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HomeMy WebLinkAboutCOM 1015.001 2008-2010 Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 Testimony in OPPISITION to Res. 415 -10: Comm. 1015, before the Hawaii County Council, December 6, 2010 I testify in Opposition to Res. 415 -10 where Council Member Emily Naeole is extended the Hawaii County Council's Sincere Gratitude for Her Years of Service to the County of Hawaii. Council Member Naeole's public actions in her Official Capacity were an embarrassment to the People of Hawaii, were self serving, and an insult to the very concept of government by the people. Council Member Naeole took a Sworn Oath of Office before her god to uphold and defend the Constitutions of the State and Federal governments, but instead used her Official Position to support organized government corruption and racketeering activity in the County of Hawaii. In conspiracy with Hawaii County Corporation Counsel Lincoln S.T. Ashida, Council Member Naeole committed numerous criminal acts and actions of Extortion in knowing and knowingly criminal violation of Hawaii Revised Statutes HRS 707 -764, where such acts and actions were for the purpose to prevent the exposure and membership of an Enterprise of corrupt government officials engaged in patterns and histories of racketeering activities in criminal violation of Federal RICO Statutes, for the benefit of the Enterprise. The attached fifty -one, (51), pages of this testimony identifies a RICO Enterprise and Council Member Emily Naeole's membership within the Enterprise, and is evidence of her support of organized government corruption and racketeering activities within the Hawaii County Government. THEREFORE: I am OPPOSED to Res. 415 -10: Comm. 1015 Sincerely, Dan A. Cole FIFTY -ONE (51) PAGES TO FOLLOW Comm. No. / Ref. To:hiligin Ref. Date, �0 R 7010 HAWAII hF.IMAL CODE OFFENSES AGAINST THE PERSON VH 4 EXTORTION f707464 Extortion. A perscst commits ethnics if the pion dins any i of the following: (1) Obtains, or exerts control over, the property or services of another with intent to deprive another of property or services thr eatenin by g by word or conduct to: (a) Caere bodily injury in the future to the person threatened or to any other person; • (b) Cause image to property or cause damage, as defined in section 708-890, computer onetwork; (c) Subject the person tad or any other person to physical con- finement or restraint Ad) Comet a penal dense; (e) Accuse some .- person of any offense or cause a penal charge to be instituted against some person; (f) Expose a secret or publicize an asserted fact, whether t�rue� r ;.. 0 t 1 1 . ' MD 7 : •*- 4� some person to Si , l . f y 1 1 ' i' or r ljcnb,, or to . 11# ii the threatened ! a s credit or business f (-• (g) Reveal any infonnatioon sought to be concealed by the person threat- ened or any other pin; (h) Testify or provide information or withhold testimony or informa- tion with respect to another's legal claim or cte se (1) Thke or withhold action as a public servant, oar "cause a public ser- vant [0 take � withhold such action-, e Berg about or tie a stole, boycott, or tam similar collective action, to obtain property that is not demanded or received for the benefit of the group that the decedent purports to represent; or (k) Do any other act that would not in itself substantially benefit the de- fit but which is calculated to harm substantially some person with respect to the wed person's health, safety, business, can- ing, career, financial condition, hem, or peso al relationships: Intentionally . (2) y����eagageaiaafiom wbidt another has legal right to abstain or to abstain from ©oonductin which another has of the to by t by word cc conduct too do any set forth in p (1Xa) through (k) (3) Makes or finances any extextionate extension of credit, or collects any extension of credit by donate means. [L 1979, c 106, pt of #1; am L 2041, c 33, #31 Case Notes In RICO aeon, plahniff did not satisfy essential element of adortion and failed to estabrtsh attempted extortion mgerthos des letter to plaintiff. 855 P. Sam. 1156. - Print Version - 'Whacky' comment to come before ethics board Page 1 of 1 West Hawes 1bdiy Print Page 'Whacky' comment to come before ethics board by Nancy Cook Lauer West Hawaii Today ncook- Iaueawesthawaiitoday.com Tuesday, June 9, 2009 9:59 AM HST HILO -- One of Hawaii County Councilwoman Emily Naeole's Keaau constituents didn't like it when she called him "whacky" in a West Hawaii I oday article last year and he's tiled an ethics complaint. The petition charging Naeole with violating his right to fair treatment is one of a series of ethics petitions Dan Cole filed that will be heard Wednesday by the county Board of Ethics. Other petitions charge two Corporation Counsel attorneys with conflicts of interest in rendering legal opinions on Cole's charges of government conspiracy. Cole is no stranger to the county or the legal system. He's been battling, mostly unsuccessfully, with the county since 2001, when a drainage project apparently damaged his property. "I'm naming names, dates and plans," Cole said about his planned appearance before the Ethics Board. Naeole couldn't be reached for comment Monday. Corporation Counsel attorney Michael Udovic said he'd be representing Naeole before the board Wednesday but couldn't comment before then. Section 2 -83 of the county code requires that "All persons shall be treated in a courteous, fair and impartial manner." Naeole's comments to West Hawaii Today came when the Hawaii County Council was considering paying for her attorney in Cole's case last summer. Cole had previously filed a petition for impeachment against Naeole in 3rd Circuit Court, accusing her of committing "official actions of malfeasance, misfeasance, nonfeasance, and maladministration for the purpose of assisting an enterprise engaged in a pattern of racketeering activities." Judge Greg Nakamura dismissed that case because the petition was signed by only one person, Cole, when it needed signatures that amounted to 2 percent of registered voters. The conflicts of interest charges are more complicated. Cole charges the county Department of Public Works with having a contractor dump polluted mud from a post -flood stream clearing project onto his property, instead of the rocks he thought he would be receiving. He also charges the county with creating an upstream levee on Waiakea Stream and preventing the natural flow through. The case grew from there, with charges of county and police retaliation thrown in along the way. "I feel sorry for him, actually" said Corporation Counsel Lincoln Ashida, who's named in one of the complaints. "He's filed many complaints against many people, and they've not been found to have merit." Copyright © 2010 West Hawaii Today http:// www.westhawaiitoday.com/articles /2009 /06/09 /local /local03.prt 12/5/2010 (Note: These minutes are in draft form and have not yet been approved by the Council.) - REGULAR SESSION HAWAI`I COUNTY COUNCIL 28 Session 25 Aupuni Street Hilo, Hawai`i December 2, 2009 INVOCATION: Reverend Larry Walter gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order by ORDER: Chair and Presiding Officer J Yoshimoto, at 9:12 a.m., in the Council Room, Hawai`i County Building. ROLL CALL PRESENT: Council Member Guy Enriques Council Member Brenda Ford Council Member Kelly Greenwell Council Member Pete Hoffmann Council Member Donald Ikeda Council Member Emily L Naeole - Beason Council Member Dennis "Fresh" Onishi Council Member Dominic Yagong Council Chair J Yoshimoto Also Present: Kenneth Goodenow, County Clerk Donna Lynn Goodenow, Council Services Assistant II Levi Hookano, Legal Specialist Glynis Yamada, Council Services Supervisor Drake Okinishi, Council Leg. Asst. Rodney Oshiro, Dep. County Clerk Joycelyn Iyo, Leg. Info. and Reference Tech. Pauline Kakugawa, Clerk III ValerieSue Carron, Clerk III Arlene Boteilho, Council Services Assistant II Amy Miwa, Council Leg. Asst. Kareen Forissier, Council Leg. Asst. Barbara Camarena, Council Aide Alan Parker. Executive on Aging, Ofc. of Aging Shelly Ogata, Council Aide Joyce Unoki, Accountant I Hawai`i County Council – 28 December 2, 2009 incorrectly —that if we do accept the funding for this particular grant and do the FIRM mapping— remapping while there is pending litigation in terms of the stream up there, then we would be in some sort of violation. And I don't know, but that's where I think what Ms. Ford is asking, I think is appropriate where we would have someone from Public Works and Mr. Ashida would have more time • to look into the matter. Because certainly, Mr. Ashida, are you aware of any pending litigation in regards to the flooding that took place up in this particular area? MR. ASHIDA: My recollection, and I cannot say conclusively but just my recollection of, I was under the impression that those claims had been resolved. But I may be wrong. So, please don't hold me to that. MR. YAGONG: Okay. MR. ASHIDA: But I can check. MR. YAGONG: `Cause I think what I heard Mr. Cole say, was that there is immediate pending litigation. So, Mr. Chairman, I'll yield the floor, but I want to—I do hear what you're saying, though. This is to purchase equipment. I hear that, but at the same time, we want to make sure that we don't step into something that we regret later. Thank you. CHR. YOSHIMOTO: Okay. Well, why don't we have staff contact someone from Public Works, because I think it's a very straightforward issue. It's not as complicated as some people make it out to be. We need to get to the facts and move on. So, that would be my suggestion. So, in the meantime, if someone from staff could call Public Works, we can just resolve it right away. MR. YAGONG: Right. CHR. YOSHIMOTO: Ms. Naeole, go ahead. MS. NAEOLE - BEASON: Yes. I just want to say, it's been three long years that I've been dealing with the testifier and just been hounding me for three years. And I had nothing to do with anything, but it seems like I'm a crook. But —so, every time I talked earlier about issues about anger, and so I just wanted to say that I know, Brenda, you think that something is still going on in the Court process. We're not too sure, but for three years I've been hounded about this same issue, and I have not —had nothing to do with anything. But I, just wanted to say that I believe —we all talk about money, budget, somebody throwing in our hand $71,300 —I think we should grab it, and that's my mana `o. Mahalo. CHR. YOSHIMOTO: Okay, thank you, Ms. Naeole. Mr. Greenwell. Page 135 Hawaii County Council — 28 December 2, 2009 MR. HOFFMANN: Thank you, Mr. Chairman. I, too, won't be supporting any postponement. It this seems to be very clear. But I'll tell you one thing, I rarely have any comments about testifiers coming before us. And I have no clue what the issue is between yourself, Mr. Chairman, or Emily and Mr. Cole. But I refuse, honestly, to sit here and be called a clown by this testifier or any other testifiers when we had a very good discussion on a whole, on perhaps the most critical issue this Council will face. When a testifier comes before me and tells me I'm a bunch of clowns sitting here on—in that type of a thing, I honestly can give him no credibility. What he was talking about