Judge deciding whether man can build property over Hawaiian burials

A contentious legal battle on Kaua’i over what constitutes proper treatment of unmarked Hawaiian burials could lead to new state laws on the subject, the judge hearing the case said yesterday.

Fifth Circuit Court Judge Kathleen Watanabe said she’ll decide by Sept. 16 whether to grant Kaua’i resident Jeff Chandler’s request that she stop construction of a house at a beachfront lot on Kaua’i’s North Shore.

But Watanabe warned the parties that “this court has a very small amount it can do with this case,” which involves the fate of 30 iwi, or Native Hawaiian skeletal remains, unearthed at the property.

“The biggest problem is the law does not go far enough to protect these burials,” Watanabe said yesterday after three days of testimony regarding Chandler’s motion for a preliminary injunction to stop construction on a lot owned by Joseph Brescia, a California resident.

“Perhaps the best thing that will come out of this case will be some changes in the law,” the judge said.

Chandler’s lawsuit names Brescia, state Historic Preservation Division Administrator Pua Aiu and state Department of Land and Natural Resources Director Laura Thielen. It alleges that Brescia’s archeological consultants “submitted an incomplete and misleading burial treatment plan” to the state Historic Preservation Division about how he would deal with the burials, some of which are believed to date from the 13th century.

The Historic Preservation Division, which is a part of the DLNR, improperly overturned a decision by the Kaua’i-Ni’ihau Island Burial Council to “preserve in place” the 30 burials on the land, the lawsuit said.

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(Source: Honolulu Advertiser)

Four former high school friends were sentenced to between 90 and 349 days in jail Friday for their roles in the fatal beating of professional surfer Emery Kauanui, sentences far shorter than prosecutors had sought.

Superior Court Judge John S. Einhorn said he considered the defendants’ past clean records and lack of evidence that any of them delivered the fatal blow, even as he chastised them for spreading fear in the upscale seaside community of La Jolla with alcohol-tinged fights.

“You don’t have to be a criminal street gang to be a bunch of bullies that together think they’re stronger, tougher, smarter, and can get away with murder,” the judge said at the sentencing for all but one defendant in the case.

Seth Cravens, alleged to be the ringleader, has pleaded not guilty to murder and faces trial Oct. 14.

A bar argument in 2007 ended in a showdown that left Kauanui, 24, bleeding outside his mother’s home. Hospitalized with severe head trauma, he died three days later after being taken off life support.

Kauanui’s mother tearfully told the judge she lost the love of her life.

“All I can tell you is that I love him so much and it’s just not the same,” said Cindy Kauanui. “Our family is broken.”

The single parent of three left the courtroom before the judge read the sentences.

Nigel Kauanui spoke of how his brother encouraged him to become a musician. The surfer’s girlfriend of six years, Jennifer Grosso, said losing him was a “lifetime sentence.”

“I lost the love of my life, a soulmate and someone I was planning to spend the rest of my life with,” Grosso said.

Raised in Kauai, Hawaii, and nicknamed the “Flying Hawaiian,” Kauanui was a fixture at San Diego’s Windansea Beach, just a few blocks from his house, where his favorite surf break is now called “Emery’s Left.”

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(Source: San Francisco Chronicle)

Related Stories
4 men get less than year in jail for beating death of pro surfer from Kauai (Honolulu Advertiser)
Jail terms for 4 San Diego men in surfer’s death (photos) (The Associated Press)

Kaua‘i residents paid the highest electricity price in the state during the month of June, according to the Department of Business, Economic Development and Tourism’s first-ever energy trends report issued yesterday.

The report states that Kaua‘i residents were charged $0.466 per kilowatt hour in June, compared to $0.297 per kilowatt hour for Honolulu residents.

The statewide average residential rate was $0.333 per kilowatt hour, about 2 cents more than a year ago.

Kaua‘i Island Utility Cooperative tends to have higher rates than other Hawai‘i utilities because the co-op does not burn coal or heavy oils such as bunker fuel, which are cheaper than diesel or naptha.

