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ALAPAI H. KAULIA P. O. Box 852 Kailua-Kona, Hawaii 96745 (808)
333-0298 [email protected] PRO SE IN THE DISTRICT COURT OF THE
THIRD CIRCUIT HAMAKUA DIVISION STATE OF HAWAII STATE OF HAWAII, )
REPORT NO. 15009843/HM ) 3DCW-15-0000967 ) vs. ) BRIEF IN SUPPORT
OF ) MOTION FOR LIMITED SPECIAL ) APPEARANCE OF KINGDOM ALAPAI
HULIHEE KAULIA, ) REPRESENTATIVE ) Judge Barbara T. Takase,
Presiding Defendant ) Court Date: June 18, 2015 BRIEF IN SUPPORT OF
LIMITED SPECIAL APPEARANCE This case arises from the arrest of
Defendant for knowingly entering into and/or remaining unlawfully
in or upon premises that are enclosed in a manner to exclude
intruders or are fenced, thereby committing the offense of Criminal
Trespass in the Third Degree in violation of Section 708-814(1)(a),
Hawaii Revised Statutes. Exhibit 1.1 Among the defenses Defendant
intends to assert at trial are the following: Defendant is a
citizen of the Kingdom of Hawaii. Exhibit 2, 10-11. 1 The Complaint
attached hereto as Exhibit 1 does not meet constitutional Due
Process requirements because the Complaint merely cites the statute
without stating specifically how defendant violated the
statute.
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Further defendant will assert that this court does not have the
jurisdiction or venue to adjudicate matters outside its own nation,
including this case. Defendant will deny that the United States or
any subdivision thereof has an interest in or title to any of the
lands belonging to the Kingdom. Defendant will challenge the right
of agents of a foreign government to come on to land owned by the
Defendant to arrest Defendant for attempting to prevent trespass on
and further degradation of Defendants land. Defendant will also
challenge the right of agents of a foreign government to come on to
land owned by Defendant to protect those who are engaged in
trespass on to Defendants land. Defendant will also challenge the
right of agents of a foreign government to arrest Defendant for
attempting to protect a sacred site from degradation and
desecration.2
2 HRS 711-701(b) states: (1) A person commits the offense of
desecration if the person intentionally desecrates: (b) A place of
worship or burial (2) Desecrate means defacing, damaging,
polluting, or otherwise physically mistreating in a way that the
defendant knows will outrage the sensibilities of persons likely to
observe or discover the defendants action. The top of Mauna a Wkea
is a place of both worship and burial. That the initiation of
telescope construction produced outrage is demonstrated by the 31
cases now on the Courts docket of people who chose to be arrested
in order to prevent the construction. Those 31 clearly represented
thousands more who have responded in opposition to the
construction.
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Defendant will also challenge the right of agents of a foreign
government to come on to land owned by Defendant to protect those
who are engaged in desecration of a holy site. Defendant will also
contest that the private employer of the people Defendant prevented
from entering Defendants land have any legal interest in the land.
To the extent the private trespasser relies upon claims to
ownership by the United States, State of Hawaii, Territory of
Hawaii, Republic of Hawaii, or Provisional Government, Defendant
will challenge such claims as without legal basis because such
claims rely upon the initial illegal overthrow of the Kingdom of
Hawaii Government and the continued illegal occupation of the
Kingdom by the imposed government backed by the United States
military. Defendant will assert that the actions taken by Defendant
at issue in this case were all taken pursuant to rights granted to
all Kingdom citizens and obligations imposed by Kingdom
citizenship. Defendant will further assert that the actions taken
by Defendant were taken pursuant to spiritual obligations to
prevent desecration of a sacred site and that such actions are
protected and endorsed by the Kingdom. The Defendant will claim his
actions as part of the Hawaiian Independence Movement3, and, as
such, protected by the 1839 Hawaiian Declaration of Rights, the
constitutions of the Hawaiian Kingdom, and the First Amendment to
the United 3 The term Hawaiian Independence Movement is used to
describe the political movement seeking to restore the nation of
Hawaii to full independence. The movement is composed of Kingdom
subjects, Hawaiian Nationals within and outside governmental
organizations, and other participants within and outside the
Nation.
