Charges dismissed against Papa’a beach-goers

LIHU‘E — Second-degree, criminal-trespass charges were dismissed yesterday against three Kaua‘i residents who tried to use a disputed road to access Papa‘a Bay in December.

While the three Kaua‘i residents, David Denson, Ka‘iulani Edens-Huff, and Evelyn DeBuhr, could be recharged, District Court Judge Gerald Matsunaga said he expected the charges to be completely dismissed in three weeks.

The charges stem from attempts to access the beach at Papa‘a Bay through a road that the property owner claims is part of his private property, but that certain older maps indicate is a government (public) road.

Prosecutors are waiting for results of a title research of the disputed road, which travels through “Tara,” Mandalay Properties’ and movie producer Peter Guber’s estate fronting Papa‘a Bay just north of Anahola.

The research is presently being performed by a Big Island lawyer who specializes in access issues, at the request of Kaua‘i Mayor Bryan J. Baptiste, said Cyndi Mei Ozaki, county public information officer.

Ozaki reiterated that the study is a title research, not a title search. While she could not explain the difference, she said that the title research usually is more involved and takes longer.

She added that there is no definite time frame for when it will be completed.

County prosecutors have been waiting for at least two months for the document, and deputy prosecutor Rosa Flores had asked, before the dismissal, for another postponement to wait for the research to be completed.

Her request was denied by Matsunaga.

After hearing an oral motion to dismiss the case from Denson’s lawyer, Daniel Hempey, Matsunaga agreed, dismissing the charges without prejudice (meaning the three may be charged again for the same crime).

Matsunaga also gave county officials three weeks to come up with a title research of the disputed access, or the charges will be completely dismissed.

“If a landowner wants to litigate title to property, he should do so in civil court like anyone else,” said Hempey outside the Lihu‘e courtroom.

“Why is it that this particular landowner was able to generate criminal charges and a massive police response to a simple trespass?”

As for whether or not the county will re-introduce the charges, Flores said, “We have to check with the County Attorney’s office.

“We understand it can be a lengthy process” to procure the research, she added. If the research is completed within the allotted time frame, prosecutors will re-introduce the charges.

But Hempey questioned whether the three should have been arrested at all.

“It is questionable to charge someone with trespass before knowing who owns the land,” he added outside court. “I anticipate filing a civil-rights action.”

“I’m just very saddened that people are doing things like this,” said Edens-Huff, a Native Hawaiian. “I was here long before Guber even heard of Kaua‘i. There is nobody that can tell me where I can or cannot use the beach.”

Edens-Huff, Denson and DeBuhr were arrested for trespassing Dec. 28 for trying to access Papa‘a Beach during a proposed celebration after Guber withdrew a bid to buy the disputed road.

Liko Martin, 58, was also arrested, and pleaded no contest to the second-degree, criminal-trespass charge Feb. 5. He received 30 hours of community service, and was ordered to pay court fees.

“I’d like to know how much the county paid (for the 15 Kaua‘i Police Department officials who were present Dec. 28) by backing up a movie mogul,” said Denson.

“Anything could’ve happened. Someone could’ve been hurt,” Denson added. “That day, we were just trying to go to the beach.”

Paul Alston, a Honolulu attorney for Guber, said he is aware of the ongoing title research, and did not comment further.

Staff Writer Tom Finnegan may be reached at 245-3681 (ext. 252) or mailto:tfinnegan@pulitzer.net.