In addition, Kaua‘i has fewer customers to share the costs of power generation, and the island is still paying for post-Hurricane ‘Iniki infrastructure repairs, Randy Hee, KIUC president and chief executive, said yesterday.

The actual KIUC residential effective rate in June was slightly lower than reported by the state, at $0.439 per kilowatt hour. In July rates increased to $0.471, followed by another jump in August to $0.492, the highest on record.

Hee said at the co-op’s monthly board meeting last week that rates should decline in September due to a drop in fuel costs.

The energy trends report, to be published monthly, will provide a regular look at energy and oil prices, as well as consumption as the state moves toward its clean energy goals.

“As the most oil-dependent state in the U.S., Hawai‘i is facing a great challenge in dealing with rising energy prices,” DBEDT Director Theodore E. Liu said. “The monthly energy data will help policymakers and the general public monitor and understand the demand and supply side of our energy. By continuing to track the data into the future, we can see how well we are progressing toward the 70 percent renewable energy target by 2030.”

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(Source: Kauai Garden Island News)

After hearing public concerns over slow emergency response times, the county Fire Commission on Tuesday launched a discussion on public versus private medical response services.

The seven-member appointed body also considered the potential advantage of the county’s having its own helicopter for emergencies rather than contracting mostly with island tour companies.

The Kaua‘i Fire Department provides first-responder service for every call, Kaua‘i Fire Chief Robert Westerman said. The state-contracted American Medical Response ambulances meet the firefighters at the scene to provide emergency medical services and transport any victims to the hospital.

The commissioners said they want to learn more about the possible benefits of bringing medical response into the fire department.

“It seems a logical step in the future,” commission Chair George Simpson said.

The commission should consider discussing the possibility of the county establishing “fire-based EMS,” he said, a system where the fire department has its own ambulances and provides emergency medical services.

Westerman said the public and private services can coexist, and often do in many locales throughout the nation.

But first the economics, along with the pros and cons, must be studied, he said, adding that the county would need to hire a consultant to do such an evaluation.

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(Source: Nathan Eagle, Kauai Garden Island News)

Kaua’i police are seeking to locate a 22-year-old Utah man who has been missing since April 13.

Jesse Glenn Pinegar is believed to be somewhere on the island’s north shore, possibly in Kalalau Valley or working on a farm.

Pinegar stands 6 feet 1 and weighs about 185 pounds. He has a tattoo of a Celtic Tree of Life on his right shoulder and a Celtic bear tattoo on the left side of his abdomen.

Anyone with information on his whereabouts can call police dispatch at 808-241-1711; police Investigative Services at 808-241-1696, or Kaua’i CrimeStoppers at 808-241-1887.

(Source: Honolulu Advertiser)

Infamous Management is proud to announce the addition of Keala Kennelly to the crew at this, a pivotal point in her career. After years of dominating the WCT and garnering tons of magazine coverage, Keala took a break from surfing to pursue acting in 2007.

This year she returns to pro surfing with the goal to break ground on the women’s side of the sport; she wants to become the first ever successful female pro free surfer.

Keala was born into surfing. Her mom surfed while pregnant with her, and her dad had her surfing on the nose of his board by the time she was 3. Growing up in Kauai under the influence of the Irons brothers Keala learned to rip big waves and push herself early on. She carved out a niche  for her rebellious self while on the WCT tour conquering Teahupoo and Pipe.

In addition to her surfing success, Keala is also an accomplished actress. She had a cameo appearance in the big screen movie, Blue Crush, in which she performed surf stunts, and she has also played a recurring role in the HBO television show, John from Cincinnati.

Though she is known for her massive tow-ins at Teahupoo (first in 2005 and again this May), her fearless style and countless accolades, she is more than a surfer that can charge. Keala is an ambassador of women’s surfing and a powerful role model. Not only does she want to change what it means to be a female pro surfer, but she also wants to fight for equality for women in surfing.

“Keala is such a strong icon for women’s surfing, and she has helped the sport grow so much by surfing in bigger waves.” -Infamous surfer, Leilani Gryde

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(Source: Global Surf News)