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States of America Constitution (free speech, assembly,
association to petition for redress). Defendant will further assert
that the actions taken by American agents are illegal within the
legal system of which this Honorable Court is a representative. The
arrest, detention, and prosecution of Defendant violate the
Constitution and laws of the United States. Defendant will assert
that the law enforcement personnel protecting those engaged in
desecration of a sacred site violated United States law and are
guilty of aiding and abetting a violation of the State of Hawaii
law on desecration. As set forth above, Defendant intends to
present defenses that are substantive and complex. Defendant
requests the Court to grant Defendants Motion for Limited Special
Appearance by Kingdom Representative to ensure Defendant has
adequate counsel on these issues. Defendant requests permission for
this limited special appearance as a matter of equity to ensure
that the Defendant is protected as a subject of the Kingdom by a
representative of his government as per treaty and as a matter of
comity between two sovereigns. The very fact that the government of
which this Honorable Court is a part denies recognition to
Defendants government argues for enhanced representation. The
special appearance is also for the purpose of informing the court
of violations of Defendants rights within international law and
expressed by treaty.
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The Kingdom wishes to aid the court to prevent further injury to
its citizen by illegal seizure of his body, imprisonment,
imposition of financial penalty, denial of his right to freely
travel to and from his lands, and damaging of his reputation.
Defendant is requesting permission of this Honorable Court for the
limited special appearance in this case by Alii Manao Nui (Chief
Advocate and Spiritual Advisor to the King, hereinafter Chief
Advocate) Lanny Sinkin to participate as representative for
Defendant, subject of the Kingdom, in all matters potentially
infringing on the rights of Defendant as a subject of the Hawaiian
Kingdom, on the rights of the Hawaiian Independence Movement,
and/or on the rights of the King and the Kingdom to operate as a
sovereign government in its own lands The Chief Advocate serves by
appointment of Edmund K. Silva, Jr., Alii Nui Mi (High Chief/King),
whose sacred name is Nalikolauokalani-
Kealohilanikikaupeaokalani-kapahupineakaleikoa-keopuhiwa-Paki. The
Chief Advocate retired from twenty-five years of practicing as an
attorney within the United States legal system. His biographical
information is provided to the Court as Exhibit 3. The King
directed the Chief Advocate to seek this Limited Special Appearance
for purposes of assisting this Honorable Court in addressing
serious issues of profound importance to the Kingdom raised by the
above-captioned case. Exhibit 4. The Alii Manao Nui will provide
the relevant Kingdom law to be considered, offer historical
information relevant to this case, represent the interests of the
Defendant as a citizen of the Kingdom, and represent the Kingdom as
part of the Hawaiian Independence Movement and as a sovereign
nation.
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In support of the Motion for Limited Special Appearance by
Kingdom Representative, Defendant submits the Kingdoms proffer in
the Appendix to this Brief. The Proffer is a compilation of issues,
legal arguments, and evidence demonstrating the assistance the
Kingdom representative can provide to this Honorable Court, the
Prosecutor, and the Defendant in resolving the issues before the
Court. This proffer provides the Court a preview of the legal
issues raised by this case from the perspective of the Defendant,
as a subject of the Kingdom; the Hawaiian Independence Movement;
and the restored Kingdom of Hawaii led by Alii Nui Mi (High
Chief/King) Edmund Kelii Silva, Jr. For purposes of this case, the
term Hawaiian Independence Movement is used as defined in footnote
2 infra. The restored Kingdom of Hawaii or restored Kingdom or
Kingdom refers specifically to the government put into place by
Alii Nui Mi (High Chief/King) Edmund Kelii Silva, Jr. The term
United States refers to the Federal Government of the United States
and all subordinate governments, such as the State of Hawaii;
government agencies, such as the Office of Hawaiian Affairs; and
organizations funded by the State of Hawaii, such as the Roll
Commission (Kanaiiowalu).
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For the foregoing reasons, Defendant moves this Honorable Court
to grant a limited special appearance by the Kingdoms Chief
Advocate. Respectfully submitted,
________________________________________ Alapai H. Kaulia Defendant
Pro Se Date: ______________________
