Press Release: Mauna Kea Protector Jim Albertini court hearing Wed. April 13, 2016 at 1:30PM in Hilo courtroom 2B before Judge Barbara Takase
Press Release: Mauna Kea Protector Jim Albertini court hearing Wed. April 13, 2016 at 1:30PM in Hilo courtroom 2B before Judge Barbara Takase
Issue: Albertini requesting that his dismissed obstruction charge be dismissed WITH PREJUDICE, not without prejudice, so that the same charge can’t be refiled.
Albertini filed a motion for reconsideration of the prosecutor’s dismissal of obstruction charge without prejudice, which keeps the threat of being recharged for the same offense.
Albertini says that the prosecutor is partly fulfilling her professional obligations as a minister of justice by moving for dismissal of the charges, but my motion is asking the court to exercise discretion to dismiss WITH PREJUDICE under the totality of circumstances (the fact that several of my co-defendants have been been found not guilty on the defense of necessity (choice of evils) and the prosecutor has moved to dismiss numerous other complaints due to judicial economy. I was part of a group all charged with the same offense for the same action –obstructing the Mauna Kea road to prevent the Thirty Meter Telescope (TMT) construction crew from reaching the construction site to engage in actions alleged by Defendants to be the imminent desecration of one of Hawaii’s most sacred sites. It’s a classic necessity defense –choice of evils defense which has been recognized by this court. It seems manini (picky, minor), and counter to a spirit of justice, to not dismiss with prejudice and keep the threat hanging over my head of being charged for the same offense for another year. It’s already been more than 1 year since our April 2, 2015 peaceful spiritual stand to protect the Mauna. In fact on April 2, 2016, myself and several others journeyed to the ahu (Hawaiian altar) built on the proposed Mauna Kea TMT site to offer ho’okupu (spiritual offerings) in thanksgiving to Ke Akua for the blessings of Mauna a Wakea, and all those who have been a part of the effort to protect the sacred. It seemed to me a most fitting way to celebrate the stand of 1 year ago.
Based on this court’s earlier rulings, including my raising the choice of evils defense in a pre-trial motion which the court recognized would put a burden on the prosecutor to disprove if this case went to trial. It follows that the burden should now be put on the prosecutor to show that there is some unique circumstance related to my charge that serves as a basis for not dismissing the charge with prejudice.
In summary, I hereby ask the court to dismiss the obstruction charge against me WITH PREJUDICE. Mahalo and a Happy upcoming retirement to Judge Barbara Takase beginning in May.
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Jim Albertini Malu ‘Aina Center For Non-violent Education & Action P.O. Box 489 Ola’a (Kurtistown) Hawai’i 96760 Phone 808-966-7622 Email ja@malu-aina.org www.malu-aina.org
