Ka Wai Ola - Office of Hawaiian Affairs, Volume 4, Number 6, 1 Iune 1987 — Kamakas Cite State's 'Total Disregard' [ARTICLE+ILLUSTRATION]

Kamakas Cite State's 'Total Disregard'

Leveling of Waiahole Gravesites Angers Family

By Kenny Haina, Editor Ka Wai Ola O OHA Badgered and bullied by the establishment, the beleaguered Kamaka ohana of Waikane wants their land story told so that other Hawaiians caught in a similar vise will know and understand the trauma they face in trying to get what they believe is rightfully and legally theirs. The family has had a long legal battle to retain ownership of lands in both Waikane and Waiahole Valleys. "We have tried to handle our case intelligently and legally, following the proper system but we have not gotten anywhere. It is a shame the way it has been handled in court," explained Judy Kamaka Cooper Tsutsui who has been serving as spokesperson for the group. She noted that the family has been fighting this battle on its own since the first adverse possession law suit surfaced in 1981. They've had hard luek with two lawyers, one of whom later became a judge. "We have financed as mueh of the cost as we could and we even did our own title search because we could not afford to hire a professional. So far we have appropriated out of our own pockets approximately $10,000 in expenses to protect our land and rights," Tsutsui reported. "We may be a big family but we have no money," she added. The family appeared before the Office of Hawaiian Affairs Board of Trustees several times, the last being Apr. 28, seeking financial assistance. The Board was sympathetic to their request but informed the family there were no such funds currently available, according to Raymond Kamaka. The family, however, did get assurance from the Board it supported their plight. Raymond Kamaka said that a Circuit Court case in the summer of 1986 was thrown out by Judge Frank T akao. Kamaka charged that while T akao "insisted and strictly required the Kamaka/Kaanaana families to adhere to the rules of court, and rules of evidence, he bent over backwards to permit the state and its attorneys to admit evidence without proper authentication or certification, and further permitted testimony of witnesses contrary to the rules of evidence." Kamaka said T akao threw the case out without allowing the jury to determine the merits of the land ciaims asserted by Kamaka/Kaanaana families on a motion for directed verdict. "Any citizen sitting in the same courtroom during the trial would have been absolutely appalled at the manner in whieh our families were treated. The judge did not give a single reason when asked for the basis of such a ruling. No effort was made to disguise the biased decisions in favor of the state by Judge Takao," Kamaka charged. The family, whieh had retained the services of Attorney Keoni Agard since February, 1986, has appealed Takao's action. According to the family, the Hawaii State Supreme Court is scheduled to hear the appeal sometime in August. The State, meanwhile, has added more fuel to the Kamaka controversy by bulldozing a portion of the land in Waiahole Valley containing gravesites of family members. The construction began Apr. 21 and the following day the family wrote a letter to Governor John David Waihee III asking him to order the work stopped until their appeal ean be heard. Ka Wai Ola O OHA went to the work sites May 12 whieh are labeled Parcels 67A and 13B. 01d trees have been bulldozed and some of the gravesites overrun. This newspaper, however, did find two gravesites opposite the cleared area whieh as yet have not been touched. Tsutsui and her cousin Raymond were plenty huhu over what they termed a "total disregard to four family gravesites." They said none of the family members were consulted about the bulldozing, least of all when it would start. "We honor our ancestors and had we been informed earlier we could have had a little service asking our descendants for permission to clear the land and beg their forgiveness," Tsutsui and Kamaka lamented. "Or we could have had the remains disinterred," they added. "We're not stopping construction. We merely want the State to give us something in return for our land, either in compensation, land exchange or some other arrangement," Tsutsui said. In their letter to Waihee, the family stated: "We have not been dealt with fairly by the State. There are 124 parcels of land the State asked to eondemn for future long term leases to farmers in Waiahole. We want the farmers to get their leases. We are simply asking the construction crews to work on the other 122 parcels. . .the State and its attorneys

have had our notice of appeal since Dec. 8, 1986. It is unfair for the State to ignore our simple request. The State ean surely take steps to begin construction without tampering with our family ancestral land until we receive a decision on our appeal. Our family considers our ancestral graves as our cultural, spiritual and historical heritage to a long family legacy." As this issue of Ka Wai Ola O OHA went to press, Kamaka said the family had not received a response from the Governor. An OHA letter dated May 8 under Chairman Moses K. Keale's signature also asks the Governor for the same considerations. Fed up with the laek of response from the state, Raymond Kamaka put himself at the mercy of bulldozers and heavy construction trucks Thursday, May 21, to stop further clearing of the land and dumping of opala on the gravesites. His action resulted in a meeting the next day with Hawaii Housing Authority officials and a representative from the Governor's office along

with members of the Kamaka ohana and their attorney. Because of the pressure of deadline, no report of the meeting was available. Since 1981, the family has made good faith attempts to amicably resolve this dispute. The State, however, chose to take the route of adverse possession, forcing the family to follow the avenue of appeal. The case has been hard on some of the Kamaka family members, causing emotional stress and physical strain. "Some of the people I grew up with in this valley (Waiahole) think we're fighting them and because of this attitude we get the cold shoulder," remarked one family member who did not want to be identified. Tsutsui, however, reemphasized that "we want these people to get their land. We are in no way ftghting them or putting up a roadblock to prevent them from moving ahead. We grew up with many of these people and we know them." "We are only asking for a fair treatment by the State and what is rightfully ours," she concluded.

This section of Kamaka ohana land in Waiahole Valley containing gravesites have been bulldozed.

Four members of the Kamaka family are shown at the Waiahole site. From left to right are William Aipia, Yvonne Bagor, Judy Kamaka Cooper Tsutsui and Raymond Kamaka.

Rocks mark location of two as yet untouched gravesites of Kamaka ohana in Waiahole Valley.