has nothing to do, as I see it, with Bill 166. Mr. Chairman, I'm surprised you didn't call him out of order. I recognize the problem you had if you did that, but he was not speaking on this issue at all. I will not vote for a postponement under these circumstances. Thank you. CHR. YOSHIMOTO: Thank you, Mr. Hoffmann. Ms. Naeole. MS. NAEOLE - BEASON: Yes. Even me, I will not be supporting the postponement because, like I said, for three long years I had nothing to do with anything. And I feel like I was wondering if he went harass the Council Member before me before I came along. So, because for three long years every time I turn one comer, a was harassing me and I had to call Lincoln and try to ask for help, •,; and I see him in the neighborhood and he's drinking a beer, and he always ► shooting —I mean, he shooting anger, always shooting anger at me —I never do nothing —so, I not supporting this postponement. Sorry. Thank ou. CHR. YOSHIMOTO: Thank you, Ms. Naeole. Mr. Greenwell. MR. GREENWELL: Okay, I will vote with my Colleagues on this issue. I think they have very good points. I just wanted us to be sure that we recognize the fact that we are dealing, if I may, with somebody here who could create a situation which would get us into a Court. And even if we won the case, it would cost us money and more grief and more bad press. So, I wanted to err on the side of caution if we were erring at all. But I think, thinking this thing through solidly, yes, that we are just going to accept some money for some purpose which has to do with mapping the grounds. So, I will con — whatever the word is, but I'll join the gang. Thank you. CHR. YOSHIMOTO: Thank you, Mr. Greenwell. Mr. Enriques. • MR. ENRIQUES: I won't be supporting this also. And I do want to encourage our Chair. I did catch that comment, and in fact, it floored me so much that I wasn't sure, is that what he really said? But I think this is not an area for us to accept that kind of behavior or that kind of name calling. And I would encourage you to address that immediately if that happens again or anything like that, and stop it at that point so that others who may be watching will understand what Page 137 _� = E _ .- e moor KatherkeA. diem _, Assistant cc po :_3 - COUNTY OF HAWAII - . OFFICE OF THE CORPORATION COUNSEL 101 AuponiStaset, 5t0e226 • lit, }ra®r®i 907294932 s we) swam • Floc t get -8egrt May 52009 Honorable John DE - Chair Haim Coialy Bod Ofd COQ Htb Lagoon Centre, Ste. 325 - - 101 Auptari M. - HI91'120 - Dear Chsirman Dffi and Bond - RE: - Petition 2009413 - - . Complaint iced by tan Cole Thankynu for aAbrrding me opp rketl to respond to the allegations brought . by Dot Cole in the membered motion. _ At present, I am de not dear exactly what crime Mx Cole believes ow office or I hang committed agaket hints-the public at large. In aw event, the enclosed letter sent - _ by our office on December 2., 2008 to the Henri County Police Department and the Office of the Prosecuting Attorney may &mist the_Bhics Bond in its analysis of Mr. Cole's In sum, although I respect ttie right of any clizea seek redress before. heir government, Mr. Ode can best be described as a vexatious Hellas numerous - unsubstarrtieted and defamatory complakts. Given his history of attempting in rneetwi11 _ me privately and then misrepresent* whatwas discussed, I now meet war Mr bt the front d our cf oe resin earshot tithe secrekulai atwitene he appears - unannolrnced of our (Ace_ - - Based- ased�on the tangoing and the enclosed sftachment it is mspectfully requested Mr: G'oie'$ pollen be wed. 1 win appeerrsure Boerci`s meeting when this petition is heard in orderto answer any questions you may have. Thank you again for snowing me thls apporknlyto respond. . Van/ tritY rs, - - - - �_ , � 14d1ida, Lincoln ii�5200912:513 PM I31G4i.NS.T_ A - COrpOrOr1 Camel - End. . • - H o v e l C o m i t y E q u a l THIS DOt IAile4FWAS - . t4011C11 FRED IxmB3' CIRCUIT COURT, evr rap *W *W Mon lts iA.i )A1OMAR 16 4 0 ! 9110109 BC - unapproyed • You do haw Outright to taformal heariz' atwhich time I thinkwe have a snick >aaore in scale insithpoenairg aradw And tai, intention is not to per yOm b'parskim thepvocn esg that'syour right as mArneritxtn. Ijast hesitate-- c dos pertain to and lt inkwe got to make sue that all your b ant needs caw being ine4 brave sve got todvita the c ctf — Ca.L& end the interests and nee& 0 people - Gig& Correct That's wlxywe*here ? may, so Ihaveaso:x.4 a motion and a secon4 sonar discsaskez. Any other diaacusvias? Olray, all in favor say aye. - (Ayes baud simultaneously). • Opposed? Oley, it's carries.' Thankyos4 fir. Cola We can ire on to Petition 2009-3. . 6r. Pmt 1(0 2019- Peen alleges that a County officer or employee violated Section 244 of the Etbks Code(andlicts of )by rendering a to r& to the Pante Department tone action on criminal P e i c o n afkges th t a County recer or employee violated Section 2- 84ofthe Ethics Code, conflicts c'interes4 by rendering a legaI opinion to the Police Department to o aotion vrlaalarinal camplaintftled agabrst hbn. .his i:arm*: 141 Cok, I'mgetting frombk seeing exactly this conflict of and how &p to the section oft7ae Dirks Code that you are citing I refer to ride 45,Ibeiieve is --I the word tae Wei anew rgair4 rale cm hyp thetkarl sit :rations and dgovernment corruption that yorr - e slating klyomr pan. Again I dcat't think thatfalls wader ourjarisdiction aandwhatrovit I'rm just not sure exactly wl iprovision y you e citing tothe wtqinteres4 ,and 2l have a c h a n c e t o a d d r e s s t h a t Before g o o n — , s r y , Lincoln, fiat got started W have pniiiian 2009-3 . petitioner Dan Cole and &rele s-to ethics section Code of Section 2-84, cor rf I saying in my review of thrL 1 Irmo an it�to and ado whether or not the majority ejthese AOcusatiors, under olirjurisEction. fir: Cry, you wait - - to give brief? I'M sorry, hold onasecond. Board have anything sayfrons the ? play_ Corneal, and provide some briPf Irony On - this pe on - CO Yes, the oiconfrag '07 (crest arose after the Freed= of Act I received a copy -4 y- , , fry the Poiice _rheum that s Ito the floss Paul L Ferro Acting P to Lincoln & = Askida, Corporation Coanse4 attention to Brandon - Corporation Comae &Wei:4 review and eos:went (fair complaint:8 Dan Cole: The very native gfte c rs �Ashida is infrrctthe Corporation ConnseL no - who review or gives opinions ta Comity hoard ora Countyagency a v the Police Depaiiinen4 is iiefactthe opinion of the Corporation Z3 rms DOCUMENT- WAS ZJUPIED FROM JUDICIAL suTICE FILED IN THE 3. mew COURT, Plr A 113 AZT 17A WA 1A 1 straw A14 -1 gr - ii • '^t 6,10109 B _ niku e$ - unapproved Counsel Lincoln T . A s k i c h H e is' CGrpr ti n Counsel acrdhe e author* but Ise (=mot trans/ Iv- the nirsponewily ofthe legal opin lona The fact a legal c� ezadrr appearance and� in ar criminal whsai A mp* , d in for }; and supporting ' a conflict clintemet eam Arrow y M. Askida is - profiting action& .gam', this is o eniesswe andd ' f in order to ° '� back to thistwhide baeicalfy again we �e The tcth€m The 1 J sarryJ'Sr ache and A At �' the c Ilene of theme � �P I a'ri m�;�eel', f�'� �� e+�rr � adwho have been inflicted *that �,h a oilier peoples, ,off the fact opinion dto the Police Dvarbi mto take no action on a matter n - which he was perms involve4 why could-extend buo criminal yi'v tioa— Mot - COL& Thank you wry mach. A8fIDA: Good mt rn - C Goody AMIDA:.f'd be ntore_than happy to answer any questions_ tae, you haw. I Ad a SIDIESOCIMIo the Bawd believe raoin}adenUa Pe L r.traravlly l hie no those butt len tr L problem with that yreleaset titer P° J should show it to ffs_ Cdr because there are scene items in e l l aot he n v t w a n t I a b a c i " releatsd Btas r aslt concerned 1 have no problems with it being released GLAIR: .hvit i ear& that's the—that'stleer omman dated hy5, 2009? - A. 4: Mont a it in fro it flute, Fuel t f aye one letter to yew. some b rat? ANIMA: Yeah," thin' k that— - .NICHOLSoi I have a question. - CAT Please. • - .� 24 HIS DocumEgr - COPIED -FROM WCMAI, OOTICE FILED DJ THE 3. mow COURT, - TATR nF RAWAIT rivil No_ 1O- I-00R2 71110: AR 1 t • Print Version - In Brief - Big Island Page 1 of 2 West Ha waii Thd Print Page In Brief - Big Island by Local Sources Thursday, June 11, 2009 6:56 AM HST Ethics board dismisses complaint against Naeole HILO -- The Hawaii County Board of Ethics on Wednesday dismissed three complaints filed by Keaau resident Dan Cole. That included one where he charged councilwoman Emily Naeole with violating his right to fair treatment by referring to him as "wacky" in a West Hawaii I oday article last year. The board said there was insufficient evidence to support that claim, as well as two other petitions Cole filed charging Corporation Counsel Lincoln Ashida and one of his attorneys with conflicts of interest. "I'm having a hard time finding a clear -cut case of conflict of interest outside the hypothetical," said Ethics Board Chairman John Dill. Cole said when officials didn't respond to letters he sent them laying out his case, their lack of response is a response in itself, akin to agreeing with the accusations. "The sitting in silence doctrine is a legal doctrine," Cole said. Rock blocks Puna geothermal well HILO -- Puna Geothermal Venture has shut down one of its five geothermal production wells because of rock blockage and is working to break the rocks up through mechanical means. Kapoho Plant Manager Michael Kaleikini said the company also plans to test its alarm system Thursday. The two events are unrelated, he said. The blocked well, KS -6, has been shut down since the beginning of June and probably won't be brought back up until early July, Kaleikini said. Feds give Big Island police grant Police accepted a $112,718 High Intensity Drug Trafficking Areas grant on June 5 to target drug trafficking organizations on the Big Island. According to police, the grant will be used to target "especially those that traffic in 'ice. "' The grant, from the Office of National Drug Control Policy is applicable for calendar years 2009 and 2010. The grants purpose is to share investigative information about drug trafficking organizations and to coordinate operational activities with other county, state and federal agencies across the state. Police issue alert on Puna break -ins Police are warning the public about a recent rash of auto thefts and car break -ins at recreational areas in Puna. This year, 23 reported cases of break -ins and 13 reported cases of car theft have been made in the lower Puna area. Most of the incidents have been at locations frequented by large numbers of visitors, such as Ahalanui Beach Park, Pohoiki Beach Park, MacKenzie Beach Park and Champagne Ponds. Police caution the public to lock their vehicles and not to leave valuables inside. Police ask anyone with any information about suspicious activity to call the department's nonemergency line at 935 -3311. Those who prefer to remain anonymous may call Crime Stoppers at 329 -8181 in Kona or 961 -8300 in Hilo. All Crime Stoppers information is kept confidential. http:// www .westhawaiitoday.com/articles /2009/06/11 /local /1 ono 107 nrt 1 n Print Version - Council to consider paying Naeole's attorney Page 1 of 2 West Hawaii T oday [ Print Page Council to consider paying Naeole's attorney Puna councilwoman exonerated in both cases by Jim Quirk West Hawaii Today jauirkewesthawaiitoday.com Friday, August 22, 2008 7:12 AM HST HILO -- Although complaints of all sorts have been filed against Hawaii County Councilwoman Emily Naeole, none have stuck -- so far. The council is scheduled to hold an executive session on Wednesday to decide whether to pay Naeole's attorney, Gerard Lee Loy, $13,000 for representing Naeole in two cases in which she was exonerated. The first case, which was heard before the Board of Ethics last year, involved allegations made by Barbara Hale, Naeole's former legislative aide. Hale claimed Naeole put another aide to work on personal and campaign chores, but the board later cleared Naeole of doing anything wrong. The second, more recent case involved a petition for impeachment filed against Naeole by Keaau resident Dan Cole in the Third Circuit Court. Lee Loy said Thursday that Judge Greg Nakamura dismissed that case on Aug. 1 because the petition was signed by only one person, Cole, when it needed signatures that amounted to 2 percent of registered voters. Cole accused Naeole of committing "official actions of malfeasance, misfeasance, nonfeasance, and maladministration for the purpose of assisting an enterprise engaged in a pattern of racketeering activities." Naeole, according to Cole's petition, provided "comfort or assist" to the "enterprise in order to hinder or prevent its apprehension, trial, or punishment." Cole's alleged illegal "enterprise" is a group that "corruptly controls, or influences county, state, and federal offices" and includes but is not limited to the Police Department, Office of the County Prosecutor, the Corporation Counsel, the council and court officials. Lee Loy said Cole, who was unavailable for comment Thursday, apparently decided to move forward with the petition after he made his concerns regarding the enterprise known to Naeole and she didn't act on it. Naeole, who plans to recuse herself from voting on whether to pay Lee Loy next week, said Thursday she believes Cole is "whacky." Corporation Counsel Lincoln Ashida said Thursday the reason for the closed meeting is because some information regarding the Cole case is privileged. Ashida said his office was not permitted to represent Naeole in the case because the County Charter requires council members to obtain their own attorneys when somebody attempts to impeach them. When a council member is cleared of a violation, he or she could be reimbursed by the county, he said. If elected officials had to pay for their own legal fees, "that would be ridiculous," Ashida said. Charges of fraud and theft leveled against Naeole's daughter, Malama Valentino, were recently dropped by the prosecuting attorney's office, which later apologized. Lee Loy said more people need to acknowledge that Valentino was unjustly accused, and believes the whole matter never should have happened in the first place. He said it is unfortunate Naeole continues to be accused of various wrongdoing because he believes all of the accusations are politically motivated. In a case that is still pending, Hale has recently sued Naeole and various other county officials, including Ashida, Mayor Harry Kim and Council Chairman Pete Hoffmann, Kohala, in Circuit Court for discrimination. httn://www.westhawaiitodav _ cnm /artio1 PC /9nnszinR / ')') /1,,,.1 /t,,,.. 1(11 .,..+ Print Version - Council to consider paying Naeole's attorney Page 2 of 2 Meanwhile, Naeole is accused of alleged felony first- degree terroristic threatening. Former county employee Linda Swallow claims Naeole made threats against Ka'u Councilman Bob Jacobson during a recess during committee meetings held in Kona last week. County Clerk Casey Jarman said Thursday she has finished her investigation and report on the matter but was advised by Ashida not to release it until an ongoing police investigation on the same issue is completed. Naeole also is facing another ethics complaint that alleges she left a harassing message on county Department of Data Systems employee Lisa Nahoopii's personal cell phone on June 16. Like Lee Loy, Naeole believes the various accusations are rooted in politics. Furthermore, she believes her constituents aren't buying into the accusations. Naeole, who is campaigning for a second council term, said everybody who drives past her along highways in Puna when she is waving political signs continue to beep their horns and wave at her. "I think people see what's really going on," she said. 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'- oO CD `� '- 0 0 0 • C" A. 0 p- 5 , 0 Q o !u n n '� n 24.., N .° n0 4 v y a .•., n " n Qc . 0 c m tr) W w , , --t ° a° c ..., . c8 D O UH'<i CD p XI �' n `, (D - '. n n P7 • " ti Uh iiUi ! 5 R; P O a ..; ' ° ' CD 0 CD c/c >a e- ( V • O • w • ( 9 CD O y • . ❑ = C N fl, Cr c C A A cv a . Print Page l of 1 From: Dan Cole (cole_hawaii @yahoo.com) To: MCROSSON @co.hawaii.hi.us; oip@hawaii.gov; Date: Tue, August 10, 2010 10:41:14 AM Cc: Subject: Re: Attached is 8/11/10 Hawaii County Board of Ethics agenda Aloha Ms. Crosson 8s Ms. Brooks: Thank you Mary for the email of the agenda for the Hawaii County Board of ethics, I may have missed a few of the agendas while you were reassigned. Can anyone tell me the status of Office of Information Practices Request for Investigation (S INVES -G 10 -1) that resulted from the June 10, 2009 and July 8, 2009 meeting of the Hawaii County Board of Ethics. I anticipate being finished with the current lawsuit for Sunshine Law violations against the Hawaii County Council Civil No. 10 -1 -0082 in the 3rd. Circuit Court soon, and am preparing a lawsuit against the Hawaii County Board of Ethics, et. al., at this time. I was waiting for a formal opinion from the OIP, however lacking such fourth coming opinion, and in view of HRS 707- 764(1)(i), I am prepared to file a Complaint for Declaratory Judgment and Other Relief in absence of a OIP Formal Opinion. Thank you for your assistance in this matter. Aloha, Dan Cole From: "Crosson, Mary" <MCROSSON @co.hawaii.hi.us> To: Dan Cole <cole_hawaii @yahoo.com> Sent: Thu, August 5, 2010 12:15:25 PM Subject: Attached is 8/11/10 Hawaii County Board of Ethics agenda «08 -11 -10 Agenda.pdf» Mary E. Crosson Legal Clerk for Brooks L. Bancroft and Julie K. L. Mecklenburg and Secretary for the Board of Ethics Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawa"r'i 96720 Telephone: (808) 961 -8251 Facsimile: (808) 961 -8622 http: / /us.mg2.mail. yahoo. cam /dc/launch ?.rand= ffb83avtatp6b 8/10/2010 Print Page 1 of 1 From: Dan Cole (cole_hawaii @yahoo.com) To: MCROSSON @co.hawaii.hi.us; mmitchell @calea.org; hcpdone @co.hawaii.hi.us; Date: Thu, December 2, 2010 9:06:32 AM Cc: bford @co.hawaii.hi.us; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; dyagong @co.hawaii.hi.us; enaeole @co.hawaii.hi.us; genriques @co:hawaii.hi.us; jyoshimoto@co.hawaii.hi.us; kgreenwell @co.hawaii.hi.us; phoffmann @co.hawaii.hi.us; hcpdone @co.hawaii.hi.us; jaytkhi @yahoo.com; jbriski @co.hawaii.hi.us; wkenoi @co.hawaii.hi.us; hawaiiag@hawaii.gov; wht@aloha.net; Subject: Ethics Complaint against Ethics Board Chairman John Dill Aloha Mary, Thank you for the Agenda. The Hawaii County Police Department has Officially Refused to allow a person to file any complaints against the organized government corruption and racketeering activities of County and State Officials in Hawaii. Evidence of this Hawaii County Police Department Deprivation of Rights under the Color of Law, RE: 18 U.S.C. 242, was presented before an authority under the United States, during the 30 November 2010 Public Statement before the Hawaii County Council. To expose this pattern and history racketeering activity I am preparing to file an Ethics Petition against John Dill for violations of the Hawaii County Ethics Code, as it relates to his not treating me in a fair and impartial manor while acting in his Public and Official capacity as Chairman of the Hawaii County Ethics Board for his knowing and knowingly violation and conspiracy with Hawaii County Corporate Counsel Lincoln S.T. Ashida to commit acts of Extortion against my person while acting in his Official Capacity as Chairman of the Hawaii County Ethics Board in violation of Hawaii Revised Statutes HRS 707 -764 EXTORTION. I request to know the proper procedure for such a Petition filing. Thank you for your assistance in this matter. Dan Cole From: "Crosson, Mary" <MCROSSON @co.hawaii.hi.us> To: Dan Cole <cole hawaii @yahoo.com> Sent Thu, December 2, 2010 8:32:34 AM Subject Attached is 12/8/10 Hawaii County Board of Ethics agenda «12 -08 -10 agenda.pdf» Mary E. Crosson Legal Clerk for Brooks L Bancroft and Julie K. L Mecklenburg and Secretary for the Board of Ethics Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hi o, Hawaii 96720 Telephone: (808) 961 -8251 Facsimile: (808) 961 -8622 • http://us.mg2.mail.yahoo.com/dc/launchTrand-----ffb83avtatp6b 12/2/2010 . _ - > • 2f10$ T ` . c; ' .- >; TO:-Eai ily N - • - - -r. _ - - - - FROM: A: Cole - F.O. - _ ;� Fax fi3p ! c r - - . - 96749 ' fi- .. . YOUR OLATIONS OF CIVIL RIGffl'S 1 AWS • .: CODX & ciumaNAL VIOLA'I'IO S 01?1 - - - P `beady advised that your 29, fir, Wester T - . • repeater 3� beJaf�ti� 1 -- .-off • • • - : Yaar PublieStatement, made la y Ft+ese��ivr, - -_ - . - = ear '• ways and i , � i - Ply me as ape with a • and-#n yawn the public, and elected and after pullie • • - - l t Yand sot to bebelieved am} that Public OlEcials seta's under, tim -... . - - ...: - : :- Battiest-8., tell:wasilifainchisedofra access to State funded acconzmodations.,1 . - - -- . _ = of ten the (,boa - ' 2008; Cole �_ = instated of#be _- _ = #egg= •. anda�(7E7 . _ - - -- � �:,:� . :_. _ _ :�;,� . - - - - Piz G� • tom - ligini 111.1111.1111.11.111111111"1""r beNefe andiudgment as requested in my 6 August 2008 to deny me representatice, based. on your publicly Stated violation c+ rrsle arfthe a� t��s 1 a FOR INDIVIDUALS �DI SAB 126 P te - DISABILITIES, Chapter, �. Sec. 1Di Services 12131 , Y o u r d e n y - testimony is ' to any request by attorney Gerard Lee Loy, S3r mania for services in regents toithe Complaint agahist - and and of aforementioned August to a E.,,1111 -! bythe is a vulgar and Natant violation afArthde 14., ofthe Coletty Code 89(b) Fair Tr No .°�.�sha � 2- . fgr, asie purpose ofthe I Meeting in was to and secure 's your My August 20011, Request, wmsto County present Council, orfaP aof testimony b methe from the s Rulings and Judgment inCoiev that fiosve forth Circuit Cast c�f#� Civil No. 08-1-017 in the - - ST..Aei�a�IbSe}��2 �'� - In and tappear+ed1 plethora °0 that f Constitutio violations. • ofLegst and Cessniunicnet The Court ilselfrecognizes the aforementimed Medium of Legal and I v.. f�r+omo��eCourt �iaCole - evidence, vas abo Tormented to, and S. Nakamura an Aug 6 2908. receiVedb9 Court and Cot Greg accusations �iu my fsg �- ue - Silence circumstances ����insofA agreement Jud ��iY said � be ' p tbe Cwt government corruption over the business ofthe Please notice ` theWo T 29 ' b'YTmQ asks p is 3'= ` Cole also accused t - � , an ofgovennwnt o � g deem* awned inapei a o£ - �� a imputatio Of#he Court! asto 2. 