Ka Wai Ola - Office of Hawaiian Affairs, Volume 28, Number 12, 1 December 2011 — A dying inmate is released after 41 years [ARTICLE+ILLUSTRATION]

A dying inmate is released after 41 years

By Francine Murray On Oct. 28, the Hawai'i Paroling Authority released Delbert Wakinekona from prison, and he walked away a free man for the first time in more than four decades. Wakinekona, 67, is dying of liver disease. At the parole hearing, a parole officer offered to house Wakinekona if he was released, a former warden from Folsom State Prison vouched for his conduct, and state Sen. Maile Shimabukuro, who represents the district where Wakinekona planned to return to live, supported his retum to his family. "It was pretty clear where the (paroling authority) members were going onee the DPS (Department of Puhlie Safety) doctor revealed that Delbert has only days or maybe a month to live," said Alan Murakami of the Native Hawaiian Legal Corp., who worked on the case for Wakinekona's compassionate release. Some of the NHLC staff working on his

case met Wakinekona for the first time at their offices on Nov. 2 as they welcomed him for a small luneheon. Wakinekona told them the first thing he did was pineh himself to see if he was dreaming. And then, he said, he thought of future generations. "We got to start working with the young kids, even if we have to take them back to the 'āina the old-fashioned way," he said, stressing the importance of nurturing Hawai'i's youth and preventing them from following his path. "Take them back to the 'āina because it isn't like the old days. There are too many gangs. If you belong to one gang and you have family in prison that belong to another gang, you will have to fight eaeh other and someone will get hurt. We all Hawaiians. We not gangs." For decades Wakinekona has lobbied for better conditions and educational programs for prisoners. "All that time, 41 years both here and on the mainland he has been speaking about the need for programs, and what really

matters not just for himself but for everyone," said retired Judge Eden Hifo, who served in District Court and Circuit Court for more than 22 years. "Today after being through all of that, you ean hear that still in his heart and in his head. And if anyone has the credentials to speak about these things, it is Wakinekona." In 1976, Wakinekona, a prisoner in Hawai'i's maximum control unit who was sentenced for burglary and felony murder in 1970, appeared at a hearing to examine why the unit's programs were a failure. After the hearing, Wakinekona was singled out as a troublemaker, according to U.S. Court of Appeals records, and three days later he received nohee that he was being considered for transfer to another penitentiary. He was sent to Folsom State Prison in California. Wakinekona sued, claiming the transfer violated the due process clause of the 14th amendment, because the committee, whieh decided to transfer him, was biased against him. The case moved through the courts, until in 1983

when the U.S. Supreme Court ruled against the constitutional challenge, and the great interstate inmate transfer from Hawai'i began. "He brought this lawsuit (Wakinekona v. Olim), whieh is

now a pretty eommon thing, I am sorry to say, all over the country because the conditions are so bad," explained Judge Hifo, formerly known as the sleuth KGMB TV news reporter Bambi Weil, who attended the William S. Richardson Law School at the University of Hawai'i. "As a result of the lawsuit, the media was given access to cover it, and we got to go to OCCC (O'ahu C o m m u n i t y Correctional Center). And as we went

through, of course, we found Mr. Wakinekona. He was in his cage and was able to show us the rat hole, whieh the cameras were of course able to focus on. He spoke to us and we were able to continue to follow up." It all started when Wakinekona wrote a letter to reporter Weil and someone snuck it out to her. There was going to be a sit-down strike, and he thought she could be a voice for those in prison, recalled Wakinekona. "I wanted her to know this would be a peaceful demonstration." In the letter, he suggested she meet the warden, and said, 'When you hear the horn blow, that's me.' " Wakinekona later escaped and was convicted for it, but while he

was out he vowed to turn himself in if they would consider improving conditions for the other inmates. However, they would not negotiate

with an escapee. Recalling his time at Folsom, Wakinekona said: "All they had there was the Mexican Maha, the Black Guerrilla Family, and here, one stupid Hawaiian." He felt alone, like he was in a foreign country.

"I survived 20 years up there. How? It's all in here," he said, pointing to his head. "You have to stay strong within yourself. In life, respect gets you respect. If I don't give you respect, I don't think you will give me respect. That is what we have to teach the kids: respect among themselves and the kūpuna. It kept me going." Wakinekona said he believes the key to r e d u e i n g recidivism is education, and he is adamant about it. "They've aot

nothing," he says of prisoners. "So what do they expect a guy in prison to do when he comes out? "They have to go home to their parents, some may have a wife, but then what? They never learn anything. Whatever they used to do before, say drugs, they will do drugs. And where will they end up? Back in the House. That is why they need programs to improve, learn and change," Wakinekona said in an ever-weakening voice. "We are all Hawaiian. These brothers coming out have nothing. These boys are willing to work. Put them to work and have them go to school on the weekends. And then, they ean work on the land and give back to the community." ■

"In life, respect gets you respect. If I don't give you respect, I don't think you will give me respect. That is what we have to teach the kids: respect among themselves and the kūpuna. It kept me going." — Delbert Wakinekona, a dying former inmate and longtime advocate for prisioners

At a Nov. 2 luneheon in his honor, Delbert Wakinekona, center, poses with Lillian Harwood, left, whom he married later that day, and retired Judge Eden Hifo, formerly known as reporter Bambi Weil. - Photo: Pmneine Murray