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The Honolulu Advertiser
Posted on: Thursday, June 28, 2001

Letters to the Editor

Consent veto opens up review of other laws

Gov. Cayetano has given us a new standard for judging a law's value. If one ignorant person gets tripped up in the five-year age exemption for sexual activity with a male or female minor, that merits vetoing a law. An examination of other laws is now in order.

We know that some women lie about their husbands beating them up. We need to repeal our spousal-abuse laws to prevent innocent husbands from going to jail. We know that some women have been killed by safe, legal abortion and others have been coerced into abortions by boyfriends, husbands or parents. Perhaps the governor would take the lead in pressing for informed-consent and parental-notice laws.

He might even lead a national campaign to require abortion clinics to adhere to the same public health standards that other free-standing clinics must.

Thanks to Cayetano's lead, we can eliminate unfair laws before we are all caught in Catch-22 situations.

Carol White


Political correctness is a modern witch-craze

In the June 21 letter, Rollie Barcume says that "judges have been allowing criminal defendants to use their hatred as a shield" — and that suspects in robbery, home invasion or murder trials have been allowed by these same judges to introduce evidence and argue to juries that their hatred for some group to which the victim belongs makes their crimes socially acceptable and has even won them acquittals.

Political correctness is a modern American witch-craze. Defendants in criminal trials are not, by and large, so popular. They need the protection of the court, too.

Influential members of society single out and identify an "enemy of the people," e.g., the witch, the heretic, the homophobe. This infamous enemy is then vilified.

Bronislaw Malinowski describes this tendency as universally human and persistent. Certain clearly defined groups are "suspected of causing evils for which one otherwise would have to blame all the members of the community, its government, the decrees of destiny or other elements against which immediate reaction is not possible." A myth is created about the diabolical threat to society. The consequence of the widespread fear is the madness of "the hunt." Accompanying "the hunt" are false accusations, ruined reputations and sentences precipitously handed down that actually are so long as to put the criminal defendant "away for good."

Skeptics are easily accused of consorting with the pariah, and any reservations they might have are dismissed. Crazes can last from four years (McCarthyism from 1950 to 1954) to two centuries (the European witch-craze of the 16th and 17th centuries).

Richard Thompson


Pedestrians should also pay attention

From the mayor and Perry and Price telling motorists to "Drive Akamai" to pedestrians complaining about distracted motorists, we motorists have heard it all.

The way it sounds, Hawai'i motorists are deaf, blind and just don't care. Sure, I've been angered by motorists who are all over the road with a cell phone glued to their ears. Or the driver who puts on his or her turn signal and simultaneously merges into my lane without any thought of clearance. But isn't this a little one-sided?

How about a program asking pedestrians to "Walk Akamai?" It's a fact that a 150-pound human can stop faster than a 3,000-pound automobile, yet I've experienced pedestrians who wait until I'm within 10 to 15 feet of a crosswalk, look directly at me and step out into the crosswalk, even if the "don't walk" sign is illuminated or blinking, as though challenging me to hit them.

Then there's the middle-of-the-block street crosser who darts out from between parked cars. What if, just at the same moment they made the stupid decision to dart out into oncoming traffic, I was monitoring my rear-view mirror in anticipation of a lane change? A good driver continually monitors what is occurring within a 360-degree circle of his or her vehicle.

I've seen far more adult pedestrians set a poor example for the kids of Hawai'i by totally ignoring walk/don't-walk signs and crossing in the middle of the street than I've seen inconsiderate drivers.

John L. Shupe


Consider Clifton on his legal merits

Hawai'i's senators, as reported in the June 23 issue, have concerns about the nomination of Richard Clifton for a position on the 9th Circuit Court of Appeals. These concerns are reportedly based on considerations unrelated to Clifton's qualifications.

Clifton is a person of character and integrity who also is a skilled lawyer. He deserves to be considered on the merits.

Randall W. Roth


Jim Duffy deserved seat on federal bench

President Bush's withdrawal of Honolulu attorney Jim Duffy from the nomination for judge of the 9th Federal Circuit Court of Appeals is shockingly partisan and unprincipled.

Jim Duffy is one of Hawai'i's, and our nation's, finest lawyers: highly intelligent, a great practitioner, independent-minded and humble, to boot. He is very highly admired by fellow attorneys, including his opponents, and by the judiciary.

After being nominated by President Clinton for a place on the U.S. Court of Appeals, he would likely have been appointed to fill a vacancy on the Hawai'i Supreme Court had he been willing to reject Clinton's nomination. An appointment to the Hawai'i Supreme Court would have allowed him to do his work here rather than having to fly frequently to and from San Francisco. Instead, his integrity and sense of duty led him to stick with the ill-fated nomination.

Now, the GOP's excessive partisanship has resulted in the withdrawal of his nomination in order to appoint a lawyer who has a close association with the Republican Party. This move had deprived us of Jim Duffy's service on the bench.

Democratic U.S. senators would be well justified to withhold approval of Richard Clifton's appointment to the federal bench unless and until Jim Duffy receives his appointment to the 9th Circuit Court of Appeals. Sens. Akaka and Inouye should be strongly urged to pursue that strategy.

