LIHU‘E — Two individuals arrested while protesting the removal of an altar during construction of a bicycle path in Wailua say they are pleased the county is not prosecuting them — but would rather have attention focus on what they
LIHU‘E — Two individuals arrested while protesting the removal of an altar during construction of a bicycle path in Wailua say they are pleased the county is not prosecuting them — but would rather have attention focus on what they call a sacred site.
James Lee Alalem, 55, of Kapa‘a, and Raymond Anthony Catania, 62, of Lihu‘e, were arrested for obstructing government operations on the morning of Feb. 6. After waiting out the March 25 morning calendar at 5th District Court, the two found there was no case filed against them.
County Prosecuting Attorney Justin Kollar later confirmed that his office decided not to pursue the charges. The two were accused of crossing a construction barrier as work approached a rock alter they built to represent a heiau they believe once stood on the site.
“We feel that laws have been broken and the mayor’s administration, the Planning Department and the Department of Recreation got away with it,” Catania said. “They weren’t able to find a cultural practitioner to take it down.”
Although he is pleased with Kollar’s sensitivity to the issue, Catania said they did maintain a peaceful presence at the site. His concern now is that the focus on the incident distracts from the larger responsibility to protect the site.
The county maintains that construction of the Wailua corridor portion of the Ke Ala Hele Makalai path does not cross over any of what was once part of the Mahunapu‘uone Heiau.
“Archaeological studies were completed as a requirement of state and federal environmental disclosure laws, and in conjunction with the state’s already completed construction of the Bryan Baptiste Wailua Bridge Complex,” according to county spokeswoman Mary Daubert.
The Environmental Assessment for the Wailua portion of the coastal path was issued in 2007, and stated the preferred alignment was compatible with known archaeological and cultural resources. The archaeological field assessment and consultation included input from the State Historic Preservation Division, Office of Hawaiian Affairs and Hawai‘i State Parks.
County Mayor Bernard Carvalho Jr. approved a Supplemental Archeological Assessment and sub-surface investigation, which was completed in 2011. This study, conducted by Cultural Surveys Hawai‘i, was ordered in response to concerns raised by the community.
According to the study, testing involved 17 trenches, which exposed modern debris including plastic bags and cups, aluminum cans, glass containers, household and personal items. Asphalt and concrete bobbles and large basalt boulders were also uncovered in the trenches.
The report suggested that the presence of modern debris meant that if any historic or prehistoric deposits had existed in the project area, they were likely “removed, displaced or impacted” during construction.
No traditional Hawaiian or historic artifacts, cultural deposits or cultural resources were found during the investigation, according to the study. Ground penetrating radar surveys were also inconclusive, and no surface cultural resources were identified.
Catania still claims that the state violated the National Historic Preservation Act of 1966 under Title 18 Section 101, which covers the processes of Native American and Hawaiian cultural and religious sites. There should have been public hearings regarding shoreline changes, he said.
Alalem added that the decision to build over the site swept any opposition under the rug. The work to protect the history “is not supposed to be heard, seen or talked about,” he said.
The property and artifacts may be destroyed but its meaning remains at the location, Alalem said.
“It is still there and no one can destroy it or say it is gone, even if the stones are removed,” he said. “I feel angry because there is no justice served. Where do we go from here?”
Alalem claims that the county historical studies were mitigated to agree with the bicycle path proposal. They did not include the review of documents based on an 1840s study, he added.
“We are looking at this as a human rights violation complaint,” Alalem said.
Alalem said he is an appointed caretaker of the island’s heiaus. The duty came from Joe Manini, who he describes as the current familial heir to the Wailua area, dating back to King Kameamea III.
“Uncle Joe Manini is the only heir left with documents to the land,” Anini said. “He made me caretaker of all the heiaus.”
Catania and Alalem plan to continue practicing religious and cultural events at the site along with holding torch lit vigils during full moons from midnight to 1 a.m. They will do outreach on historical and cultural significance of sacred sites and hope people will join their cause.
“We don’t want to see the Wailua corridor change just to benefit the tourist industry,” Catania said. “We want to see these sites protected and take care of our Mother Earth.”
• Tom LaVenture, staff writer, can be reached at 245-0424 or tlaventure@thegardenisland.com.
The word “alter” was changed to “alter” in the second paragraph.
