SHOCKED, SHOCKED

SHOCKED, SHOCKED: There are predictable times when we news junkies just throw up our hands and go to the library for a bevy of books. It could be the coverage of anything from the trial of the century of the week or some other bleeder-leader that preempts the rest of what passes for news, both locally and nationally.

So we certainly didn't expect coverage of anything of interest when the APEC minions and sycophants marched into town, other than the obligatory protests and even then only the pictures of sign-carriers and super-sized puppets rather than an examination of why these free trade conferences are the scourge of the "developing world."

But lo an behold, some gun-toting g-man from the state department who's supposedly there to provide "protection" to dignitaries, goes out and gets into a 3 a.m. racially-charged altercation at the all-night McDonald’s in Waikiki and shoots and kills a local kid who's out on the town.

Now that would get our attention no matter what. But the mysterious circumstances regarding the charging and release of Christopher Deedy are even more bizarre than the incident itself.

Despite the "duh" headline- "Low bail, swift release suggest to some that suspect had help"- an otherwise extremely informative article by Honolulu Star-Advertiser investigative reporter par excellence Rob Perez reveals that everything from the relatively low bail and lightning fast release of Deedy, to the lack of release of any details by police, was anything but routine.

Perez asked a pack of attorneys who for the most part agreed that the quarter-million dollar bail would have been "highly unusual" even for an indigent suspect, not only for the low amount but the speed with which it was established, paid and the suspect released- all occurring hours before he was scheduled to appear before a judge for arraignment

Not only that but Deedy has apparently disappeared and could be anywhere, even back on the mainland awaiting a court appearance on Nov. 17 after the APEC conference ends.

The problem is that although many smell a rat due to apparent Washington, D.C. diplomatic intervention, what will undoubtedly not get local much less national press coverage is what it says about our judiciary in that they apparently knuckled under to pressure from above in record time- a record even for the notoriously corrupt Hawaii criminal justice system.

We can't help but wonder if Perez's article will be the beginning and end of any investigation of how a murder suspect could be processed and released in the manner Deedy was. But if the kid's gloves the with which the Honolulu media usually treats the Honolulu police, prosecutors and courts is any indication, we don't expect suspicions of something rotten in the state of Hawai`i to get much attention in the future.

Well, it's back to Carl Hiaasen and Lisa Lutz for us. Wake us when Deedy turns up.

SEEING- AND HEARING- IS BELIEVING

SEEING- AND HEARING- IS BELIEVING: For some reason we seem to have become the clearinghouse for people calling to find out why the heck recent cablecasts of council meetings look like they were done by an aggregation of orangutans using the very first video cameras ever made.

"What the heck is with Ho`ike this time" they scream into the phone, regarding what most assume is yet another incompetent screwup by the Kaua`i public access TV outlet.

The video looks like a 10th generation re-dub and the audio sounds like it was recorded in a bathtub ever since the council moved back into the Historic County Building and the "automatic" system they had installed during the renovation was fired up.

And that's when it worked. Last week's meeting was pure torture to view with the sound of 120-decibel white noise accompanying the wide view of the panel, and the rest, when it was audible at all, was recorded at barely a whisper.

But after talking to Ho`ike Managing Director J Robertson this morning, we discovered what we suspected all along- for once Ho`ike isn't to blame.

And starting tomorrow if all goes well the "new" automated, voice-activated recording system will be scrapped in favor of the old human-driven cameras and recording devices with a real live director, Bill "BC" Charles, at the helm.

According to Robertson, he met with Council Chair Jay Furfaro last week and Furfaro has agreed to scrub the new installation that was initiated by former Council Chair Kaipo Asing.

Seems Asing thought that system used in courts was the cat's meow so had it ordered and installed without consulting Robertson or anyone else who understood anything about video.

"It's certainly not broadcast quality" Robertson said, understating the look of the JAVS system and explaining that the cost for decent cameras wouldn't have been very much more.

"I wish they would have worked with us," he said.

But while we had the near-impossible-to-reach Robertson on the phone, we asked another question that has been a matter of discontent for many- why the meetings can't be cablecast live like the rest of the country.