1 1 • involvement and aciions to legality protect such ini entequise must be contested. V,,,,..,:4.'i The fact that I have not been summonsed g> apps be i camera before the Court in a or in proceuling bed the ChiefInstice must be cold to meal recognimas that the and tea the of Fuld ` prise", and the � 7 x the E has over b ofthe o The � tart Is�m �cmor#is oft '� _ '�� Naeaid;, thatsach �as�yedbyCo . statements in the a�nn stbe considered `" the Comdthashe d.�o�t+crayp � i and Constitutional ConstLave_ and s as Due Process ofLaw and Equal Piptection Your preventray appearance the County Council to evidence and testimony lhat would Enterprise lhat engages �sP�mofy,byrIraubersaf .'tom- the coloroflaw, in cow may== and 4 ', a n d s Act; (RICO , bat . actions to be criminal violatioEn 0., and Ohs in Hawaii such of 18 U.S.G. §3. Accessory after the fad as yo#rOffteiai Actions comforts and assists aforesaid "Entetpise, is onto hinder cc °r punishment, in adation to gal violations of Title i8 _s fit- COY against rights. I you ere new to County Government, I co wed innocent emirs. Please Mme know within .. F ; not have ��.� ten, (10) ���:����. ¢mod �� � , s • of be; and ifthmcis tfgade�#asl ;j�,e ,.,.�. >:jj . them to statements. raid emulations accinatiOns are, and ibetak astrue, on your p as :,���"����"777 to be an agreement were, made antler circninstanees is your silence con y said I wish you veil, Ms, Naeole. Lau Lama, j ....5‘e, d er-Z - .f.4 -- - , ' - ---- 'z'r - rrnrw' , ., Dan A. Cole Un d -States Citizen Resident oftbe S Cc: Ronald Manx, Chkfludge, 3M{ Court, State af$a i Casey AL County{ of • 6 August 2008 -` .� ` _ - - TO: Pete Hoffmmm 2C08 RUC 6 PP1 3 39 Chairperson - Hawaii Ccamty Colmty of Hawaii . i TO: Emily Naeole Council Member Council District ##5 niciavet AuG _r onna County of Hawaii COPY TO: Judge Greg L Nakamura k f Circuit Court ofthe Third Circuit RE: OBJECTION TO TBE PEOPLE 01? THE GOUTY 01? HAWAII PAYING EMILY NAEOLE'S ATTORNEY FEE, RE: COMPLAINT FOR IMPEACHMENT, DANA. COLE, et al., vs. EMILY NAEOLE. Dear Council Members Hoffmann & Naeole: I request to present testimony and evince in objection to any request by attorney - Gerard Lee Loy, for moniies for services in regards to the attached docks pertaining to the Complaint for Imps�, }� n nt CIV. NO. 08-1 -0175, IN THE CIRCUIT COURT OF THE THIRD CIRCUIT, STATE OF HAWAIL e< - '` The attached ORDER GRANTR41G MOTION TO DISMISS PEON, of Aug, 1, 2008, as signed by Judge Greg B. Nakamura, is in violation of Federal and State of Hawaii, Constitutional Separation of Powers. The Lislative language of the Hawaii County Charter does not give the Court the authority to Dismiss an Impeachment action, only to make jug in demon if charges ofmice, misfeasance, nonfeasance, or nniadminintration in office are sustained. The authority toy apelitionis the responsibility ofthe Hawaii County Elections Office, of the County Clerk's Office, a Legislative action not a Judicial action, and therefore the Courts decision is a violation of the Peoples Civil rights ofthe Federal and State Constitutions ofDue Procedural Process. The legislative language of the Hawaii County Charter, Article KQ as amended in the 2006 General Election, is legislation that deprives the People of their Federal and State Constitutional Rights to Petition the Govenunent is Redress, and therefore makes the Court's action moot, and calls into question the purpose and inter of such legislation. The Court's rum, in de facto, recognizes and legitimizes the actions of an Enterprise engaged in a pattern of Racketeering Activity in violation of the RICO Act, the c language and supporting documentation of pleadings, and oral statements before the Court identifies how the Enterprise corruptly controls and influences County, State, and Federal Offices and Officers in the County of Hawaii, and the power of the Enterprise to influence and corrupt the business and Officers of the Courts, of the Third Circuit, State of Hawaii. Thank you for your attention in ibis matter. Sincerely, ..1 A. Cole United States Citizen CC: United States Attorney General, Michael B. Mukasey, Esq. Director, Federal Bureau of Investigation, Robert S. Muller, III, Esq. Attorney General, State of Hawaii, Mark Bennett, Esq. Hawaii Tribune Herald Attached: ORDER GRANTING MOTION TO DISMISS PE MON, CIV. NO. 08-1- 0175, dated; AUG-1 2008, (2 pages) OBJECTIONS TO ORDER GRANTING MOTION TO DISMISS PEITl1ON, CIV. NO. 08-1-0175, filed; 2008 JUL 30 PM 1:53, (5 pages) KENNETH G. GOODENOW . CASEY JAR j °F Deputy County Clerk County Clerk - :,!•:4\- �` 1' COLLEEN SC RANDT ,� .' Legislative Auditor Mailinviddress: \ � Business Address: (Former County Buik g) 333 Kilauea Avenue, Second Floor 25 "Lupton Street Ben Franklin Building Flo. Hawaii 96720 Hilo, Hawaii 96720 County of Hawai Office of the County Clerk Telephone: (808) 961 -8255 Facsimile: (808) 961 -8912 June 5, 2008 To: Mr. Dan A. Cole PD. Box 630 Kea`au, HI 96749 Re: REQUEST FOR Pb 1 TUON PAPERS Dear Mr. Cole, • - - _In response to your request for petition papers in accordance with Section 12 -12, Article XII, Hawaii County Charter (hereinafter "Charter"), please find enclosed petition papers for recall of art elected officer. Please be advised that in addition to all -other requirements for a recall as set forth in Chapter 1, Article MI of the County Charter, a iecaITp on fora coimeilnmember requires the signatures of qualified voters equal to or greater than twenty- -five percent of the total number of personsegistered in the district in the last general election. See Section 12 -1.1, Article XII, Hawaii County Charte9r. • Additionally, you requested a petition for impeachment. The Office of the County Clerk does not have an ` Impeachment :Pet tion" form as we do with recall petitions As a person bringing forth an impeachment proceeding, in accordance with Article XII, Chapter 2, Section 12 -2.1 of the County Charter, you must circulaiz your own petition that sets forth the written charges in detail. Such a • - - pectitfon m be signed -1rg voters registered _fie reitpective council distri t of the councimember tb be- impeached. - Ifyou have any further-questions regardingthis matter, please do-not hesitate to contact me at 961 -8255. Sincerely, fel . /_, 4. - 5&66.Alt...._ "_ _ - Case County erk - Enclosures - _ - C7/l1ch Serving the Interests of the People of Our Island )(MIT "A" " H awaz l County Ls am 1Z ��°�'1'r°vide''acrd : Uncoin S.T. Ashida y Kenoi CovparatIan Counsel Mayor .40c. • Gerald Tats Assistant Co:potation Counsel - COUNTY OF HAWAII - OFFICE OF THE CORPORATION COUNSEL tOl Aqui Skeet Suite= • Mo. Hawaii 967204282 • (808)961 -8251 • Fax(808)961-8622 December 2, 2008 Sent via email: no Rand coin, will follow HAWAII POLICE DEPARTMENT County of Hawaii Honorable Lawrence K. Mahuna =� Police Chief , s4r Hawaii Poke Department REGINO SALuDARES t DETECTIVE Kap101ani ' C ri minal Investigation Section -Area I Hilo, Hi 96720 LMahunalibco.hawaii.hi.us 349 Kapio>ami street Ph: (808) 961-2379 Hilo, Hawaii 96720 Email: �alnd (808) 9612376 Honorable Jay T. Kimura @�.hawaii.hi.us Prosecuting Attorney 655 Kilauea Ave. - Hilo, HI 96720 -Ktottla Javtichi vahoo.com Dear Messrs. Mahuna and Kimura: RE Dan Cole False Reporting to Law- Enforcement Authorities Our Entry No.: YVRK 08 -2513 Please car this letter a request for an ination of possible c rhino l action by Dan Cole. On or about November 29, 2008, i received a copy of an emall purportedly authored by Dan Cole (enclosed hereto as Edit 1), alleging various vioons of Title 18 of the United States Code, directed against various County of Hawaii officials. Recipients of this ems iriduded lied States Attorney Ed Kubo and Hawari County Prosecuting Attorney Jay [Omura. • Mr. Cole aNeges in his email inter aga as follows (emphasis stvpfied): The filing of the PE1MON against Council Member Emily Naeole, was, and is, my attempt to comply' with criminal Title 18 cube United States Code, Section 4. Misprision of Felony, as the documentation submitMd to the Ethics Board, where as the County of Hawaii Board of Ethics is defmed as a civil authority under the 'Hawaii County Is an Equal Opportunity P erwcd Employer F HIBIT '13" l I Honorable Lawrence K. Mahuna Honorable Jay T. Kimura December 2, 2008 Page 2 • United states, is a collection of uncontested and verifiable documented evidence of the existence and history of an Enterprise engaged in a pattern of criminal • violations of the RICO Act, to include but not limited to, 18 USC 1512 Tampering with a witness, victim, or an informant; and 18 USC 1513 Retaliating against a Witness, victim, or an informant, as is evidenced by the Stipulation attached under TAB "A" of my PETITION where in the County and State of Hawaii, where the State is represented by State Attorney General Mark Bennett, and the County of Hawaii represented by County Corporation Counsel Lincoln ST. Ashida, have stipulated in U.& District Court before U.S District Judge J. Michael Seabright as filed in the Court on FEB 13 2008, in Civil No. 05 -00325 JMS-BMK with no Memorasdtun in Opposition to Stipulation, or other pleadings in opposition to stip fled with the Court by the County or State ofHawaii the County and State of Hawaii Stipulate: STTPUJ ATIOIVS "As all adverse parties are in agreement it is stipulated that the Defendants, County and State of Hawaii, by and through the actions ofdteir agents did threaten the Plaintiff with the intent to influence, delay, or prevent the Pla�"s testimony in an q rl proceeding, and retaliated against the Pte; Dan A. Cole, by depriving a United States citizen in the jurisdiction of _ the State 'of Hawaii, of his Constitutional rights of Due Process, and Equal Protection of the Laws as guaranteed by the Fore Amendment of the United States Constitution." Previous documents submitted to our office include a pleading apparently filed by Mr. Cole on May 20, 2008 with the District Court of the Third Circuit entitled 18 U.S.C. 4 Mlsprison of Felony Notification of Violations of the RICO Act by the Haws(' County Police Department (enclosed hereto as Exhibit 2). In reviewing this document, Mr. Cole includes a pleading entitled "Sfipulations' containing the heading and case number of a Federal Court lawsuit actually litigated with our office (as legal representatives of County of Hawai'i). This `stipulation' includes the exact language cited above in Mn. Cole's email. Deputy Corporation Counsel Katherine Gerson, who successfully obtained a dismissal of the Federal Court case Bled against the County by Mr. Cole, verified that the purported `Stipulation" was never agreed to by the County of Hawafl Mr. Cole's statement that as Corporation Counsel I "have stipulated in U.S. District Court before U.S. District J. Michael Seabright, as filed In the Court on FEB 13 2008, in Civil No. 05-00325 JMS -BMK,' is completely false. I am offended such a false representation would be communicated to the United EXHIBIT “B" Honorable Lawrence K. Mahuna Honorable Jay T. !Omura December 2, 2008 Page 3 States Attorney as well as the Prosecuting Attorney for our County wherein Mr. . Cole seeks criminal prosecution againd County officials. Section 710 - 1015(1), Hawaii Revised Statutes, as amended, provides as follows: A person commits the offense of false reporting to