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The Honolulu Advertiser
Posted on: Saturday, August 15, 2009

Palace defendants acquitted


By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Donald Alfred Love-Boltz, left, and Robert Roggasch were accused of slamming a gate on an 'Iolani Palace worker.

RICHARD AMBO | The Honolulu Advertiser

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The state attorney general's office is batting zero in its efforts to win felony convictions against members of a Hawaiian sovereignty group that occupied 'Iolani Palace and its grounds last year.

A Circuit Court jury yesterday deliberated less than two hours before acquitting Donald Alfred Love-Boltz, 74, and Robert Roggasch, 70, of assault charges.

They were among the supporters of James Akahi, leader of the Kingdom of Hawaii Nation sovereignty group, who briefly took over the palace and its grounds on Statehood Day, Aug. 15, 2008.

Akahi was prosecuted last month on a felony burglary charge but was found guilty of misdemeanor trespassing.

Burglary charges against six others who accompanied Akahi into 'Iolani Palace after it had closed for business were dismissed earlier by Circuit Judge Richard Pollack.

Love-Boltz, who lives in Iowa, said after yesterday's verdict, "When a house of cards is built on lies, it's very easy to knock it down."

He and Roggasch were accused of slamming a heavy metal gate several times against palace employee Betty Jean Noelani Ah Yuen.

Testimony from witnesses at the trial differed about the involvement of the two men in the incident.

Ah Yuen said Roggasch hit her with the gate.

Kippen de Alba Chu, executive director of the Friends of 'Iolani Palace, testified that he saw Roggasch use the gate to strike Ah Yuen "with all his might."

Roggasch said Ah Yuen first ran into him and then ran into a concrete pillar holding up the gate.

Witness James Wright said he saw Love-Boltz hit Ah Yuen with the gate.

Advertiser reporter Rick Daysog, who was covering the incident that day, said he saw a third man who has been charged in the case, Norman Abihai, push Ah Yuen into the pillar.

Daysog said his view of what happened was partially obscured by the pillar.

Honolulu police Sgt. Yiukay Chan testified that he didn't see anybody assault anyone.

Deputy Attorney General Mark Miyahira, who prosecuted the case, yesterday was obviously disappointed by the verdict but said he wouldn't second-guess the jury.

"They're the triers of facts," Miyahira said. "I've got to respect what they rule."

Roggasch said the verdict "restores my hope in the judicial system. I'm really glad for everybody."

Ah Yuen could not be reached for comment yesterday. De Alba Chu also was unavailable for comment.

The third man charged in the assault case, Abihai, has not been tried because authorities can't find him.