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The Honolulu Advertiser
Posted at 12:21 p.m., Thursday, December 4, 2003

Kamehameha deal approved by judge

By Mike Gordon and Vicki Viotti
Advertiser Staff Writers

Citing ancient Hawaiian laws and "honest mistakes," a federal judge approved an out-of-court settlment today that allows a non-Hawaiian boy to continue his education at Kamehameha Schools.

The lawsuit that had come before U.S. District Judge David Ezra was settled last week by the school and attorneys representing 12-year-old Brayden Mohica-Cummings. It challenged Kamehameha Schools' Hawaiian-preference admissions policy. The settlement required Ezra's approval.

The boy's mother, Kalena Santos, sat in the courtroom today as Ezra spoke. She was adopted by a man of Hawaiian ancestry as his "hanai" child and she had said that was the basis for her son's admission.

It was a distinction Ezra did not take lightly. He spoke of two kinds of Hawaiian adoption: keiki hanai and keiki ho'okama.

Both were in effect when the schools' benefactor, Princess Bernice Pauahi Bishop wrote the will that provides funding for the school.

Ancient Hawaiian law viewed keiko ho'okama as children of Hawaiian blood, Ezra said. It was "a sacred relationship," he said.

"This was the law of the kingdom," he said, repeatedly tapping his bench with his finger. "This was the law of Hawai'i at the time Bernice Pauahi Bishop made her will. She was a brilliant woman. She understood the law."

Ezra also said no one tried to deceive the school about the boy's racial lineage.

"It's just not true," he said. "There were honest mistakes made here."

Mohica-Cummings had received a letter of acceptance from Kamehameha in July, only to have the acceptance rescinded Aug. 13 after school officials concluded the boy's mother could not document that she or her son were of Hawaiian ancestry.

Santos said afterward that she felt "great relief" that the settlement was approved. Ezra's comments on her adoption "touched my heart," she said.

Santos also thanked the schools for making her son feel welcome.

"They made him feel like he was part of the 'ohana," a teary-eyed Santos said.

The Mohica-Cummings settlement, reached last week, was assisted by three financial backers who offered to pay the nonlegal costs. That cleared the way for the settlement, according to two of the backers, but it sparked an outcry from a Hawaiian group that has pledged financial retaliation against the backers.

John Goemans, the Big Island lawyer serving as the plaintiffs' local attorney on both cases, said neither he nor Mainland attorney Eric Grant were being paid for their legal work in the cases.

Goemans said the three backers — Campbell Estate beneficiary James Growney, former Advertiser owner Thurston Twigg-Smith and former Wallace Theatre owner Scott Wallace — also helped cover expenses in Goemans' landmark Rice v. Cayetano case, in which the U.S. Supreme Court disallowed Hawaiian-only voting in the Office of Hawaiian Affairs elections.

Growney was unavailable for comment. Twigg-Smith and Wallace yesterday said their primary interest in paying the out-of-pocket costs was to speed settlement of the Mohica-Cummings case.

The settlement, and financial support for it by local business leaders, has been unpopular with some Hawaiian groups. Twigg-Smith said expenses so far amounted to "the low five figures" for both court cases. Grant declined to comment on the backers' offer or to estimate the expenses incurred.

Theater owner Wallace said the settlement was a good decision because "the boy's interest has to be placed first." He praised Grant for being willing to contribute his legal services for Mohica-Cummings' benefit.

"There are some good lawyers in the world," he said.

Reach Mike Gordon at mgordon@honoluluadvertiser.com or 525-8012 and Vicki Viotti at vviotti@honoluluadvertiser.com or 525-8053.