money and suppressing Hawaiians. Judge Hara is following the same old pattern of shrinking from his responsibility as he did in the fencing case decision. It’s time for Judge Hara to stand tall and do the right thing.”