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The Honolulu Advertiser

Posted on: Monday, September 6, 2004

Letters to the Editor

Just compensation in leasehold conversion

Regarding the Sept. 1 article titled "Native Hawaiian march Monday," which mentions as one of the concerns the bill before the City Council that seeks to repeal the leasehold conversion law: The article states "Native Hawaiian organizations favor the repeal of the law because condemnation would end an income stream that benefits trusts."

This is a common misconception that needs to be refuted. Condemnation of leasehold interests of condominiums will not end any income stream. To the contrary: The leasehold conversion ordinance provides for just compensation to be paid to the fee owner at the current fair-market value of the leased fee interest. The fee owner may then invest that money and continue to have an income stream.

In fact, with wise investing, the income would probably be considerably increased over that obtained from condominiums, since many condominium leases restrict the lease rent to 6 percent of the fee value of the land.

Mary H. Shelton
Kahala


Public vigils require cultural protocol

In light of several upcoming events, I would like to share a concern I have regarding the use of Hawaiian protocol in a growing phenomenon — public vigils. In the dictionary, there is a religious component attached to the meaning of the word "vigil." So I am happy when the organizers of public vigils (regardless of the topic) make the effort to use Hawaiian cultural protocols and recite Hawaiian prayers in their ceremonies.

We have heard it time and again; there is a vigil at the Capitol, at 'Iolani Palace, at the summit of the volcanoes, in many sacred places across this land. This is fine, appropriate and strengthening, for they were done by our ancestors before us. Our custom was (and remains) that if there is a vigil being observed, there was prayer.

Our ancestors prayed before the breaking of dawn, all day and all night. Why? Because they first had to concentrate to find what was righteous, wise, insightful and proper before they asked for power to accomplish a deed. Always the prayer first.

If we were to read the multitude of ancestral prayer chants, we would see prayers for forgiveness, for thanks, for supplication, for inspiration, for the invocation of family gods, even prayers lifting defilement. But the one thing we must remember is the sanctity of the prayer — before performing the deed. Here are some notable lines of a mele oli pule: "Awed into silence are the unceremonious ones, awed into silence are the wicked, awed into silence are the unbelievers, awed into silence are the inattentive, or given to sport." As the descendants of those who wrote those words, let us contemplate in prayer before we act — whether those actions be cultural, personal or political.

Let us not dismiss the spiritual integrity of a vigil. There is a time to pule (pray) and a time to resist (ku'e). As a courtesy to everyone, let us not confuse politics with culture nor culture with politics. Let us be honorable and prayful always.

John Keolamaka'ainana Lake
Honolulu


Band students pay to play in the game

Regarding Max Miura's Sept. 1 letter "Band members usually are given a better deal": While I do not claim to speak for all of the high school band directors in the state of Hawai'i, I believe band students (or the state for that matter) end up paying to play in the game.

It is the band students' moral obligation as members of their community to lend their skills to support their "home team." This does not discount the fact that band students, as opposed to their peers who pay the same price for activity books, are subject to rules as to what to wear in the way of a band uniform, behavior rules for the safety of their school-owned instrument, and protection from potential harassment from their less-understanding peers.

Band students could simply attend as "civilians," but in the spirit of community, my students contribute.

There really needs to be a decision made by one of the governing bodies as to whether bands are an essential facet of high school sports ambience or simply a convenient source of funds.

Michael Bataluna
Director, Kaiser High School Band & Orchestra


Rail system would save Hawai'i's beauty

Echoing the sentiments of E. Alvey Wright (Letters, Sept. 2), I encourage everyone in Hawai'i to support efforts for the construction of a rapid-transit or light-rail system.

Cities where advanced transit systems thrive (e.g., Portland, New York City, Paris, Tokyo, etc.) tend to benefit both culturally and economically; they also spare the environmental assaults caused by automobiles.

Nowhere is the threat of road over-construction more evident than in Hawai'i; if we tenaciously cling to the extreme, anti-taxation-based ethos of highway building as the panacea for O'ahu's traffic problems, we will continue to lose the natural beauty of the place in which I was born and raised.

Gilbert Achay
Minneapolis, Minn.


Kuhio Avenue, Ala Wai projects a mistake

You have published several letters on city changes to Waikiki. In one, Joe Zuiker took on "shortsighted politicians" (Aug. 2). As the only Waikiki politician in office during the Kalakaua, Kuhio and Ala Wai beautification projects, let me respond.

Politicians did not oppose the Kalakaua beautification project. Faced with resident opposition to closing off a lane starting at Ka'iulani, the city ran a month-long test that showed no additional traffic build-up. The city acted as it should, preparing for the project with meetings and a test.

On Kuhio, the city was operating off a consensus that sidewalks were too narrow and the cement-canyon-like road too ugly. But the project in its final form surprised most of Waikiki by cutting down lane size as well as lane number. Now we worry that stand-still traffic on Kuhio won't clear up once construction finishes, and we are concerned that emergency vehicles will have trouble getting through Kuhio's narrowed lanes.

The Ala Wai project is worse, permanently taking out one lane the entire length of the boulevard and unnecessarily removing 75 parking spaces. The city admits that in the 1960s and 1970s, it mistakenly allowed condominiums built with just one parking stall per unit. The city gave us Waikiki's parking mess. How then can the city make parking worse, not better?

We should keep the parking that exists on the Ala Wai, add parking elsewhere and build the two-way bike path cyclists need. That's what residents and "shortsighted politicians" want. Too bad the city no longer works with the community before implementing controversial projects.