law - enforcement authorities if the person intentionally makes a report or causes the transmission of a report to law- enforcemit authorities relating to a crime or other incident within their concern when the person knows that the information contained in the report is false. I fully support the right of all citizens to seek redress by their government and to freely express their opinions and views without fear of criminal prosecution or other sanction. Further as a former prosecutor, I appreciate there are often criminal complaints made against individuals that may be frivolous or without legal merit However in the present case, Mr. Cole has not only made a material misrepresentation, but has fabricated a federal court °stipulation and represents that it has in fit been agreed to by the County of Hawaii. Mr. Cole does this in furthera of his desire to have County of Hawaii officials criminally investigated and prosecuted. Thank you for your attention to this matter. I invite you to contact me if further information or documentation is required. Very truly yours, 6 UNCOLN S. T. ASHIDA Corporation Counsel Ends. LF: WRK 06251312 -2-06 Letter to HPO and OPA/ SAsni EXHIBIT _ "B" IN THE CIRCUIT COURT OF THE THIRD CIRCUIT - STATE OF HAWAII DAN A. COLE, et al., ) CIV. NO. 08-1-0175 - - ) (HMO) Plaintiff; -. ) _ ) AFFIDAVTT OF RMILY NAEOLE - EMILY NAEOLE, _ Defendant ) .AEPDAYMQ.EIULYITABOIE COUNTYOF HAWAII ) ) as. STATE OF HAWAII ) - • Arrant first being duly sworn on oath deposes and states on personal knowledge: • In 2006 I was elected and now serve as a Councl- Member representing the 5 District of the County of Hawaii. I received over 2000 votes in the general eon as best - I can recall light now. There were additional votes cast in the general election. • I have read the complaint and the attached exhibits filed in this case • I remember telling _ Mr. Cole I was a single mother earlier this year, and that my - daughter was involved in a current matter involving police. But in his complaint he is P in my mouth that I did not say, and making assumptions that are not true. I. - am not a part of any rriminai enterprise, before or after the fact. I do take my sworn oath seriously and howl dealt -with Mr. Cole's complaints, . between Jay Yoshimoto and I (because we had the same complaint from Mr. Cole), jay told me that he (jay) was goring to take care of it and send the information to the attorney general in Oahu to see what ran be done about ML Cole's complaint.. I am not a lawyer and we, meaning Jay Yosltimoto and myself, thought the best way - - i,p-Aisp-,;:::::::::,.- - . _ • 00 0 . ;10 . - to deal -with Mr. Cole's complain' ts was to take it to the attorney general., and that's what -I thought jay Yosbin3oto was geeing to do, and later on jay told me thaes what he did. I was aware that Mr. Cole bad also spoken with Jay Yoshimoto about • his complaints. I was aware from Mr. Cole's statements to me that Mr. Cole had lost.a . case against the County, that the County had dumped some material on his land, - - and he was trying to get me to bim reverse the court case result. I told him. I was not . a lawyer and couldn't help him with that problem. I knew Jay Yoshimoto was an . . . attorney and I was not, and I told Mr. Cole I was not an attorney, and that Jay Yoshimoto - - told me he "was going to take care ofif' and that sometime later on I heard from Mr. - . . Yoshimoto that he had sent a letter to the FBI on Mr. Cole's behalf and had fuiwkuded . Mt Cole's concerns onto the FBL It appears from the exhibits that Mr. Cole attached. to his complaint that Mn Yoshimoto did do what he told me he had done on Mr. Coles - • . . behalf I supported Jay Yoshimoto in sending Mr. Cole's complaint to the FBI. - - • - - I have no first hand knowledge about corruption in the Hawaii County police • department or the Cotmly of Hawaii. I expressed empathy to Mr. Cole and bis . . description of his legal situations as he described them to me. . . • .And Further Affiant Sayeth Niaight • • • . - f - - Hinny ae'ole • .f",'• - Thisc° C,Rage Affidavit dated 26 , was subscribed and swora to before me on -rzii--1 this • 3 day of , 2008 in ti*Itini Cirduittiftbe State of Hawaii, by Emily • . Naeole. $ • - - iv- - - . : - 4‘,440,7 rcv # Pages: • -;:l4 : --- _- - = - _;-r-• 7 := . - Notary Public, State of Hr aFebili-/Eaghir4oRo : otti •,: . ted TM-MP MELVIN Y. WIATSUNAGA t; _ ; • ;lretiPtion • 0_ k.K.T 11/3 -7 1 V 7 i 4,.. ...„. .....---... . eii... - ' ;- . 7-g-08 ' ‘,- - :. • ' -- „ a r\ 4 ,._ = 14: :„ • ;- ,sp, I F.: • - / s , i. Attie ',0A-s . ":74 jiaCypsay oz- :-, TioN • 4 re o* ‘ - ; oi a 4/11„,thios-, Emily I. Naeole Counci Member ': ; • Mailing Address: :. Business Address: r' (Fenn COY � g) _ / 333 Kilauea Avenue Second Floor 25Aupuni Street -, Ben Franklin Building Hilo. Hawaii 96720 Hilo, Hawai i 96720 Hawai `i County Council County of Hawn Telephone (808) 961 -8267 Facsimile: (808) 961 - 8912 - Jug 5, 2008 To: Dan A. Cole _ _ . _ - — . - - . - - -- - -- P. O. Box 630 Keaau, HI 96749 Aloha ban A. Cole: - 0111 Thank you very much for writing to me about your concern. I appreciate your letter and will follow-up regarding your mana'o. As of today, all complaints regarding Janet L Kamerman, Jay T. Kimura, Lawrence K. Mahuna, Mr. Albert R. Gonzales, Edward IL Kubo, J Stanley Yoshimoto, and All _ COUNCILMEMBERS has been referred to Chairperson Pete Hoffmann. ' Again, I thank you and I hope this concern be resolved as soon as possible. Mahalo Nui Loa, • 404 ''0942__81 Fmily L Naeole - - Council Member, 5 District - O - Hawaii County is o n Equal OPpartla+ul' Provider and Employer Harry Kim ' `'' i % Lawrence K. Mabuna Mayor -r, S — Police Chief o t Harry S. Kubojiri • Deputy Pace Chief • County of Hawaii POLICE DEPARTMENT 349 Bapiolani Street • Rio, Hawaii 96720 -3998 (808) 935 -3311 • Fax (808) 961- -2389 July 17, 2008 Mr, Dan Cole - P. O. Box 630 Keaau, Hawaii 96749 • Dear Mr. Cole: RE: Cole et al, vs. Emily Naeole, Coundlmember, Council District #5, County . - of Hawaii, Civil No. 08-1 -0175 This acknowledges receipt of and responds to your letter of July 7, 2008, The Hawaii Police Department does not know what the current status is regarding documents submitted to the FBI via letter dated May 29, 2008. It appears as if you are attempting to conduct discovery in regards to pending civil proceedings. Until you comply with the rules regarding that process, the Hawaii Police Department declines to provide any further response. Sincerely, • r D - _iI ' ' S t1 HSK:hmk 'Hawaii County is an Equal Opportunity Provider and Employer" • iJarry KII92 - j : Lawrence K. Mahuna M ; ! Police Chief ayor - L.- 0 Harry S. Kubojiri DepmyPolice Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo. Hawaii 96720-3998 (808) 935 -3311 - Fax (848)961 -8869 - May 29, 2008 • • • • Ms. Janet L. Kamerman Special Agent in Charge U.S. Department of Justice Federal Bureau of Investigation 300 Ala Moana Blvd. Suite #4 -230 - Honolulu, Hawaii 96850 • Dear merman: . - This is a follow -up to the phone conversation Major Marshall Kanehailua of the Hawaii Police Department had with Supervisory Special Agent Tom Glorioso on May 29, 2008. During that conversation, Major Kanehailua had requested the FBI's assistance in investigating the allegations of government corruption outlined in Mr. Dan Cole's letter dated May 6, 2008. Major Kanehallua was informed by SSA - Giorioso that the FBI had already received a copy of the letter and is currently deciding on the appropriate action to be taken. • Should your office decide to initiate an investigation of alleged corruption within - our department, we are fully prepared to cooperate with such investigation. Should you have any questions,. feel free to contact Major Marshall Kanehailua of _ • our Administrative Bureau at (808) 961-2247. incere , - w, T RENCE K. MAHUNA • POLICE CHIEF • cc: Mr. Dan Cole. - Hawaii Comity is an Equal opportunity Pcoviderand Employes" - strews is;lvis r 3 s'vos s t iSz i - 1M _AIStn5 Stit.....t • i reEt -seserias Psi Om t34/01l2008 18 Wee. ativice.11): 41135911488 - Repo ithIg Officer. HL mown_ • Date Remits* � t1" tmc: 152400 JASON GROW4S - does oit o�5i aD 8isp Ditac 031151208S 12449 CalTypat M - 2W Status: _ HL Report riskiat Aditaiew SiE LA* Incident Nun H LO - i Ffiat - :Accitlent.i►issx Cosnaleai RfiCtiESTED l RS NE'i AH F. C LEFT -PORK n noa • Hawaii iCtiiiiity Pe - SxrmtSbAairol -- - - �•#BErT_ Y= $ ?- • • • • • • • HIS DOCUMENT WAS COPIED FROM JUDICIAL ...X 8[T "LL" OTICE FILED IN THE 3 CIRCUIT COURT, TATE OF HAWAII Civil No. 10-1-0082- 2010 MAR 16 I LLD IN THE • - • MNMTD STATES DISThICT 1 DISTRICT OF HAWAII . DaLA- Cole Plaintg Pto Se Y17 P.O. Box 630 Keane. lit 96749 atlotiook and T WALTER A IL CHINN, IN THE UNTIED STAB WI WI` I` wailer OF HAWAII C3CII.B, DANA • Pigott Vs. COMPLAINT _ STATE CrHAWAII �� COUNTY HAWAII • *� 3 iYtK - Defendants. 1 =maw L1PLAII A L U M S thatthec alas demanded by the Defendant, as stated the She aft, Department afIleaihletterdaead Ash .19,E S0821TN File: 01 -133, by Seven &Hazed= Waste is a violation ofthe s Congitgionaliigigs under the Feasteentit Amendment *Dm Protens 2. IISPLAINTIWAILEMS that die Defendant's d are the result faoaa, flf ' m, and nonteasancebythe Defendantn, and to ofgageedaedblased actions aping the Fkintiff based eado Plaintirszace. T H B p L A I N Th l y E E M O = Hs <t€Ihse Process of aw Dated: 13 Mayes, Kam, HI Dan A. Cole, Plaindit Pm Se FILED IN THE UNITED STATES DISTRICT COURT DISTRICT OF HAWAII DAN A. COLE FEB 1 3 2008 P.O. Box 630 - aau, Hawaii 96749 at. o'eiock anc� rr Telephone 808-966-9229 SUE BMA, CLERK Plain' tilE IN THE UI IZE) STATES DISTRICT COST FOR THE DISTRICT OF HAWAII DANA. COLE ) CIVIL NO. 05-00325 3MS -BMK ) P ) STIPULAnakts ) vs. ) STATE OFHAWAII ) COUNTY F al. ) T � ) ) STMe As all adverse paw ate reen j adibatthe Defendants, County and State ofHawait by and through the actions oftheir agents did the Plaintiff with the _Ditto influence, delay, or Plaintiff's inanofficial the PlaintifC Dan A. Cole, by depdving a United Sys zen ofthe Stale of ii, aflds Omatitufic tights ofDue Process, and Equal Pa:denti ttafthsLawsas guamateed by the Fourteenth Amendment ofthe United States Constitution. DATED' Saw, Marsh; .P 12. Dan A. Cole Plainta Pro Se IN STATES CT COURT . DISTRICT OF HAWAII • DANA. CDLB - - ) ' CIVIL NO CV 05-00325 IMS-BMIE Meat ) CEZTEFICATII OF SERVICE ) I vs. ) STATE OFHAWAII ) COUNTY OF HAWAII, et al. ) ) . taiNUERINERSMEAMMR YCERTIFY' that acopyMlleforegoing document was served upon. the Mime* b Y mme 'mgThe on Febromy 12, 2008: . LINCOLN' S.T. ASRIDA, ESQ MAR31 aENNETT, ESQ, A- GAM:Kiln REM M. NANESQ. Offi�cevffbeit. s $O, ESQ. Departme attire Attorney General State Hilo Lagoon Centre relaranaoaBullerne, Room 200 101 Avian Street, Snit* 325 465 Southlring &Tart Me, Hawaii 96720 Honolulu, Hawaii 96/113 Attorneys for Candy °Mangan Attorneys for DATED= February 12,: US POSSICSERVICE CERIFICATE OF MAILING MOW BE USED RIIIM . aoes r o a Dan A. Cole Ss P.O. Box 630 geaau, BI 96749 �a.o.afaeri.O,.,�a�raarssafx ° -R c Lincoln &T. _ Jis .da 101 aupuni St., Suite 325 - H-� 't o , HI 9672.0 Ps Fula 3817. Jaway2001 EXHIBIT "A" _ P -- F ,. — - - naves X49 s�-66 -9229 ?ismt Pro E IN THE SUPREME COURT OF THE UNITED STATES COT F DANA. ) MOTION FOR THE DETERNIINATIO Fourteenth And ) OF ORDER QF SUPREMACY FOR ` Cili Right ) CONSTITUTIONAL A ) vs. FOURTEENTH: PIaintif ) T EMENT OF FA TS II ITS ) STATEMENT "A -C": CERTIFICATE OF SERVICE ) vs. ) ) STATE OF HAWAII } Eleventh Amendment ) "Stages Rights" ) ) Deft. ) ) MOTIONFOR THE DE'l i MINATION OF ORDER OF SUPREMACY FOR CONS'1 1rriONAL COMES Now P1a iffDaa A. cote, Cities of the United states, and hereby moves this Honorable Co+ut m d e t esul i na ti on iii he granted to a State undue the F th Aauaalment pa�otections &Ku any suit in law or equity, or prosecuted against one of the United States by a United States Cam, have lacy over a Fourteenth aim and paotec Lions tip no State shall deprive 'P afi y duepeccessaflaw,andd vea its the eq pfuteetian s r, : oFFrC mu U SUPP - -- • ( . .,.:.:, . ( . Plume: (808)961-8272 - , ' I yosomoro Cowici 1 Afember - ki-re --. ‘ • - FA :. ...