When Time Warner took over the local cable system, they finally finished constructing what is known as the "I-Net" which connects government facilities to the public access's "head end" where they send their signal from.

Roberson said it connects the Historic County Building with the administrative offices in the Round Building and surrounding offices as well as all the fire stations, the police and courts complex, all the county neighborhood centers and schools.
But he says, the reason he can't use it is because the administration has refused to let him have access to the signal from the council and planning and police commission meetings.

He says he tried for years when Erik Knutzen was the county IT chief but that Knutzen told him- as he had told us- that both former Mayor Bryan Baptiste and current Mayor Bernard Carvalho wouldn't let them have the live signal, which has been viewable live in administrative offices for many years now.

Robertson said he talked to Furfaro about using the I-Net to put live meetings on Ho`ike and that Furfaro seemed receptive to the idea of just cutting the administration out as a "middleman" and making the signal available directly from the council to Ho`ike.

So are we counting on viewable council meetings beginning tomorrow or live ones in the near future?

What are we- freakin' idiots?

No, that's a question that only someone who has never dealt with the council or Ho`ike would ask expecting a positive response. As usual we'll believe it when we see it.

AZAMBOGUS

AZAMBOGUS: When it comes to the local Kaua`i newspaper it takes an awful lot to flabbergast us.

But today's article headlining, on the basis of one unidentified source, that "Radiation feared in Airport shutdown; Airport worker: HAZMAT team was looking for radiation" might just take the cake for the all time most irresponsible piece of "journalism" (note the quotes) we've ever seen.

"Reporter" (those quotes again) Leo Azambuja quotes a single "airport worker" who apparently was speculating him or her self for the story which, if true, would no doubt make national headlines.

Who the heck would "go with" a story like this, especially with an apparent denial from the county and a lack of confirmation from the state?

Now journalists do sometimes report items from single, unidentified sources, But it is, as it should be, rare and the exception to the rule and done only under certain very strict circumstances.

If the source is well known to the reporter, in a position to know and has been extremely reliable in the past there may be a way to present the story with consultation and confirmation with the source by an editor. But publication should come only if every effort has been made to either confirm or debunk the story, especially one that could cause a panic if published.

If the call is made to publish the reporter and editor should then make every effort to inform the reader as to the reason for the single anonymous sourcing and any other information on the source that can be revealed. The information as to why the source is being protected should be included making it very clear at every point in the story that the statement is unconfirmed.

This is what a modern 21st century policy would yield at the NY Times, Washington Post or Associated Press.

In this case it sounds to us like the source just doesn't want to be identified because the story is probably bogus and based on idiotic, uninformed speculation.

But the fact that there is an apparent denial changes circumstances. Actually we have no idea whether there really was a denial from County Spokesperson Mary Daubert because Azambuja's reporting on that is so ambiguous:

County spokeswoman Mary Daubert said the HAZMAT crew tested the center checkpoint for toxic and hazardous odors and substances and found none, and found no radiation.

It's said almost as an afterthought and who knows how or even if the question was posed. You would think for something this important there would be a quote and clarity as to what was said by the spokesperson who's in a position to know.

It's no wonder that no one has picked up on this story even though the Honolulu Star Advertiser and Associated Press commonly, by agreement, re-report local Kaua`i newspaper stories. No one in their right mind would pick up a story like this without any confirmation or at least more information or other sources.

The obvious thing here is that, were this to be some stupid innocuous story like 99% of what appears in the local paper no one would care. But this has the potential to cause panic and people- especially visitors- refusing to go anywhere near the screening area or even the airport itself. Who could blame them?

And all based on a report from "an airport worker" who, for all we know is a janitor or someone who has no connection with the screening process and may have no idea what it would look like if someone was indeed testing for radiation.

Sheesh.

YOU WANT IT WHEN?

YOU WANT IT WHEN?: We tried- we really did.

But once again, like clockwork, our "little buddy" Leo Azambuja, apparently watched a different county council committee meeting than we did a week ago Wednesday (October 28).

Although the agenda item was a report on the new landfill, what actually happened apparently went completely over Azambuja's head.