Rep. Galen Fox
R-23rd (Waikiki, Ala Moana, Kaka'ako)


UH football team is changing ownership

When Joe Moore recently lamented the demotion of the "Hawaii Five-0" theme at UH football games, he also raised an important question, "Who does UH football belong to, anyway?"

Does it belong to those in the UH community who love and identify with UH, its traditions and programs? Or does it belong to a very small group of insiders who cavalierly and unilaterally changed the Rainbow name, its logo, its colors, etc.? Who are these people and are they here for the long run, or like carpetbaggers, will they leave us to wallow in what they had wrought when opportunity beckons elsewhere?

People are concerned that a handful of individuals runs UH football and that their motto appears to be: "Tradition sucks, merchandising rocks!" Long live the Manoa marketeering mentality.

Richard Y. Will
Honolulu


Trees are all right, just in wrong places

Carol Kauliakamoa is correct in her complaint about the mayor's landscaping with trees (Aug. 31). However, I would like to qualify her comments by adding "planting in the wrong places."

Trees are wonderful and essential to our well-being but not if they are planted in the wrong locations. And we, who seem to have more common sense than the city's landscapers, could name a number of the wrong locations.

Mandy Bowers
Manoa


Frank Fasi's the one

The only one real viable and logical candidate for mayor is "Fearless" Frank Fasi. He has proven himself throughout the decades.

Anyone else is out of the question.

Manny Russo
Mo'ili'ili


Union membership has improved employees' lot

As we celebrate Labor Day 2004, it seems appropriate to ask: "Why a union?"

The answer is that unions promote fairness by leveling the playing field between workers and management. A strong contract is the best way to ensure workers share the fruits of their labor.

And Americans need unions more than ever:

  • The U.S. Census Bureau reported last month that nearly 36 million Americans, 12.9 million of them children, live below the poverty line. The percentage of the U.S. population living in poverty rose for the third straight year to 12.5 percent. More than 17 percent of children live in poverty.
  • The number of Americans without health insurance increased to 45 million, or 15.6 percent of the population. In 2003, 1.4 million people lost their insurance.

Unions created America's middle class, which turned our nation into the greatest economic power in history. The fortunes of businesses from General Motors to the corner mom-and-pop store depend on the buying power of working men and women.

In September 1997, The New York Times studied the effect of union membership and found:

  • Union workers make 20 percent higher hourly wages than nonunion workers.
  • Union workers have two to four times more fringe benefits.
  • 85 percent of union members have employer-provided healthcare, as opposed to 57 percent of nonunion members.

The New York Times concluded, "Turning a nonunion job into a union job very likely will have a bigger effect on lifetime finances than all the advice employees will ever read about investing in their 401(k) plans, buying a home, or otherwise making sure of what they earn."

So on Labor Day 2004, as you enjoy a holiday made possible by America's labor unions, take a moment to thank our working men and women. And if you do not belong to a union, ask yourself, "Why not?"

Russell K. Okata
Executive director, Hawai'i Government Employees Association


Shaun Rodrigues is innocent

After reading the Sept. 2 editorial, I am compelled to respond to the grave misconceptions and inaccuracies surrounding Shaun Rodrigues' case.

First and foremost, I want to make clear my sincere sympathy for the Sugihara family. No one should have to endure what Dawn and Dianne Sugihara went through. Their life and privacy was forever shattered by the monster who entered their home.

Having said that, I must now state to them and the public that Shaun Rodrigues is not the person who committed this horrible act. Shaun Rodrigues is innocent!

What is so frustrating about this case is that the sole evidence used to implicate Shaun is the out-of-court photo-spread identifications made by the Sugiharas. There is absolutely no other physical or objective evidence to suggest that Shaun committed this dastardly act.

Every other piece of evidence points to his innocence. He was home sleeping in Kailua when the Manoa invasion occurred. How do we know this? Because his brother was playing video games within an arm's reach. His mother left him sleeping and returned within an hour and he was there. His grandmother called long-distance from California and spoke to Shaun's brother, who indicated this. Telephone records proved this call was placed during the time the Sugiharas were going through their harrowing ordeal.

We have an affidavit from a Honolulu police detective in this case who was intimately aware of the details who said that there was insufficient proof of Shaun's guilt.

We have polygraph exams taken by both Shaun and his mother, Toni Kurihara, that confirm he was home.

We have a statement from another individual, corroborated by independent evidence, that indicates another person admitted to doing the act. We have more evidence too voluminous to recount in this letter.

So why am I so frustrated? Because the state and the public do not want justice. There is a lynch-mob mentality that is pervasive in this case, which is frankly disturbing.

Now I must go back to the sole evidence in this case — eyewitness identification — through a photo spread. This type of evidence has been outlawed in several states. Why? Because it leads to innocent individuals being held accountable for crimes they did not commit. New Jersey's attorney general, the leading proponent for legislating this type of procedure out of existence, made it known to the public that he was dismayed at having innocent individuals spend decades in jail, only to be exonerated by DNA evidence.

A recent study of 40 cases of wrongful convictions determined that an unbelievable 90 percent of the wrongful convictions were premised on eyewitness identifications. In one unbelievable case, five independent witnesses swore that the accused was the assailant.

Why didn't the military boot Shaun? Because they know what he, his family and I know. Shaun is innocent.

Just the other day, I read a news article about a man who spent two decades in jail for a rape — only to be exonerated by DNA evidence. The sole evidence at trial — you guessed it — was eyewitness testimony.

I began my journey 23 years ago in law on the silly notion that something like this should never happen to anyone. Unfortunately that notion is just that — silly. I gave an oath long ago that I would not stand idly by and countenance injustice. I am keeping that promise, even in the face of this lynch-mob mentality.

William A. Harrison
Attorney for Shaun Rodrigues