-- •,'. ... - X: (808) 961 . - .- - - . -404. - Erna& jyosbialoto@calawailbials District 3 - •-:,-:;-:--=t•A.e.:.:- - --,--.____.---'=------ , IlAWAYI COUNTY COUNCIL - - • COUNTY OF HAWAII ' - - April 15, 2008 . The Honorable Edward H. Kober . Unite' d States At_tnertey . • • PlIKX.Fecksal . 300 Moana Blvsi, 86-100 Hunolub, HI 96850 Dear U.S. Altranor Kul*: -- . Subject Crimhzal Violatio' ns of Stine and Federal Laws tbat Resulted in the Flooding Damage in BBo frantic February 2008 Rains; and Illegal Dumping of Solid Waste bithePunaDisnict ' Pursuant to a request by Mr. Den Cole, I am forward:rig ihe -enclosed communications from _ bim repo:ling tte above subject If you have any question; ar 'Nuke mate Worn:union, please-conform& Cole at _ . .. - /viz Dan. Cole . .. P.O. Box 630 Kereau, BI 96749 , (808) 966-9229 0 .'''' Sincerely; - - Co c ...0 .., - , 3 Yoshio:On, C.ounca Member. Hassan Cosa3r Council Council District 3 - — • JY/dwe Attachments - - - - - tw..lift - Dan Cob :./ , . 50.1 Comm. No. EXHIBIT "B" Ref. To: Ref. Dolts ZD,1...,20....... . tharanComnfyleitragwalOmomesilyhvykkrAnd14,19,er . . :. _ . , Maffing.Adtheirc (AaauerCouser13addlog)25AnpautSete4Bakififtwil 96120 BeibuotAtkkesc Beanaokra Baia& r HIM 333 DiseaAveris4 ElBa. Higneri 9672 =MIT "B" • Harry rail Mayor E, Lawrence Mahan .� . }j Police Chief • Harry S. Kubojiri Deputy County of Hawaii P Chief POLICE DIPARMENT Klipiotatu wart • Hila 0/08) 935-3311 • Fast 0308)961-81165 June 7, 2007 Mr. Dan Coles P.O. Box 630 . Keno, Hawaii 96749 Dear Mr. Coles: We received you letter of June 4, 2007, requesting our department to provide you with the laws, _ procedures, practices, and policies of the Hawaii Police Department that allow moral turpitude within our ranks and the status ofyour filed _: We are not responsible for an investigation on a crhuinal complaint filed with the United States Attorney General's Office. If the United States General's Office initiates an investigation of your aillegations of wrongdoing within our department, we are folly pied to cooperate with such Ligation I would also Hire to takethis opportunity to correct a misrepresentation offads cow in your June 4, `2007 letter. On May 31, 2007, Major Jay Fsnanoria of our Admnistrative Services Division, recalls speaking with you via done regarcEng this matter: Major Enanoria informed- you that "No response to these documents is requiied at this Police Department point m time by the Thank you forbringing -your cis to our attention POLICE K. MAMMA �T , , *± ''�*' !w i VL CE sfi • °liavrara t Coaalysau Egad Oppma r/Waid=andE • r. ..--, -,_ ILS. DvarloWnt oflustice UnitarlEtatesAttonley - - ‘----' Disirk tofHawaii ,.., .08050-2160 4 - 1 amottelmmow . .. - . AtAkMmostAk4Amos6400 . ■ i Hoosekths.Hassai I 96850 , . .. • i May 31, 2007 Mr.. Dan A. Cole - F.O. Boor 630 - .... . . Reaa.u, HI 96749 __ _ Dear Kr. Cole: We are in receipt of your facsimile dated May II, 2007. In response to your Inquiry, on Way 3, 2007; our office received your cox-respondence entitled Cimin' al Complaint. 0 However, the U.S. Attorney's Office for the District of nawait represents the United States of America in the defense of claims against the United States, and in affirmative claims on behalf of the United '> States. This office is not an investigative nor- do we represent individual l_itigants. Thus, no legal action is bei.ng 0, ,- taken with respect to your correspondence. In addition, you requested information regarding the documentation necessary for a FOI& requeSt. All For& requests must be signed and submit in writing to the following address: FOIA/Privacy Staff Executive Office for United States Attorneys - 600 B Street, W.W. (BICE Room_ 7300) - - _ - Department of Justice • _ . _Wegatington. DC 20530-000i . .. - (202) 616-6757 - . For further information regarding FOIA requests, please contact the Executive five or United States Attorneys. , Very truly yours, EDWARD B. /03B0, JR_ - , --i. united States Attorney DitsLrict of Hawaii _... Lpylet) L/LeZA,...11______- - t- - _ - A. ABBiammei - ...-- f - Paralegal - _ :Iaa . r — Lincoln Si'. Ashida =`wf - " �=�ti; Corporation Counsel H 'y IQm •: � = /f ' _ ' Gerald Takase Mayor ° _ ';- Assistant Corporation • D Counsel F�N ► . COUNTY i OF HAWAII OFFICE OF THE CORPORATION COUNSEL 401 Aupuni Street Suite 325 • litio, Hama 96720 -4262 • (808) 961 -8251 • Fax (808) 961.8622 June 4, 2004 Honorable Mark J. Bennett Attorney General Department of the Attorney General 425 Queen St. Honolulu, HI 96813 Dear Mr. Bennett RE:. Dan Cole On May 28, 2004, our office met with Mr. Dan Cole, concerning a complaint of illegal dumping which occurred on the Big Island of Hawaii. In sum, Mr. Cole alleges an individual has committed illegal acts of dumping, which in turn has caused Mr. Cole financial loss. Mr. Cole presented what appeared to be considerable credible evidence to substantiate his claims. - - Enclosed is a copy of a memorandum generated by the Hawaii County Department of Public Works summarizing Mr. Cole's contact with the County. Mr: Cole was advised to seek the services of the Attorney General's Environmental Crime's Unit to initiate a complaint and have this matter properly investigated. We ask your assistance on behalf of Mr. Cole to look into this matter. Mr. Cole may be contacted at P.O. Box 630, Kea au, Hawaii 96749. His telephone number is (808) 966 -9229. I llb We thank you in advance for your kind consideration of this matter. Very truly yours, da‘ A-- 6 LINCOLN S. T. ASHIDA Corporation Counsel End. cc: vflan Cole - (wlout encl.) Gary Satanic, Councilman (wlout end.) Bruce McClure, Director of Public Works (wlout end.) St Departments Corp CounseVLSA Misc. CorrespJLefter to AG re Cole 6-4-04/LSMw Hawar"i County is an Egga!Opportunity Employer and Provider EXHIBIT "C" • Sf OF bt LINDA LINGLE AI' .015* t . GDyg _ MARK J. BENNETT _— ; ATY y& - t LISA M GINOZA r f MIST DEPUIYA'i7DRNEYGENERAL STATE OF HAWAII OEPART i THE ATTORNEY GENERAL . JusncE DIVISION • 425 DuEB1STREET . Monty {BO8)586 -1160 - FAX (808) 588 -1375 April 22, zoos Dan A. Cole - P.O. Box 630 Kenn, Hawaii 96749 . Re: UIPAIFOIArequest Dear Mr. Cole: I am a Deputy Attorney General in the Criminal Justice Division and have been assigned to research and respond to your t3IPA / FOIA request on behalf of the • Department of the Attorney General. You r "a copy ofthe file, and any other retained documentation, resulting fn en actions tam in response to the June 4,=2004 letter of request for investigation of Environmental tom, from Lincoln S.T. Ashida, Corporation Counsel, County of Hawaii" . Environmental cabmues are investigated by Environmental Crimes Unit of the hrvestigations Division of Dot ofthe At omeyGeneraL Irefierred your request to . the Supervising Investigator ofthe Envimomental Crimes Unit, Ryan Yom. He neseardierl the matter and found no records or docents that Would respond to your - request He informed me that no file was created and no investigation took place in response to Mr. Ashida's lets because your upon being notified that you would also be a Sy Marcus.B. Sierra. Deputy Attorney General cc: Lincjqn a Joestin& O]P 281539 1. QC [HIS DOCUMENT WAS COPIED FROM JUDICIAL 1OTICE FILED IN THE 3 CIRCUIT COURT, ;TATE OF HAWAII Civil Ng. 10-1-0082- 2010 MAR 16 • FAX TRANSMITTAL: Twtaity Six (26),:.Pagestotai: 4 June 2009 RE: 10 June 2009 Board of Ethics meeting to publicly expose organized government corruption and Racketeering activities in. the Hawaii County Government, and the personal knowledge of aforesaid activities by Mayor Kenoi and his involvement in support of illegal activities. TO William P. Kenoi, ESQ. JD6730, Phone: 808 -961 -8211, FAX 808 -961 -6553 Mayor, County of Hawaii COPY TO: FBI SAC Thornton, Phone: 808 -566 -4300, FAX 808 -566 -4470 HI Gov. Linda Tingle, Phone: 808 - 586-0034, FAX: 808 - 586 -0006 Hawaii Tribune Herald, Phone: 808- 935 -6621, FAX: 808 -961 -3680 PAN MEDIA ( copies to above faxed without attachments) FROM Dan. A. Cole, Phone 808 - 966 -9229, email: Cole Hawaii(a7yahoo.com P.O. Box 630 Keaau, Hawaii 96749 Aloha mai! Mayor Kenoi: As per my recorded telephone conversation with your staff member this morning I am faxing you the attached twenty -four pages of information that identifies the criminal activities in violation of State and Federal Racketeering statutes of public officials within the County of Hawaii, to include your personal involvement in violations, by and through . your knowledge and neglect to prevent, a criminal conspiracy to violate HRS §707 -764 Extortion (1Xe)(i), as identified by Hawaii County Police Report No: C08039254 -001, 002, as identified in the attached documentation, which has been sent to the Hawaii County Prosecutors Office to be covered up, and apparently used to extort and/or blackmail public officials to include but not limited to Judges and Officers of the -Court of the State Court of the Third Circuit. - Please no that the Department of Home Land Security has opened an Inspector General's investigation into the corrupt inaccuracy of the FEMA Digital Insurance Rate Maps of the Hilo area RE: ID# DHS090317006, and the National Insurance Crime Bureau has also opened an investigation Case 1D# NICB 09-032314, and has sent an investigator to Hawaii. It is my understanding from the conversation with the NICB Investigator that a Bulletin has been sent out to all member Insurance Companies, it would also appear that various Insurance Companies may begin legal actions to recover monies paid out for property damage claims in so far as the County of Hawaii admits in Federal Court records, RE: Case No. 05 -00325 JMS BMK, District of Hawaii, that it used flood debris material to construct illegal flood protection works directly upstream of the areas receiving major flooding damage for which claims were paid. • The August 2009 FE LOMAR, Letter of Map Revision, has, and is being - challenged us corruptly inaccurate do to the alteration of the Hilo Streams from the illegal dumping and construction of Stream Diversion Works built from the thousands of cubic yards of material removed from Hilo Stream beds in 2001 under a Federal and County Funded contract. The structure identified`by satellite images on the Waiakea Stream above Hilo at the end of DeLima Way, appears to be a levee that prevents the Waiakea Stream from following its natural flood