The acronym MRF- standing for Materials Recovery Facility- never saw the light of day in the article on the meeting. But it was the central topic of discussion after it was discovered that, despite the desperate need for a MRF to move forward on curbside recycling, the administration, as many have feared, is apparently going to wait for the process of siting the new landfill and completing an environmental impact statement to even start actually building a MRF.

That's because, according to Councilperson JoAnn Yukimura, the administration of Mayor Bernard Carvalho is apparently so enamored of their vision for a Resource Recovery Facility at the same location as the new landfill that they won't even consider anything else.

Rather than starting the process now separately from the landfill siting- which won't be done until at least 2020 according to the administration's presentation- there were no plans presented to indicate that the administration even considered trying to get the MRF "done yesterday" so to speak, in order to divert trash from the old, nearing-capacity landfill so as to buy time for siting a new one.

That would mean construction of an MRF won't even start until June of 2016, Yukimura indicated after looking at the administration's timeline.

Not only that but siting the MRF and other resource recovery facilities inland and near the new landfill is a numbskull idea for a number of reasons despite widespread claims that it "sounds logical."

First of all, as Yukimura and Councilperson Tim Bynum both pointed out, hauling the recyclables far inland- where the presumed new landfill site is- and then back to the harbor will increase costs immensely. But siting the MRF near the harbor would actually make sense so apparently it wasn't considered by the administration.

What no one mentioned is the massive mix of trucks going in and out will cause unneeded congestion costing time and money. And of course if the facilities are too close to the landfill itself, it would put the kibosh on expansion into the area where the facilities are sited.

The reality is that, despite the fact that a MRF was supposed to be completed this year according to the Integrated Solid Waste Program the county approved years ago- and that the "pilot" curbside recycling program had to be suspended for lack of a MRF- there is apparently still no fire under the butts of the Department of Public Works to get the process started except as part of the landfill siting process.

County Engineer Larry Dill did come forward to say that the administration was supposedly working separately on a MRF but it seems like a CYA afterthought. It came only after former County Engineer and current Environmental Services Officer Donald Fujimoto seemed incredibly befuddled by the criticism, apparently because the administration has been so stuck on the concept of putting all the trash-related stuff in one place that they didn't see the need for a MRF as being the most important solid-waste-related project for the county right now.

The whole matter will be back on the agenda soon because the discussion was continually being cut short since the subjects of the MRF and the old landfill weren't even on the agenda.

But the fact that even after the embarrassment of having to cut short the pilot curbside recycling program, even after the passage of a new zero waste resolution by the council AND administration, even though the current landfill's life apparently won't get us to the opening of a new landfill and it's filling up faster than it was supposed to and even though all those recyclables are going into the current landfill because there is no MRF, the administration is still in la-la land with their grand plan for their one-stop opala palace.

Excuse us while we look for a place to get sick.

MAYBE THE ZOMBIES ATE THEM

MAYBE THE ZOMBIES ATE THEM: We've devoted a slew of bits to the case of Big Island blogger Damon Tucker's beating and arrest- allegedly at the hands of the Hawai`i County Police Department (HiPD)- for, as Tucker claims, photographing a melee outside a Pahoa bar last August after being told to stop doing so.

But even though it appears that Tucker was well within his rights to take photos in a public place, the charges of obstructing police operations is going forward, despite the fact that it appears from the video that he was across the street from all the "action."

The statement from the HiPD that "(t)he Hawaii Police Department recognizes that the media and the public have every right to photograph police activity in a public place from a safe distance" indicates that they do know that Photography Is Not a Crime, as the national clearinghouse website of the same name states.

But apparently that is not the case in Los Angeles where the LA Sheriff’s Department is being sued by the ACLU of Southern California "alleging they harassed, detained and improperly searched photographers taking pictures legally in public places," according to the LA Times.

The article states that:

The federal lawsuit alleges the Sheriff's Department and deputies "have repeatedly" subjected photographers "to detention, search and interrogation simply because they took pictures" from public streets of places such as Metro turnstiles, oil refineries or near a Long Beach courthouse.

"Photography is not a crime. It's protected 1st Amendment expression," said Peter Bibring, senior staff attorney for the American Civil Liberties Union of Southern California. "It violates the Constitution's core protections for sheriff’s deputies to detain and search people who are doing nothing wrong. To single them out for such treatment while they’re pursuing a constitutionally protected activity is doubly wrong."