Richard S. Miller
Professor of Law, Emeritus


Neighborhood boards also political creatures

The Advertiser and others of the Hawai'i media have been reporting lately that Big Island Mayor Harry Kim and our two U.S. senators will be the only "regular political officeholders in Hawai'i" not up for re-election in 2002.

Honolulu Mayor Jeremy Harris debunked that idea on June 1 when he presided over the installation of many of the 400-plus members of Honolulu's various neighborhood boards. He pointed out during that ceremony that the board members installed this month would serve until May 2003.

Perhaps reporters just don't think the neighborhood board system is "political enough," or maybe they just don't take neighborhood board members seriously. Again, Harris put the lie to those thoughts when he allocated $1 million in CIP money to each of the county's neighborhood boards.

Many of our state and county elected officials began their political careers as members of a neighborhood board. Those of us now serving take our obligation to the public very seriously. And perhaps, given proper recognition from the local media, we could help to increase individual participation and confidence in the processes of our government.

Webster defines "political" as "of or concerned with government, the state or politics." It's a good word, and I'm proud to be one of several hundred unpaid elected politicians serving the people of the City & County of Honolulu.

Ken Armstrong
McCully-Mo'ili'ili Neighborhood Board


Hawai'i should open casino in Las Vegas

In my zeal to keep gambling out of Hawai'i, I have tried to come up with a solution to this nagging issue. Recently, as I was piloting my armchair rocket-in-cable-space with two hands on my remote, I came upon the Discovery Channel, where Las Vegas was that evening's theme. It hit me as they panned the Vegas skylight: If Hawai'i residents want to gamble, let them in Vegas.

Let's buy a resort casino in Las Vegas, a proven place where gambling works. We can call it "Diamond Head-East Resort & Casino." This place can have kama'aina rates for the locals who go there or live there. Local food, local entertainers, local settings will be part of the ambiance.

All we have to do is do as the Joneses do or the class resort casinos in Vegas do. Who knows, maybe tourists can spend a couple of days at our casino and then fly to the real Hawai'i for four days of rest and relaxation for one price.

You might ask, "John, how much ahi I gotta catch to pay for this?" Well, let's see, hmmm, how about the Hurricane Relief Fund, which we all know where that is going and it's not in your wallet. What about the tobacco settlement rainy-day fund? That's another "black hole theory." By the way, where is that money and how much is there? If we can get our government to cough up that money, we could have enough.

If by chance someone else claims this idea, run with it. I'm going to save the crocodiles with the Crocodile Hunter at 7.

John Ornellas
Lana'i City


Opportunity being lost in Damien's decision

I am still in shock over the demoralizing decision by Brother O'Donnell to not allow the Damien football team to play St. Louis.

My son proudly played for Damien for four years. I sat in horror in the stands at Aloha Stadium and watched as his arm was broken during a game with St. Louis and I also sat in the stands and watched him proudly return to the field, weeks later with his cast still on, and play against St. Louis again. He loved it and I, as a proud parent of a son who gave his best on the field for Damien, loved to watch him.

It didn't matter that they won or lost. What mattered was the effort the boys put into the game. The heart they played with. The determination to do their best for their school and their team. To watch them walk out of the locker room with their heads held high was fantastic. And, it was all because they knew they had given their all.

Being team mom, it was a blast to go back to the school and listen to the boys talk about the games with such pride while they inhaled the potluck prepared by us parents. It was a special time that they should not be deprived of.

Carol L. Hicks


Liberty House impact

Lee Cataluna is to be congratulated for her first-rate front-page column on Liberty House June 20.

With several excellent examples, she put into perspective how much this company became an integral part of the Hawai'i community from the time it first opened its doors.

Mike Brown


HECO should be doing a lot more — but it isn't

I was pleasantly surprised to read Rep. Hermina Morita's courageous article on the archaic and narrow thinking of HECO's management.

HECO seems to have dug its heels into the ground while it watches the future pass it by. In an ideal world, HECO should be the leader in alternative sources of electrical energy here and begin large, diverse trials of new, exciting and nonpolluting alternative energy pilot programs.

It should pressure us to cut our consumption by 11 percent, as is being implemented in California. It should not be pushing air conditioners, but should be pushing legislation for greater tax breaks on all new energy sources. It should be rewarding customers who use less energy. It should be rewarded by the ratepayers for lowering electrical energy consumption.

It should be introducing net metering bills into the Legislature. It should be socially conscious of the community sentiment and aesthetically conscious of the visual blight of huge power lines. It should be the protectors of Wa'ahila Ridge. It should be introducing legislation and talking with the PUC to acquire the funds to start to underground all utility lines in the state (despite any money it may make from cable and telephone fees).

It should be focusing on Hawai'i's energy priorities and not distracting itself with poor investments like the Philippines, China and non-electricity investments like American Savings.

But this is not an ideal world. Somewhere deep down inside, the community senses that HECO is not only blind to change, as Rep. Morita so ably describes, but that it is leading our state down the wrong path — the path of being totally dependent on fossil fuels and its higher future costs (which under present rules, HECO can directly pass on to its ratepayers).

Wa'ahila Ridge has become a symbol of Honolulu's desire to move into a cleaner independent energy future and keep its natural beauty. Many of us believe both of these goals are possible.

Jeremy Lam