path into the Waiakea Water Shed and Forest Reserve forcing all the streams flood waters into the Waiakea Uka area resulting in, or contributing to, the flood damage and the massive amount soil erosion resulting in the slit blocking of the Hilo Harbor and the levee appears to have been illegally constructed or augmented by material illegally disposed of from the Hilo Stream clearing project as described in the attached documentation, which resulted in or contributed to the multimillion dollars of property damage from the February 2008 flooding in Hilo, and has, 'and continues to place the lives and property of the People of Hawaii in jeopardy. Should my Petitions be allowed public scrutiny, the names and actions of County, State, and Federal officials that have conspired to defraud the County and Federal governments, and have knowing and knowingly conspired to threaten and extort my silence, to include the active participation of the Hawaii County Police Department, the Hawaii County Counsel, the Hawaii. Mayor's Office, the Hawaii County Prosecutors Office, and Judges and Officers of the State Courts of the Third Circuit, will be exposed Mayor Kenoi, if you dispute any of the aforesaid statements, or wish to discuss this matter prior to my appearance before the 10 June 2009, meeting of the County Board of Ethics you may contact me. It is understood that if I am not contacted by you, as Mayor, and in your Official capacity prior to my appearance before the Board, it will be understood in accordance to the "assenting - silence doctrine", that you do not dispute any of the plethora of evidence, information or assertions in the documentation you have received this date. Your neglect to take action to ensure the welfare of the People of Hawaii, and to restore the Constitutional Rights and Freedoms of the people you represent will be accepted as your admission and confession as to your participating in criminal violations of State and Federal RICO statutes. - - Thank you for your attention in this matter. I wish you well, Mr. Kenoi. Lau Lima, at/ ‘.? ‘ Dan A. Cole United States Citizen ..4 ✓� /.rte \ _ TO: Hawaii County Council 6 October 2009 Dominic Yagong Donald Ikeda J Yoshimoto Dennis Onishi Q Emily Naeole C i G Enri ues Guy q � cn Brenda Ford eee r- o Kelly Greenwell {. } Pete Hoffmann ry 0 FROM: Dan A. Cole cr) P.O. Box 630 Keaau, Hawaii 96749 RE: 7 October 2009 Testimony in opposition to reorganization of the Hawaii County Council with Emily Naeole as Vice Chair. Aloha Council Members: If I am unable to appear before the Hawaii County Council on 7 October 2009, I am submitting the attached documentation in support of my opposition of the reorganization of the County Council with Emily Naeole as Vice Chair. I am currently being threatened, extorted, and blackmailed by officials of the County of Hawaii, to include Mayor Kenoi, Prosecuting Attorney Kimura, Corporation Counsel Ashida, and Hawaii County Police Officers and Officials to prevent my presenting evidence of criminal violations of State and Federal RICO Act statutes, as you know Councilmember Naeole has labeled me, "whacky" as her part in the smear campaign against me. The appointment of Emily Naeole as Vice Chair is part of a conspiracy of corrupt County Officials to defraud the governments of the County of Hawaii and the United States of tens of millions of dollars in fraudulent Public Works Flood Control Projects, and to approve and adopt fraudulent and corrupt FEMA Flood Rate Insurance Maps - giving privileged property owners windfall profits. As you can see by the attached documentation Council Chair Yoshimoto and Council Vice chair Hoffmann have knowledge of the corruption and would probably be absent when the votes are taken to adopt the fraudulent and corrupt FEMA Flood Rate Insurance Maps, and the vote to commit millions of dollars in matching funds for fraudulent flood protection works, when in just a few hours a bulldozed could remove the apparent levee at the end of DeLima Way that prevents the Waiakea Stream from following its natural flood path into the Waiakea Water Shed and Forest Reserve instead being forced into the Waiakea Uka populated areas, and cause the 2008 flooding damage and the soil erosion that blocked the Hilo Harbor with slit. Comm. No. (Q . 7 Ref. To: Ref. Date u3 10 7 • The Hawaii County Public Works Department did not obtain the required State and Federal approvals, or permits required to construct these Stream Diversions Works, when they conspired to defraud the County of Hawaii and the United Stated government for paying for the removal and legal disposal of the flood debris removed from the Hilo Streams in 2001. In early 2001 the County of Hawaii Public Works Department supervised the dumping of over 500 dump trucks of flood debris into Hilo Stream bed systems to create a flooding hazards for the purpose to justify a request to the U.S. Army Corps of Engineers for tens of millions of dollars in Public Works Projects. The illegal Stream Diversion Works constructed under the supervision of the County of Hawaii were responsible for, or contributed to, the multi - millions of dollars of flood damage in February 2008, and the two occurrences of slit blocking in the Hilo Harbor since 2001. Until such time as the status of, or the completion at the numerous County, State and Federal investigations identified in the attached documentation, it is requested that no reorganization be attempted by the Council, and no vote be taken to adopt the FEMA Maps or commit County monies to US Army Corps of Engineers Flood Control Projects. Since r ly, /‘c, ‘‘' Dan A. Cole / TO: Hawaii County Council = " ` . 14 October 2010 Dominic Yagong 4 Donald Ikeda - ci l 2 59 J Yoshimoto `£ ` " Dennis Onishi r - - Emily Naeole = Guy Enriques Brenda Ford HAWAII COUNTY POI -ICE DEPARTMENT Kelly Greenwell Pete Hoffmann REC. BY: FROM: Dan A. Cole Police Report No. P.O. Box 630 Keaau, Hawaii 96749 Date: TIlVIE: RE: Filing of Criminal Complaints, Federal and State, against all members of the Hawaii County Council as per Judge Glenn Hara's, 25 August 2010 statements from the bench, where Judge Hara is sure and agrees with the Plaintiff, Dan A. Cole, that the Hawaii County Counsel's refusal to act on information that identifies an imminent peril to the public safety, health or welfare is a violation of law. Aloha Hawaii County Council Members: For you reading pleasure I have attached the Transcripts of Civil No. 10 -1 -82 August 25, 2010 Hearing, where you were Defendants. Please notice the statements by the Court on pages 10 and 11, the filing of Criminal Complaints with the Hawaii County Police Department and the Federal Bureau of Investigation, as identified in my testimony before you on August 17, 2010, Comm. 867; (Res. 364-10) and Comm. 911; (Res. 381- 10), cover pages attached hereto, in combination with the fourteen plus inches of documents and records on file with the Court in this case will establish a paper trail for your Civil and Criminal prosecution for violations of State and Federal RICO statutes upon the overt occurrence of the Court identified "I told you so," flooding event. U.S. Postal Service N U.S. Postal Service CERTIFIED MAIL RECEIPT , CERTIFIED MAIL,,, RECEIPT ru (Domestic Mail Only; No Insurance Covera Provided) p (Domestic Mail Only; No Insurance Coverage Provided) fU For delivery information visit our website at www usps.com rl For delivery information visit our website at www.usps.com fl ri P f _ f ,", ' u - " • r- Posta • ' le D -. tj �_, o certified Fee , Ji Poetrnef th Certified Fee CI Return Receipt Fee 2.rff P rlr f f (End tRe 1 O x Fire (Endorsement Required) f F u 1:3 Restricted Delivery Fee to, 013 Ca ' _ P' 3 (Endorsement Required) f p (mi ) Q 1 el] 10/16/2010 I Total Postage& Fees $ Vkfl t " al/16 f 1, 1. Tomi Postage &Fees j CI � Sent To r i.t� � � � I= 'Sem � � /, rg snoef ICttka'r- - u- g &t-o -r --D-3= , 4- --- o f xa F - - - - - a � . - - -. ` _ / r.. or PO Boar No [:dis sip �0 al a - Mo. B-4--r—#4-2-3O State, ZIPtd Washington. D.C. 20472 SingNININANAgiefiliadinainalialmiminimmin • Print Page 1 of 4 From: Dan Cole (cole @yahoo.com) To: fblas@hawaii.rr.com; Date: Fri, December 3, 2010 2:11:22 PM Cc: dyagong @co.hawaii.hi.us; Subject: Fw: County Resoulation to Request US Justice Dept. Investigation of Organized Government Corruption in the County of Hawaii Aloha Council member Blas, I am forwarding you an email I sent to Council member Yagong. I live in Council district #5 HPP, and request your support for a County Council Resolution to request the federal government to investigate organized government corruption in the County & State of Hawaii. If you have any questions please do not hesitate to contact me. My former Council Representative Emily Naeole disenfranchised me by refusing to reply to my communications and requests while using her Official Position on the Council to make slanderous and libel public statements about my person in Public Meetings as recorded in official minutes of Council meetings. Emile Naeole's actions were and are in violation of Hawaii Revised Statutes for Extortion, and will be the basis of a multi- million dollar law suit against the County to expose organized government corruption should my request of the Council be overlooked. I look forward to working with you to expose and remove organized government corruption from the County of Hawaii. Aloha, Dan A. Cole Forwarded Message - -- From: Dan Cole <cole_hawaii@yahoo.com> To: dyagong @co.hawaii.hi.us Sent: Fri, December 3, 2010 11:13:24 AM Subject: County Resoulation to Request US Justice Dept. Investigation of Organized Government Corruption in the County of Hawaii Aloha Councilmember Yagong, As per my 30 Nov. 2010 Public Statements and filed written testimony before the County Council, RE: Bill 311, in combination with our brief meeting after the 30 Nov. Council Meeting, I am requesting as your first act as Chairman of the Hawaii County Council that you to submit a Resolution before the Council requesting the U.S. Department of Justice conduct an investigation into Organized Government Corruption and Racketeering in the Hawaii County and Hawaii State governments based on the verifiable and uncontested or disputed evidence that has been presented before the Hawaii County Council of the existence of an Enterprise of corrupt government officials engaged in patterns and histories of violations of the Federal RICO Act for the benefit of the Enterprise that influences and /or extorts http: / /us.mg2.mail. yahoo. com /dc /launch ?.rand =ftb83avtatp6b 12/5/2010 Print Page l of 3 / From: Dan Cole (cole hawaii @yahoo.com) To: dyagong @co.hawaii.hi.us; Date: Fri, December 3, 201011:13:24 AM Cc: Subject: County Resoulation to Request US Justice Dept. Investigation of Organized Government Corruption in the County of Hawaii Aloha Councilmember Yagong, As per my 30 Nov. 2010 Public Statements and filed written testimony before the County Council, RE: Bill 311, in combination with our brief meeting after the 30 Nov. Council Meeting, I am requesting as your first act as Chairman of the Hawaii County Council that you to submit a Resolution before the Council requesting the U.S. Department of Justice conduct an investigation into Organized Government