Bibring said the policy and practices of the Sheriff's Department reflect a widespread misuse of "suspicious activity reporting" under the auspices of Homeland Security and counterterrorism. Similar suits have been filed in several other states.

Note that it's alleged that it's not isolated incidents but a policy of the department that is the subject of the suit.

The problem is that it's apparent in our reading of the lawsuit itself that either the cops are complete imbeciles who can't tell real terrorism threats from things like photographing innocuous locations or else they are using the law to harass people who won't kow-tow to abuse of their authority.

We suspect the latter.

Don't believe it? Here's more from the same lawsuit:

In another incident, deputies detained and searched Shane Quentin, a photographer with a master's in fine arts from UC Irvine while he was taking pictures of brilliantly lighted refineries in South Los Angeles on Jan. 21. Deputies frisked Quentin and placed him in the back of a police cruiser for about 45 minutes before releasing him. Two years before, Quentin had been ordered twice by deputies to stop taking photos of the refineries, according to the suit.

With the exception of a few bad actors, we on the neighbor island get accustomed to encountering officers who are genurinely trying to protect and serve and take seriously their responsibility to refrain from trampling on citizens' rights in trying to put away the bad guys.

But as our population grows, we're forced more and more to recruit new officers from the same mainland climes where these kinds of attitudes lead to having a populace that is alienated from the paramilitary operation which is supposed to keep them safe without making for an "us" vs. them" paradigm.

We're not sure what's going on inside the HiPD as far as Tucker's obstruction case goes. We sure hope that they are considering abandoning Tucker's prosecution and even repremanding the officers and instituting training on how to handle such situations without escalating them into news-worthy events.

But as Tucker waits for the resolution of the criminal charges and readies his civil suit, this federal lawsuit is going to be one to watch, not just for us but for HiPD as they wrestle with their own in a department that has had more than its share of bad actors over the years.

SAIL AWAY

SAIL AWAY: We admit to not paying a lot of attention as we let the six hour plus snoozefest- i.e. last week's Kaua`i County Council committee meetings- play, preferring our murder mystery about a detective with Tourette's Syndrome to the seemingly interminable description of the "Multimodal Land Transportation Plan" that began the meeting.

All we could think was, as Glenn Mickens would say, "as if." But that's another column entirely.

It didn’t seem to get any better as Bill 2415 "relating to exemptions for commercial alternative energy facilities" hit the floor. Apparently some developers are seeing dollar signs and have all this "useless" ag land which can now be developed into large-scale solar farms. And they all want to maximize profits by getting a tax break from the county for installing something that just sits there and creates profit for 20 years with minimal maintenance.

But as the discussion droned on as to whether it was indeed agricultural or industrial use, the fact that there would be a limit to the amount of electricity that our local electrical co-op can handle from an "intermittent source" like solar- which only makes hay when the sun shines- came up.

That got our attention because once again it reminded us of the fact that, as anyone who wants to actually put solar panels on their roof and avoid paying for electricity has found out, they are no longer able to participate in the "net metering" program.

Net metering is when the excess electricity one generates from their photovoltaic systems is sold to the co-op at the same rate the user pays for using the co-op's juice, making the "meter run backwards" as they say.

Anyone who missed the boat on net metering gets paid something for the juice they can't use, but not the same "equal" amount that those who got in early pay.

Unless, that is, you're an ag-land-rich developer.

For some reason, even though the amount that individuals can produce without throwing the whole electrical system into chaos has reached its limit, the amount for those who want to sell electricity to KIUC on a large scale basis has not.
And they're even apparently going to get a tax break.

There are plans of course to figure out a storage medium, whether by using super-batteries or by heating water or a through few other schemes. But these seem to be reserved for those who want to "sell you electricity" which of course is, like investor-owned utitlities, still the core business plan of our local electric co-op, despite the fact that it is now owned by the end users.

Getting "free" electricity from the sun is a great idea. The problem comes when the way we go about it is to make it so that the only one who gets it for "free" is KIUC which then turns around and sells it to us rather than facilitating putting panels on individual users' roofs and providing its members with the "free" stuff.

