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The Honolulu Advertiser
Posted on: Saturday, August 1, 2009

$1,000 fine for palace trespass


By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

James Akahi

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Hawaii news photo - The Honolulu Advertiser

Judge Richard Pollack

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The only man to go to trial after last year's occupation of 'Iolani Palace by a Hawaiian sovereignty group was acquitted yesterday of a felony burglary charge but convicted of simple trespass.

A Circuit Court jury deliberated for a day before finding James Akahi guilty of the lesser offense — a criminal violation punishable by no more than a $1,000 fine.

Akahi believes he is the rightful heir to the throne vacated by Queen Lili'uokalani in 1893 and led a group of six supporters who broke into the palace the evening of Aug. 15, 2008, planning to place Akahi briefly on the palace throne.

But they never found the throne room on the first floor and were apprehended on the stairs leading to the second floor.

The Attorney General's office alleged that Akahi illegally entered the palace with the intent of causing criminal property damage or taking possession of a historical artifact, charging him with second-degree burglary.

Defense attorney David Sereno successfully argued that the state had failed to prove that Akahi meant to do anything more than sit briefly on the throne.

Akahi told Circuit Judge Richard Pollack that he meant no harm.

"I was trying to help out the kanaka maoli people and put them back on their own land," Akahi said.

The group had sent notices to the governor's office announcing their plans in advance, Sereno said.

And before entering the building, the group put on protective booties required of all people who enter the palace, Sereno pointed out.

Deputy Attorney General Mark Miyahira asked Circuit Judge Richard Pollack to impose the maximum $1,000 fine.

"Mr. Akahi did enter a building that is very sacred to a great many people," Miyahira said, adding that his actions could have damaged palace artifacts and placed individuals in danger of physical harm.

And Miyahira noted that Akahi has a criminal record going back to 1962 that includes convictions for escape, assault, harassment and larceny.

Sereno, a Maui attorney, recommended a $100 fine, saying that Akahi, who is also from Maui, has already spent thousands of dollars on travel and legal expenses.

Pollack sentenced Akahi to the maximum $1,000 fine and said it must be paid within six months.

"The way you went about this couldn't have been more wrong," Pollack said.

"I certainly hope you never come before the court for something like this ever again," the judge said.

During jury selection, it was apparent that Akahi's actions at the palace had angered a great many people, Pollack pointed out.

The judge earlier dismissed burglary charges against Akahi's six co-defendants, including Akahi's wife.

Miyahira said the state may appeal Pollack's dismissal of those charges.

Sereno said Akahi's six co-defendants may also be charged with trespassing.

Two other men, Donald Love-Boltz and Robert Roggasch, are scheduled for trial later this month on charges of assaulting palace employee Noelani Ah Yuen during the August 15 incident.