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Home My WebLink AboutCOM 0156.002 2010-2012 PI CoUNC,1L f Dan A. Cole P.O. Box 630 & _ Keaau, Hawaii 96749 Council District #5 Subject: TESTIMONY IN OPPISITION to REQUEST FOR EXECUTIVE SESSION RE A PRIVILEGED COMMUNICATION FROM CORPORATION COUNSEL LINCOLN ASHIDA, Re: Comm. 156 From Council Chairperson Dominic Yagong, dated March 23, 2011, requesting an Executive Session be convened regarding a potential conflict in the representation of the Council on certain issues., placed on the Council's Agenda for Wednesday April 6, 2011; 18 U.S.C. §4 Misprision of felony to violations of the United States RICO Act. Aloha Hawaii County Council Members. I accordance with the Legal Doctrine of Assenting - Silence this Council has identified by non - answer to a March 31, 2011 email addressed to all Council Members and filed with the Hawaii County Clerk on April 4, 2011 that Communication 156 from the Council Chairperson, as identified in the Council's Agenda for this date, pertains to the acts an actions of Extortion and other violations of a persons Constitutional rights and freedoms performed by Agents of the County of Hawaii against Dan Cole, these Agents include Corporation Counsel Ashida, for the purpose to silence me or impair my reputation and creditability to prevent public exposure of organized government corruption and racketeering activity in violation of the United States RICO Act within the Hawaii County Government where such knowing and knowingly wilful and wonton acts and actions places the safety, health, and welfare of the people of Hawaii in jeopardy. THEREFORE: I DEMAND that all Council discussions on the matters pertaining to Comm. 156 be held in open Public Session of this Council so that the People of Hawaii will be provided the information and evidence of organized government corruption and patterns and histories of Extortion to silence citizens and the media, and other racketeering activity that is rampant in the County Government that places the safety, health, and welfare of the people of Hawaii in jeopardy. Dated: 5 April 2011, Hilo, Hawaii . 14 Dan A. Cole Forty -Five, (45), pages attached. Comm. No. I S of 2 Ref. To: Primate!) Cdtat Ref. Date APR 6 21111 rant Page 1 of 2 . From: Dan Cole (cote hawau@yahoo.com) - To: dyagong @co:hawaii.hi.us; Date: Thu, March 31, 2011 10:39:04 PM Cc: Linden.H.Joestring@hawaii.gov; afpeditor@americanfreepress.net; bford @co.hawaii.us; cjensen@westhawaiitoday.com; dikeda@co.hawaii.hi.us; donishi @co.hawaii.hi.us; editor J fblas @co.hawaii.hi.us; glen.s.hara®courts.state.hi.us; greg .k.nakamum@courts.statehi.us; jyoshimoto@co.hawaii.hi.us; mmitchell@calea.org; nook laner@westhawaiitoday.com; neil.abercrombie@hawaii.gov; newswomanamar.com; oip@hawaii.gov; phofTnann@ co. hawaii_ hi .us; com; ronald_ibaaa@courts_state.fi % us; susan mollway@hid.uscourts.gov; apilago @co.hawaii.hi.us; aphonolulu@ap.org; - s. bsmart @co hawau.hi.us, hcpdone@cohawan.hi.us, dyagong a� co.hawaii.hi.us, -Y; glennbeck@foxnews.com; wkenoi @co.hawaii_hi us; LASHIDA@co.hawaii_hi.us; hawaiiag@hawaii.gov; newswoman@me.com; wht@a1oba_net; - Subject: 6 April 2001 Hawaii County Council Executive Session, Re: Dan Cole Aloha Council Chair Yagong, s „ During a tape recorded conversation with your staff member in the CouncfServices Office a few days ago I was informed that I would be placed on the 6 April, 2011 Council meeting for Executive Session. Does Comm 156: REQUEST FOR EXECUTIVE SESSION RE A PRIVILEGED COMMUNICATION FROM CORPORATION COUNSEL LINCOLN ASHIDA. Pertain to Dan Cole, and was this the Agenda Item your staff member was referring to in our tape recorded conversation in the Council Services Office? (1) What is the status of all my 18 U.S.C. 4 Misprision of felony communications with submitted supporting documented evidence and testimony about organized government corruption and patterns and histories of racketeering activities by a "Local" Enterprise that influences, control, or extorts County of Hawaii officials and employees for the benefit of the Enterprise in violation of the Federal RICO Act that