(Saturday Special) THE LUNATIC IS IN MY HEAD

THE LUNATIC IS IN MY HEAD: Ever since Thursday we've had a nagging feeling we were missing something after reading the article in the local newspaper about Tuesday's Kaua‘i Island Utility Cooperative (KIUC) board meeting where it was announced that they were going to essentially ignore the Federal Energy Regulatory Commission's (FERC) ruling dismissing of two of KIUC's eight preliminary hydropower permits and throwing the rest into question.

So on Thursday, when we couldn't quite put our finger on it, we decided to rehash the story of the apparently sleazy way KIUC's deal with Free Flow Power (FFP) went down.

But last night it all became clear after we read a Facebook posting by board member Ben Sullivan.

Sullivan for some reason has taken it upon himself to be the spokesperson for the board's insistence that they are not going to abandon the FERC permits or process in favor of what the FERC called the state's "long history of authorizing and regulating hydropower projects."

Last night, in a seemingly tone-deaf statement accompanying a notice for this week's three meetings regarding KIUC's remaining FERC hydroelectric projects, he wrote "I think our approach is a good one, we just have to make sure there is ample communication and that we work together during the evaluation."

"What approach?" we thought. "What communication? The insistence that the FERC process is the right one no matter what anyone says?"

All of a sudden it hit us. Part of the FERC ruling said essentially that they would no longer issue any more permits for the state of Hawai`i. And that makes KIUC's whole stated reason for using FERC in the first place no longer valid.

KIUC has repeatedly said that they had to use FERC because they were afraid someone else would take out preliminary permits and by doing so, under FERC rules, obtain sole rights to develop those projects. That, they said, would have put KIUC over a barrel of having to negotiate with whomever got the permit and buy the power- possibly at an inflated price- denying the coop actual ownership of the facilities.

But now that no one can get one of those preliminary (or final for that matter) permits, nobody can do that anymore so there's no reason that KIUC even needs a FERC permit anymore.

It's that simple.

But there was also one more claim made by Sullivan that flies in the face of KIUC's previous statements regarding the state regulatory process.

It has been a matter of some ambiguity as to whether there is or is not a state "process for approval" of hydropower in Hawai`i. But according to the FERC ruling “Hawai‘i has a long history of authorizing and regulating hydropower projects at the state level,” and has approved 13 projects throughout the state citing a recent one in Wailuku, Maui.

The whole problem with the FERC process, according to Don Heacock and Adam Asqueth- the two aquatic biologists who have been challenging the use of FERC's federal oversight- is that, due to a US Supreme Court (SCOTUS) ruling, the feds apparently have the power to usurp the state's excellent water use laws which protect whole watersheds and ecosystems, regulating stream flow, water distribution and use as well as other essential matters.

KIUC has maintained over and over that they will follow all state regulation and standards in using the FERC process for public participation and decision making, even pointing to a different SCOTUS ruling that they claim may rule out the usurping of state law.

But seemingly contradicting this is another statement made by Sullivan in Thursday’s article.

Sullivan said there are certain advantages to using FERC for permitting.

“One of the them is the cumbersome nature of the state process —and perhaps even the non-existence of a state process — and that’s an important issue we’ve discussed,” he said. “There’s high cost involved in a process that has no timeline for ending, and it’s difficult to know whether it’s in the members’ interest to even engage in such a process. The FERC avenue offers an alternate to that, potentially. It also lays out a process that we can limit, as you have suggested, and I think that it’s something that the staff is constantly working with the state to do.”

So in other words KIUC does NOT necessarily intend to honor all of the state's water laws as they pledged when state water authorities came out against the use of the FERC permitting.

There is apparently some honest- to-god, double-talking bullcrap going on with KIUC (what else is new). If you care, show up for one or all of this week's meetings and tell them to stop the prevarications and misrepresentations, abandon the FERC process and follow the state law... as they pledged they would.

The meetings are scheduled for Tuesday at Waimea Theater, Wednesday at Hanalei School cafeteria and Thursday at Kapa‘a Middle School cafeteria all from 6 to 7:30 p.m.