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The Honolulu Advertiser
Posted on: Thursday, August 21, 2008

Iowa man to plead not guilty to assaulting palace staffer

Advertiser Staff and News Services

Hawaii news photo - The Honolulu Advertiser

Donald Alfred Love-Boltz

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A 73-year-old Iowa man will plead not guilty to assaulting an employee during Friday's takeover at 'Iolani Palace by a Native Hawaiian sovereignty group, his attorney said yesterday.

Donald Alfred Love-Boltz, of Lansing, Iowa, a retired Army man and self-proclaimed "USA patrolman," was charged by information yesterday with second-degree assault, a move that superceded a scheduled preliminary hearing at District Court.

The state Department of the Attorney General is prosecuting Love-Boltz for allegedly causing injury to Betty Jean Noelani Ah Yuen, facilities manager for the Friends of 'Iolani Palace.

Also yesterday, 'Iolani Palace officials expressed approval of state and city plans to increase security following two recent takeover attempts by Native Hawaiian groups.

"We are extremely pleased with the commitment from both the state and the city to increase security measures to protect the invaluable grounds, building and contents of 'Iolani Palace as well as to ensure the safety and peace of mind of our guests and employees," said Kippen de Alba Chu, executive director of the Friends of Iolani Palace.

"We have taken measures within the palace to step up security as well, and will continue to do so in the near future in close cooperation with the various law enforcement agencies," he said.

According to an affidavit filed at District Court by George Y.H. Do, an investigator for the state attorney general's office, three witnesses identified Love-Boltz as the person who swung a heavy iron gate multiple times that struck Ah Yuen, causing her body to be smashed between the gate and a concrete pillar. Ah Yuen suffered back and neck injuries, the affidavit stated.

The affidavit was filed in support of the warrantless arrest of Love-Boltz and the charges filed Sunday.

By charging Love-Boltz by information, the state canceled the need for yesterday's preliminary hearing for probable cause, which would likely have required the three witnesses, unidentified in the affidavit, and possibly Ah Yuen to testify.

Love-Boltz was taken to the Halawa Correctional Facility yesterday to be processed again for second-degree assault. He is free on $5,000 bail pending his arraignment and plea, which will occur within the next 20 days at Circuit Court.

Walter Rodby, Love-Boltz's attorney, expected there would be no preliminary hearing yesterday, which would have allowed him to question witnesses.

"We will enter a plea of not guilty," Rodby said.

He continued, "The Honolulu Police Department enforces all laws of the state of Hawai'i. Had Mr. Love-Boltz violated any law, they would have arrested him to ensure the safety of everybody. ... Had there been an assault in front of (an HPD officer), he would have made an arrest. He did not make an arrest because there was no assault."

Deputy Attorney General Mark Miyahira is prosecuting Love-Boltz. He likely will prosecute the 22 others charged so far in connection with the takeover. Six people are charged with second-degree burglary and 16 others with criminal trespass.

Nearly 100 state and city law enforcement officers were on the scene Friday when 25 people were arrested, officials said.

The incursion came about four months after a takeover attempt by another group, the self-proclaimed Hawaiian Kingdom Government, which has continued to meet on the palace grounds with a permit.