you and the rest of the County Council have been referring to Corporate Counsel Lincoln Ashida? (2) What is the status of my request to the County Council to make an Official Request to the United States Department of Justice, Washington, D.C., Criminal Division, Public Integrity Section to have organized corruption and racketeering activity in the Hawaii County government investigated based on the undisputed and verifiable documented evidence on file in the Hawaii County Clerk's repository of records that was made known to the Members of the Hawaii County Council, a civil authority under the United States, in accordance with and required by United States Code, RE: 18 U.S.C. 4 Misprision of felony? (3) What is the status of former Hawaii County Police Chief Lawrence K. Mahuna's May 29, 2008 request to Ms. Janet L. Kamerman, Special Agent in Charge of the Hawaii Region for the FBI's assistance in investigating the allegations of government corruption in the Hawaii County government to include the Hawaii County Police Department. (4) What is the status of Hawaii County Council Member J Yoshimoto's April 15, c ® ty 7 http: / /us.mg2.maii. yahoo. com /dc/launch ?.gx =1 &.rand— Op7fa5gal Orh7 3/31/2011 U.,,,- 1 „f') Print Page 2 of 2 2008 letter to U.S. Attorney Edward H. Kubo, Subject: Criminal Violations of State and federal Laws that Resulted in the Flooding Damage in Hilo from the February 2008 Rains; and illegal Dumping of Solid waste in the Puna District? (5) What is the status of the referrals to the FBI and the State Attorney General that Council Member J Yoshimoto made in his Official Capacity as Hawaii County Council Chairman as documented in the Court Records of the Circuit Court of the 3rd. Circuit, State of Hawaii, CIV. NO. 08 -1 -0175, AFFIDAVIT OF EMILY NAEOLE subscribed and sworn to on 2 July, 2008? (6) What is the status of the State Attorney Generals Environmental Crime's Unit's investigation as referenced to in Hawaii County Corporate Counsel Lincoln S.T. Ashida's June 4, 2004 request for assistance to Hawaii State Attorney General Mark Bennett? Thank you for your attention in this matter. Sinc- ely, /..„, elephone: (808) 966 -9229 �}}r. / / „n s..7 «...57 .....1.........«. /.7.. d..__....L') ...__9 O_ -_- i_n ,-. - . _ - - TO: Dominic Yagong 18 Jannary 2011 Chairman Hawaii County Council IN TURN All Hawaii County Council Members FROM: Dan A. Cole —' P.O. Box 630 Keaau, Hawaii 96749 SUBJECT: Council members legal oblations under United States Code, 18 U.S.C. 4 Misprision of felony. Aloha Chair Yagong and Council Members: I am sure you are aware by now of all the documents I have been filing into the Hawaii County Clerk's Repository of records, State and Federal Courts, and State and Federal Senate records and numerous other County, State and Federal records. I keep bringing to the attention of the Council and other County, State, and Federal officials their sworn obligation to the State and Federal Constitutions. The attached documentation is an example of what happens when Public Officials violate their sworn contract with the people. Please refer to the United States Code 18 U.S.C. §4 Misprision of felony: Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. If you haven't yet realized that this federal statute is the "Legal Hook" the U.S. Department of Justice, Criminal Division, Public Integrity Section uses to reel in organized government corruption and racketeering activities. As a sworn official you are identified for the purpose of this statute as a, "civil authority under the United States ", and therefore have the legal obligation to take action when presented knowledge of the actual commission of a felony cognizable by a court of the United States. Failure to take the legally required action identify a sworn official as an accessory after the fact and in violation of 18 U.S.C. §3 Accessory after the fact: Whoever, knowing that an offense against the United States has been committed, receives, relieves, comfort or assists the offender in order to hinder or prevent his apprehension, trial, or punishment, is an accessory after the fact. Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one -half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one - half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years. Please refer to the attached DOCUMENTS: (1) 18 No. 02 letter to Councilman James Arakaki from Dan A. Cole, stamped RECEIVED 02 NOV 18 PM 12 20 COUNTY CLERK, COUNTY OF HAWAII, and identified as: Comm. No. 7, File FLC, Ref. To: PWIRC, Ref. Date NOV 18 2002 (2) June 4, 2004 letter from Hawaii County Corporate Counsel Lincoln S.T. Ashida to the Honorable Mark J. Bennett, Attorney General, Department of the attorney General RE: Dan Cole (3) 29 March 2006 letter to Hawaii county Councilman Gary Safarik 1N TURN all County of Hawaii Council Members, stamped RECEIVED 2006 MAR 29 PM 3 56 COUNTY CLERK COUNTY OF HAWAII SUBJECT: "Smoking Gun Documentation ", showing fraud and corruption of federal, Hawaii state, and Hawaii county public officials, elected and appointed, endangering the welfare of the citizens of Hawaii in regards to Flood Protection. (4) 3 February 2007 SUBJECT: Waiakea stream Flood Damage Reduction project, island of Hawaii (1) Purpose: To provide information on the subject project for public information meeting to be held on February 14, 2007. (5) April 15, 2008 letter from Hawaii County Council Member J Yoshimoto to The Honorable Edward H. Kubo. Subject: Criminal Violations of State and Federal Laws that resulted in the Flooding Damage in Hilo from the February 2008 rains; and Illegal Dumping of solid Waste in Puna District. (6) May 29, 2008 letter from Hawaii County Police chief Lawrence K. Mahuna to, Ms. Janet L. Kamerman, Special Agent in Charge, U.S. Department of Justice, Federal Bureau of Investigation (6) Hawaii tribune - Herald, Friday, March 12, 2010, article by Nancy Cook Lauer, Stephens Media "Maaika development raises flood dangers" Please review items 1 -6 in reference to the following sections of the United State Code which violations of are felonies cognizable by a court of the United States. 18 U.S.C. § 1040. Fraud in connection with major disaster or emergency benefits (a) whoever, in circumstances described in subsection (b) of this section, knowingly- (1) falsifies, conceals, or covers up by any trick scheme, or device any material fact; or (2) makes any materially false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or representation, in any matter involving and benefit authorized transported, transmitted transferred disbursed or paid in connection with a major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declaration under section 501 of the Robert T Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191), or in connection with any procurement of property or services related to any emergency or major disaster declaration as prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United states, shall be fined under this title, imprisoned not more that 30 years, or both (b) A circumstance described in this subsection is any instance where - (1) the authorization, transportation, transmission, transfer, disbursement, or payment of the benefit is in or affects interstate or foreign commerce; (2) The benefit is transported in the mail at any point in the authorization, transportation, transmission, transfer, disbursement, or payment of that benefit; or (3) the benefit is a record voucher, payment, money, of thing of value of the United states, or any department or agency thereof (c) In this section, the term "benefit" means any record, voucher, payment, money or thing of value, good, service, right, or privilege provided by the United States, a State or local government, or other entity. 18 U.S.C. §371. Conspiracy to commit offense or to defraud United States. If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not morn than five years, or both. 33 U.S.C. §407. Deposit of refuse in navigable waters generally. It shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind or from the shore, wharf manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United states, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed: Provided That nothing herein contained shall extend to, apply to, or prohibit the operation in connection with improvements of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvements or public work: And provided further That the Secretary of the Army, whenever in the judgment of the Chief of engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application in made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful. 33 U.S.C. §411. Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally. Every person and every corporation that shall violate, or shall knowingly aid, abet, authorize, or instigate a violation of the provisions of sections 407, 408, 409, 414, and 415 of this title shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of up to $25,000 per day, or imprisoned (in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one -half of said fine to be paid to the person or persons giving information which shall lead to conviction. In reference to the above you are hereby notified that having knowledge of the actual commission of a felony cognizable by a court of the United States, I, Dan A. Cole, have presented same to a civil authority under the United States, where such civil authority is identified as the Hawaii County Council, and therefore have fulfilled my obligation under the laws of the United States and I require written confirmation of said fulfillment of obligation from the civil authority I have presented it to and known as the Hawaii County Council. Failure of the Hawaii County Council, or its agent, to provide written confirmation on or before Friday 21 January, 2011 of aforesaid fulfillment of obligations under 18 U.S.C. §4 Misprision of felony, will require me to present and make known this document in its entirety to a Judge of the United States as having knowledge of the actual commission of the felony, 18 U.S.C. §3. Accessory after the fact, as being knowing and knowingly committed by the civil authority under the United States known as the Hawaii County Council. Thank you for your attention in this matter. Sincerely, ;l e-‘ Dan A. Cole TO: Councilman James Arakaki 18 Nov_ 02 -- FROM: Dan Cole, phone 966 -9229 `02 , y jiff ip SUBJECT: I•: Flood Control in your District �. . Aloha Councilman Arakaki, 1 am writing to you in response to a article in the Tribune Herald, Sunday 17 Nov. 02, "On council to-do list: halt floods; finish plan", and the Chris Loos 7 Nov., article about the County being sued over flood damage. Through this letter I am "Officially", bringing to your attention a flooding disaster waiting to happen in your district I am pointing out to you that as a result of a Flood Debris Removal Project P -3535, the Palia Stream bed between Kilauea and Kinoole St. was filled in and the stream path altered. This has been confirmed by information obtained from the Hilo office of the Natural Resources Conservation Service. There is evidence that the County of Hawaii and the Federal Government were defrauded into payment for work that was never done, and in fact the work performed may have created a greater potential for Toss of life and property when the next great flooding storm happens. In so far as this work was completed less than two years ago the County may be able to bring legal action against the Contractor to correct this hazard and to restore the stream to its natural path, before the next flood. I am attaching a 20 Feb. 02, Letter from the County of Hawaii, Department of Public Works, that identifies the area of concern. It appears from photographs that the bulk of the 688 cubic yards, over eighty (80) dump truck loads, of debris material that was removed from the identified property was dumped back into the stream bed. The Contractor nor the County can verify that the debris material was removed from the site and where it was disposed of. Please contact me for additional information. Let us hope this hazard can be corrected before the County becomes a Defendant in yet another law suit as a result of flood damage. Aloh l an A. Cole Copy to: Hawaii Tribune Herald, w/o attachments File Ref. To: Ref. Dates NQ 1 $ 3Z a karr Krrn Gerald Ta Se Mayer � COr tion ` = J' Counsel Z 4� DF