Corruption and Racketeering in the Hawaii County and Hawaii State governments based on the verifiable and uncontested or disputed evidence that has been presented before the Hawaii County Council of the existence of an Enterprise of corrupt government officials engaged in patterns and histories of violations of the Federal RICO Act for the benefit of the Enterprise that influences and /or extorts County, State, and Federal officials and employees in Hawaii, to include the Judges and Officers of the Courts of the State and Federal governments in Hawaii. There has been extensive and verifiable evidence presented to, and before, the Hawaii County Council and is on file in the County Clerk's Repository of records in combination with State and Federal Court records, RE: Dan Cole v. County and /or State of Hawaii, et. al. , to support such a request for a County Council Resolution. The U.S. DOJ Criminal Division, Public Integrity Section (PIN) oversees the federal effort to combat corruption through the prosecution of elected and appointed public officials at all levels of government. The Section has exclusive jurisdiction over allegations of criminal misconduct on the part of federal judges and also supervises the nationwide investigations and prosecution of election crimes. Section attorneys prosecute selected cases against federal, state, and local officials, and are available as a source of advise and expertise to other prosecutors and investigators. The Chief of the USDOJ, Criminal Division, Public Integrity Section is Mr. Jack Smith. Mr Smith can be contacted at telephone number (202) 514 -1412 or (202) 514- 2000 In addition to my request for a County Council Resolution, I demand that the Hawaii County Council order the Hawaii County Corporate Counsel, Lincoln S.T. Ashida to disclose and provide copies of any and all communications RE: Dan A. Cole, that are or may have been in violation of Hawaii Revised Statutes HRS 707 -764 Extortion, or any and all communications related to Dan A. Cole that the County of Hawaii, or Corporation Counsel Ashida, Officially or Unofficially has sent under Official County of Hawaii letterhead or personnel stationary to various County, State, and Federal offices, officials and /or employees. It is also Demanded that the County of Hawaii make a Formal and Public disclosures and correction of such knowing and knowingly acts and actions of slander and libel with actual malice against my person by Corporation Counsel u PV http: / /us.mg2. mail. yahoo. com /dc/launch ?.rand= ffb83avtatp6b 12/3/2010 • rent Page 2 of 3 Lincoln S.T. Ashida and /or any and all persons representing, or purporting to represent the County of Hawaii while under the authority and responsibility of Mayors Harry Kim and William Kenoi, the Hawaii County Council, Hawaii County Prosecutors Office, and the Hawaii County Police Department. Council member Yagong, your refusal to comply with my request will require me to make a formal request of my County Council Representative Fred Blas for the aforementioned request for resolution to the USDOJ. However such a request to Council member Blas would also contain extensive supporting documented evidence of racketeering activities and copies of the request for Resolution would be sent to U.S. Securities and Exchange Commission identifying fraudulent conduct or other problems associated with municipal securities, RE: Section 17(a)(2) Securities Act 1933. Please remember that on 30 Nov 2010, in Public Statements I played a portion of a tape recorded telephone conversation I had with Pamela Moy, CCO Bankoh Investment Services, Inc. Bank of Hawaii. I am sure that if you heard the entire 18 Nov. 2010 recorded conversation I had with CCO Pamela Moy, and the 29 Nov. 2010 recorded telephone conversation I had with Cora from Bank of Hawaii Corporation, Chairman, President, and CEO Peter Ho's office you would understand the gravity of the County's Future Financial problems. Do you think that the Bank of Hawaii notified the Securities 8s Exchange Commission of possible fraudulent conduct or other problems associated with municipal securities of the County of Hawaii as required by SEC regulations? The County of Hawaii currently has a "Aa" Moody's Municipal Bond rating, a copy of my communications to Council member Blas, if required, and the attached documentation would also be provided to the Securities and Exchange Commission at 100 F street, NE, Washington, DC 20549, Telephone: (202) 942 -8088, and the County's Bond Rating agencies; Moody's Investors Service Public Finance Regional Office One Front Street, Suite 1900 San Francisco, CA 94111 Standard 8s Poor's 55 Water Street New York, NY 10041 (212) 438 -2000 Fitch Ratings One state street Plaza New York, NY 10004 (212) 908 -0500 I will also point out that it requires about 15 minutes of my time to fill out the Federal Court Form JS -44 I have sitting on my desk and write a check for $250, to file a complaint in U.S. District Court, District of Hawaii for a $56M law suit against the County of Hawaii for Deprivation of rights under to Color of law, RE: 18 U.S.C. htt n•/ /nc mv9 mail vahnn rnmitirllam,r,.•1,9 _ Tint Page 3 of 3 242, for the knowing and knowingly act and actions of the Hawaii County Police Department , and the conspiracy of public officials in violation 18 U.S.C. 241 Conspiracy against rights by knowing and knowingly multiple and organized acts and actions in patterns and histories of violation of HRS 707 -764 Extortion for the purpose to deny and deprive me of my State and Federal Constitutional rights and freedoms to petition the government in redress of grievance. Please note you were presented a portion of a tape recorded conversation with Hawaii County Police Officer C. Kekela as required by 18 U.S.C. 4 Misprision of felony as verifiable evidence of the offense. PLEASE NOTE: If I do not receive a reply to this email and filing with the Hawaii County Council Services Office, on or before 5 Dec. 2010 it will be assumed that you are refusing my request and I will author the required documentation and file such with the County Council on 6 Dec. 2010 and provide copies to the aforementioned Bond Rating Agencies and the U.S. Securities 8s Exchange Commission as a Complaint /Tip of Fraudulent conduct or other problems associated with Hawaii County municipal securities. Thank you for your attention in this matter and you may call me at 966 -9229, or reply to this email. Aloha, Dan A. Cole 1 .. ! r n •1 1 r 1 n 1 n 1 nf1 nn 10: Mr. Albedo R. Gonzales, phone 20 2-514-2001, faz 202-307-6777 1 May 2007 United States Attorney General Unitr' xl Stake Depart= a sof 'Justice • 950 Pennsylvank Avarua, 14W Wathington, DC 245304J001 USPO 01:11ThimgDMAH, 87084 135O es 6618 3528 AITN: Crisfield Bidden Case #1090388 Mr. Edward It 'Cabo, phone 80 8-541-2850, fax 808-541-2958 United Stales Attorney District aellawaii 300 Ala Moans Blvd., Suite 6100 rt4N, Honolulu, RI 96850 USPO CZKrignin MAL #7004 1350 0881 6618 3535 Mr. Lavareacealum. phone 80 8-961-2261, fax 808461-8865 . . Chi' fofPolice County &Hawii 349 Kapiolani Street Hilo, 96720 • ono atinngmtb MAIL mow um am 66183542 • CRIMINAL COMPLAINT COMES NOW Dan A. Cole, United States adzes, htexcerise ofa citiz' en's Rights Emd as secured to citizens by emFedend Constitutio Bill Milli, • First Amenenget Rightio pealing. the Government for redress ofgrievances, and by rights ofequal preteen's. ofall laws as secured bythe Fourteenth Amenment by filing this chin= Criniamal Commpleint for violations ofa ckhreg's rights in accordance with Tide 18 United States Code ?art 1, Chapter 13, Subsection 241_ Conspiracy against igda This complaint h; filed alpiinst courant= }& i Bennett Attorney General State otHawat Lincoln SS. Astride, Corporal° a Counsel for ihe County offlaufall, Steven Y.X. Chang Chu' fofthe Solid & %zealous Waffle Branch, State of Health Depattmat, and Doe, State, County, Federal public officIalatempinyem „ - _ . _ `1.1 • - v The documentation loo attached under TAB "A", 23 April 20071eter, faxed and receipt ekoronically verified, andthel contained for' the non-reply ta said itself and onisa, facto, admiSsion admj by the county and State of Hawaii of the criminal violations by public officials against the rights of a US citizen of 18 USC 241. Conspiracy rights. teen in The documentation hereto ached under TAB "It", Hawaii Revised Statute 34211-30 Prohibition, DRS 342H -1 D and General Provisions, 8/10!01 testimony of Gordon Gota, Island 66, and Paul Nash, Engineer County of Hawaii, to Todd Nichols, Investigator for the State of Ham Health Dept and the November 26, 2001 letter signed Steven Y. K. Change, and the language contain' ed - therein speaks for itself and is proof of a conspiracy on the it of Paul Nash and Gordon Gota to defraud the US governm an d p fof a violation. by Steven Y.X. Cog conspiring with other public officials to violate a citizen's rights of equal protection of all laws as secured to all citizens under the Fob The won hereto attached under TAB "C", in comber with recorded telvhone conversations with attstmey ivfitch Roth, Hawaii County Proses Office and attorneys Kathleen Ho, and Heidi Rian, from the .State Attorney Cols Office, between Feb -May of 2005, in accordance with the provisions of Hawaii Penal Code 711 -1111_ violation of Privacy, provide proof that Hawaii State and. County officials conspired to violate 18 USC 241, and used their office office to offers in curler to hind or prevent apprehension, trial, or b! t such actions in violation of 18 USC 3. 2. Accessoty after the fate The attached man ides that the Police Department, with the assistance o ft� � Hawaii County e abiIify to file a Hawaii County Pis Office denied a t Public officials who denied him his Constitutional rights, and e ll s to the ink of ray organized god won and it influenc in County and State governments in Hawaii. The documentation attached under TAB "D", is the n arritive of a Motion before the US Court and provides a time line, history, and identifies public officials involved or influenced by organized in man in the County and State of Hawaii governments and the influence ofthis orginazed won over the business of the US Department of Justice offices and US Court offices in the Distac t of Ming the due coarse of justice, and the denial of cities rights as secured by the US Constitution DATED: 1 May 2007, Keaau, Hawaii Dan A. Cole U.S. Citizen 3. Efarsy Irma Lasrreace K. Main Mayor xy Ponce Chief County Of �waii Deploy 5 • POLICE DEPARTMENT • 349 irapioind OM 93S-3311 • Fax 6818)9614380 May 4, 2007 yro r � - : LINCOLN & T. A j �'- A, CAD RPORATIU3rT COI3NSI, AT - I'N DEPUTY CORPORATION N�fIa r _ FROM PAUL K . FERREIRA, ACTING POLICE CREW SUBJECT : REVIEW ARID COQ OF QUM1NAL COMPLAINT RE DANA COLE � � are copies of a Criminal Complai and various received Y r ' delivered to our department via os S from ,* << N Maas Postal Service, Priority This matter involves a complaint filed by Mr. Dan Coley concerning Mewl dumping which l ads of dumping, which Avant; c M Cole alleges may needs to we are as �- ' .`J �� we are Q�� g far f 'S 4 �•" Should 3fon. have any Services 961 free ° of our Administr • Thank y ou fix- your anemia' n in this mi ine Enclosure • C ma y is "! ►Psovidaandam/oyez.'