LIHU‘E — A jury found a Wailua man guilty Tuesday of stopping a DLNR construction dig for the Kaumuali‘i Comfort Station project near kupuna burials at Kaumuali‘i Park and Old Smith Landing in Wailua. James Lee Alalem, 55, of Wailua,
LIHU‘E — A jury found a Wailua man guilty Tuesday of stopping a DLNR construction dig for the Kaumuali‘i Comfort Station project near kupuna burials at Kaumuali‘i Park and Old Smith Landing in Wailua.
James Lee Alalem, 55, of Wailua, will face sentencing on Sept. 27 for obstruction of government operations of the Department of Land and Natural Resources. It is a misdemeanor offense.
Chief Judge Randal Valenciano presided over the two-day trial in which Alalem represented himself. The court appointed Warren Perry as stand-by counsel to consult with the defendant on proceedings.
Deputy County Prosecuting Attorney John Murphy said the case was about someone making a decision to cross the line and stop a government operation. He told the jury they must base their decision on the law and not on an emotional connection to a cultural issue or pity for the defendant doing what he believed was right.
The prosecution produced two DLNR officers who said Monday that they arrested the defendant after he crossed the construction barrier and stopped operations on April 28, 2011.
Holly McEldowney, acting administrator of the State Historic Preservation Division, testified Tuesday that planning for the comfort station started in 2005 following a federal mandate that required conversion of existing wastewater systems. She said that proper permitting was acquired at all levels and that the county did not require an environmental impact study for this project.
An on-site archaeologist and cultural monitor were present during test digging and spotted burials and artifacts more than 50 years old in the project area in 2005, 2010 and 2011.
McEldowney said when that happens, DLNR stops work immediately, as required, to consult with the Kaua‘i-Ni‘ihau Island Burial Council. She said that the council recommended to the State Historic Preservation Division that the burials be kept in place.
McEldowney said the council approved the burial treatment, and a redesign in 2006 to avoid above- or below-ground disturbance of burials and cultural deposits. Work was done to determine if there was any known lineage of the burials.
Before the trial began, Valenciano informed both attorneys that evidence and questioning could not involve the issue of nationalism or sovereignty. He said the court would not decide the legitimacy of citizenship to any group or kingdom, but would view anyone living in the state as being subject to state laws.
The judge referred to a May decision of the Hawai‘i Supreme Court, in upholding an Appeals Court decision of a 2004 case involving Lloyd Pratt. The Native Hawaiian claimed he is entitled to live as a caretaker of sites without a permit in the Na Pali Coast State Wilderness Park.
Alalem said after the trial that his testimony and questions of witnesses were limited because of the court’s tight focus on the incident.
He said that it did not allow him to expand on his motivation to protect ancestral graves that led to the charge.
The defense witnesses included Punilei Joseph Manini, who presented claims that the land was deeded to ancestors by King Kamehamea III and should not be considered state lands. His replies were stopped short for relevance with objection from the state.
Another witness, Waldeen Palmeiro, was asked to describe her monitoring activity at the site. She responded that there were discoveries before and after the arrest incident, and that around six burials were unearthed at the site.
Palmeiro’s replies were largely stricken as not responsive to questions.
The jury also viewed a video of the incident. The video depicted Alalem and Ka‘iulani Denelyn Edens, 49, of Kapa‘a, crossing into the construction area where activity stopped. The video showed Alalem standing in the bucket of a backhoe until he was arrested by DLNR officers with assistance from the Kaua‘i Police Department.
A jury found Edens guilty of obstruction in February. She was sentenced in April to 40 minutes time served and fined $250.
Edens said at her sentencing that she was moved to act but that it was not a sovereignty issue.
Outside the courthouse, Alalem said that if any good comes from this case, it would be to wake up more people to learn about their culture and to honor their ancestors.
“I am not sorry that I stood up for those who cannot stand up for themselves,” Alalem said.