t COUNTY OF f OFFICE OF THE CO COUNSEL 961.8622 101 !UMW Street, Sulte325 1-150,HErmaii 96720-4282 • June 4, 2004 Honorable Mark-J. Bennett Attorney General Department of the Attorney General 425 Queen St. Honokau, HI 96613 Dear Mr. Bennett RE: Dan Cote • On May 2$, 2004, our office met with Mr. Dan Cole, wing a complaint of illegal dumping which occurred on the Big Island of Hawaii_ In sum, Mr. Cole alleges an individual has committed dal acts of dumping, which in turn has caused Mr= Cole finances toss. - Mr . Cole presented what appeared to be considerable bible evidence In sum 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 E.11040MTIOrrtal 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, Kee - au, Hawaii 96749. His telephone number is (808) 966-9229. We thank you in advance for your kind consideration of this matter. Very truly yours, da LINCOLN S. T. ASHIDA CorporaffOf Counsel End. Z cc Cole (Wlout encl.) Gary Safarlk, Oaunalman (wlout encl.) Bruce McClure, Director of Public Works taut end-) OepaitmentsicoiP .8A hese. Canespilettsr to AG re Cote 6.4- o4LSAmW Hawal t Courtly is an Eft QpP tit€ I Eft r _ - - - -_= ti. E AU 0 L � TO: Hawaii Colmty Councilman Gary S IN An County of Council FROM Dan A. Cole P_. Box 630 HI 96749 SUBJECT: "Smoking Gm Documentation", showing fwd and cc ion of Federat Hawaii State, and Ham Cry prdilic officiab, elected and appointed, endamering the welfare of the citizens ofd inreseals to Flood Dear Council limber's, The attached eighteen, (18), pages of government records obi under the Freedom of lerfoonation Act speak for themselves, and identify public opals engaged in a conspiracy of corru n and fraud Train a Feta-nary 2001, Feddally funded peso Job No. P -3535 forthe Flood Debris Removal From Hilo Streams. The Federal government co , and was Med and paid for ther nowt of 2,853 cubic yards, or over 350, eat cubic yard capacity ity dump trucks fall debris' ,tulvvas not reproved from the Waiakea stream and was wed to be contaminated with oil, that has now cawed the silt clogging oft e Wafts boat hadxf ledint a Hawaii Tribune Henddarticle of March 25, 2006 by Jam Councilman Satanic was at the tape recorded, May28 , 2004, meeting with Lincoln Ashkia, Corps Counsel, and Bruce Mctre„ Director of Public Works, identified as FAa` bit "Z" of the attachments. In addition the February 6, 2003 meeting of public officials, as wed in item 7., of the attachment labeled, E `10, identify a m e e t i n g of p u b is offickds G a l e n S r d a i , B r u c e M c C l u r e , Rom T , Mr. Staff and Mr. Nash, that eras also tape mended. with the permission of e officials present How can these taper sifthe County Off ls be transcrilied into a printed record and placed at file fix the public to read so they will brow Au) is responaole fir cu hazards and any future die antlor imry that may rest from the fraudulent and corrupt actions of public officials in the county of Havvag? DaaA. Cole Cc: US Represeataive Ed Case, fax 202- 225 -4987, vaidwut attachments US Representative Net Abercrombie, fax 2/J2-225-4580, wii Banff 'Tribune Herald, fax *089613680 3 February 2007 • INFORMATION PAPER SUBJECT: - Waiakea Stream Flood Damage Reduction Project, island of Hawaii 1. Purpose: To provide information on the subject project for public information meeting to be held on February 14, 2007: 2. Points of Major Interest and Facts. a. The Waiakea Stream Flood Damage Reduction project was requested by the County of Hawaii on April 3, 2001 as a result of severe floods that occurred on November 2 — 3, 2000 that caused significant damage to several residential areas on the island of Hawaii including the Waiakea Stream area of Hilo. Homes near Kawailani Street Bridge, Kupulau Road and several areas in Waiakea Uka, were damaged due to flood waters exceeding stream capacities. b. A reconnaissance study of Waiakea Stream was conducted by the U.S. Army Corps of Engineers and was completed on September 2001. Several potential flood damage reduction measures were identified that include channelimtion, detention basins and diversion channels. The reconnaissance study recommended