Six of seven members of a Hawaiian sovereignty group facing felony burglary charges after last year's takeover of 'Iolani Palace walked out of court yesterday with smiles on their faces.

Circuit Judge Richard Pollack dismissed the burglary counts against all but the leader of the group, James Akahi, who also calls himself Akahi Nui and claims to be the heir to the throne of the Kingdom of Hawai'i.

Pollock said the state attorney general's office did not have enough evidence to prove that the other defendants had the intent to burglarize the palace when they entered the building Aug. 15, 2008, statehood day.

The six defendants still face petty misdemeanor charges of second-degree trespass. They are: Akahi's wife, Grace, who is also known as Akahi Wahine; Wayne and Waynette Nunes; Vanessa Fimbres; and Terry N. and Tanya K. Kaahanui.

Deputy Attorney General Mark Miyahira told Pollack he will consult with his office about filing a possible appeal of the ruling.

Defense attorney David Sereno said he and James Akahi look forward to trial on the remaining burglary charge, which has been tentatively scheduled for mid-June.

Sereno said he also intends to file a motion asking Pollack to reconsider his decision that allows the petty misdemeanor charges to remain against Grace Akahi and the other defendants.

The other defendants declined comment, referring questions to Sereno.

After members of the group entered the palace last year, they raised their flag on the barracks flagpole and chained gates closed around the palace grounds.

James Akahi said afterward that he intended to chain himself to the throne in the palace but couldn't find the throne room.

Pollack ruled yesterday that statements Akahi and others made to police and media after the takeover provided sufficient evidence to bind Akahi over for trial on the felony burglary charge. But the judge ruled that the statements were vague and conflicting about the other defendants' roles and intentions in the takeover and he dismissed the burglary counts against them.

Kippen de Alba Chu, executive director of 'Iolani Palace and chairman of the Hawai'i statehood commission, had no comment after Pollack's ruling.

Chu said earlier this year that the palace would not be included as an official venue in any of the events scheduled in August to commemorate the 50th anniversary of Hawai'i statehood. Chu acknowledged that concerns about potential demonstrations, like the one last year staged by Free Hawai'i, was a factor in the decision to exclude the palace from statehood anniversary events.

A related case in which two members of the Akahi group are charged with felony assault of an 'Iolani Palace employee during the takeover is still pending in another court.

One of those defendants, Donald Love-Boltz, 73, failed to appear for court proceedings earlier this month and a bench warrant is outstanding for his arrest.

The other, Robert Roggasch, attempted to argue in court that he is immune from prosecution because of his membership in a sovereignty group.

Circuit Judge Karen Ahn delayed ruling on that argument until next month. Miyahira of the attorney general's office has since filed a motion in the case noting that the sovereign immunity argument has been previously rejected by Hawai'i courts.

Love-Boltz and Roggasch are accused of assaulting palace employee Betty Jean Ah Yuen by repeatedly swinging a metal gate and "smashing" her against a gate pillar.

Judge Ahn rejected defense arguments that the gate did not meet the legal definition of a "dangerous instrument."