proceeding with a detailed feasibility study. c. A Feasibility Cost Sharing Agreement (FCSA) was signed by the County of Hawaii and the U.S. Army Corps of Engineers in May 2004. The Waiakea Stream Flood Damage Reduction project is authorized to be conducted under the Continuing Authorities Program (CAP), Section 205 of the Flood Control Act of 1948 (Public Law 80 -858), as amended. d. The purpose of the feasibility study will be to identify the flood problems and to formulate potential alternative plans that reduce flood damages and to document the results in a decision document as the basis for project construction authorization. The alternative plans will be evaluated in detail for engineering adequacy, economic viability, environmental and public acceptability and project sponsor support. e. An aerial topographic survey was completed in January 2006. - Activities that are scheduled to be completed in 2007 include hydrologic and hydraulic analyses, economic analysis, alternative plan formulation and initial environmental coordination. The draft feasibility report is scheduled for completion June 2008. - Y - (-- Phone: (� 72 �" r - FAX ( 12 *f3Y COUNTY . • COUN YOF awArI Awl 15, 2 - - - PBX Pedant Baden - 30# Ma Magna Blvd., 6-100 . U.S. Hanakdo, 111 96850 z Dear Ate = -- _ - Subject Cdmical. Violations °fame ancdPedemal ihat Readied in the Plooding Damage &Blip from the Febmary 2008 Rake; and of Solid Waste inthe Puna District - Pursuant to a request by Mr. Da. Cow I am f+ encloses commiafications fig_ hiLammmilmg the above sabtect If goubave any cpestions or require more information, please eosdact Mr. mat _ Dan Cole . PD. Box 630 - K ea`au, HI 96749 ed (8 966 an - �`� - - c - - - o c' .J c ....■•■•t f...5:::: €) . cam MI -CI r "7: t7 3 -, JYc Iota, Comma Membet _ - =f-T-1 Fri Hawaii QyComa& 7 Council 3- - — _... i Wdw Attachmads - - . '•-:- D Comm. No. _ { EXHIBIT "B" Ref. To: CJ Ref. e 0 2.2002 - h OpporawN/Primfrisr - 25 96120 .2* IT `3" - - - - ,__ ( , r . , - _....-z --ir - Lawience it Mahan -airaYar Mire Ciskei . t's; --_- t 0 E D AN/ 4 7 ; 6 . ti , \-? L i . Trarr s. gobttib - - - - 4 Bursae CirLY • - - County of IlaWaii - - Palial DWAllingThiT • _ _ - • - ' 34910pialasiSseet *Hihkgawail 962 204998 (E38)935-3311 . Fax 0 ' - May 29. 2008 - . - - Ms. Janet I_ Kamerman • Srecial Agent kr Charge _ . Li.S. Department of Jusllce --. - Federal Bureau of ftwestigailon - • - • 300 Na Moans 13Ivd: Suite • Flonokdu Haw all 98850 - - Dear lyifamermarc - - This is a follow-up to the phone conwnsalion Major Marshall Kanehailua of the „... .-_---,_ Hawaii Ponce Department had wllh Supervisory Special Agent Tom Gloriosa on .--„, - -- - ;-` - - May29, 200a. i - `---- During that comrersarron. Major kanehailua had requested the _FBI's assistance - _ - Y-- - - In kivestigaring the allegaliona at govensnert cormplion authned In Mr. Dan '.•._ _- Coleys letter ua of 2008. Major Keurehedua was Informed by SSA Gloria that the FBI had akeedy received a copy of the letter and is currently deciding on the appropriate Baron 10 be taken. . . - - Should your office decide to inftlate an kivesCuation o alleged corruption within -- - • - our deparknert, we am fully apared to cooperate with such krvestigallon. Should you have any quesrions, feel free to cont Major Marshall Kemehallua of - - our Admetshative Bureau at (808)981-2247. - - - , • W' r c. -4 = AO K. MARINA POLICE CHEF . cc Mr. Dan C - - HawatiCeetybas EqualegionzokyhovidasidEmployer . - - - - - - - made ='i '' _ - ` : . � - _ w" =t..- a -1; - �t1_ ▪ -� ! -, dam — = ''7 ar .x.a : 4- - : • i ." - - ,sue: yS " * ' - s • 71- ' ' . 2. --.% `C ` 44itei " ' ® ''- - SS ; > > ::t _ � i3 -r rT+' . b i- _ `Y - `.=" - " 3'1 -' -' - =.ter - �+ >'+ ,, . -= ,_,. -O' '''..t,,-,615 1 ?tsl� 1 -� -- . ,.. ' � ` . 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Q " r^ "� �I c fir{ t � ' ^Q • - .'e t' rr ist - z. ° _1ei-r a^ . - ' - t ^ `� ° "F � ,� - A:m—t " -- r � 'jam , .o-�dfl - a �1 -- `- . _ , •.R):. - •;j- - -#T'�a -" �' ▪ •� �...G - -r - 3 - �. ,--=' 41! � - � . 17 -- -C1- - - mac t� _ 3Cet" - - :' 4 3 ' -- •- - • _ - : • : - l ' - i A .�.4. 7 - v ., �s -� - E 7 - .ice 5 t0 `. — fi - - W • •a' ' �' _ ms's- T _ - Vey/' "f «,C �.r � .a . -_- " fi t `= :— - , 'Q. tea,. _-* '._ x r � - � - ' 4 . 7 _ a s ib cli • ��> -- { -i - - • �) - , 4 gym ._ .-_ -c -....r --- u. ▪ ! • FROM: Dan A. Cole s - " 4 January 2011 P.O. Box 630 L' i gee_ tom( 14- Go P ies Keaau, Hawaii 96749 c s ; , i Council District #5 6l< Testimony in COMMENT to Comm. 10.2: Requests Discussion with Corporation Counsel Regarding the procedures to Wave Attorney - Client Privilege. Referred for Executive Session, Wednesday January 5, 2011, RE: RICO Act 18 U.S.C. §1961 through 18 U.S.C. § 1968 in light of Council's acts and actions in support of violations of 18 U.S.C. §241 Conspiracy Against Rights; 18 U.S.C. §242 Deprivation of Rights Under the Color of Law; and 18 U.S.C. §1584 Sales Into Involuntary Servitude, et. al. The request for discussion between the Council and Corporation Counsel regarding the procedures to waive Attorney -Client privilege is mute. The Council by their knowing and knowingly acts and actions, or non -acts and non - actions has confirmed the existence of a Racketeering Enterprise that influences, controls, or extorts the official actions of the Hawaii County Council in patterns and histories of racketeering activities for the benefit of the Enterprise operating in criminal violation of the RICO Act, where it is not disputed that Corporation Counsel Lincoln S.T. Ashida is a member of such Enterprise. Therefore: In accordance with Chapter 626 Hawaii Rules of Evidence, RULE 503 (d) Exceptions (1),(2) there is no Privilege to Waive as all communications with Corporation Counsel Ashida and the Office of the Hawaii County Corporation Counsel must be construed or identified to be for the purpose of a furtherance of a crime or fraud. Any Council Attorney -Client communications must be viewed in violation of 18 U.S.C. §2 Principals and/or 18 U.S.C. §3 Accessory after the fact, to violations of 18 U.S.C. §1512 Tampering with a Witness, victim, or an informant; 18 U.S.C. §1513 Retaliating Against a Witness, Victim, or an Informant; Violations of the Rivers and Harbors Appropriations Act of 1899 Sec. 9 (33 U.S.C. 410), Sec. 10 (33 U.S.C. 403), Sec. 13 (33 U.S.C. 407), and Sec. 16 (33 U.S.C. 411); Violations of the Securities Act of 1933, Sec. 17. (a)(2) RE: Section 922 of the Dodd -Frank Act, July 21, 2010, 18 U.S.C. § 1344 Bank Fraud; Violations of Hawaii Revised Statutes HRS §324H -30 Prohibition, RE: Hawaii State Senate Bill S.B. 3092, July 1, 2004; HRS §707 -764 Extortion; et.al. The knowing and knowingly acts and actions, or non -acts and non - actions, of the Council in conspiracy with other Agents of the County of Hawaii, Sovereign State of Hawaii and/or Agents of the United States Government, constitutes a conspiracy to knowing and knowingly commit acts or actions, or non -acts and non - actions in patterns and histories of violations of 18 U.S.C. §241 Conspiracy against Rights, 18 U.S.C. §242 Deprivation of Rights Under the Color of Law for the purpose to instill into a person under the authority of the United States the beliefs through criminal coercion in violation of 18 U.S.C. §1584 Sales Into Involuntary servitude, et. al., that Agents of the County, State, and Federal governments had, and have, the legal authority to deprive a person of their State and Federal Constitutional rights and freedoms without due process of law thereby placing a person into involuntary servitude in violation of the Thirteenth Amendment to the U.S. Constitution, Section 1. Neither slavery nor involuntary servitude,..., shall exist within the United States, or any place subject to their jurisdiction. The attached documentation support the aforementioned allegations and is to be considered original information or analysis presented to a civil authority under the United States of the actual commission of a felony or felonies cognizable by a court of the United States and establishes claim by this Testifier, Dan A. Cole, to any and all state and federal rewards, bounties, and/or distribution of fines for such. Sincerely, Dan A. Cole Attached: 29 DEC 2010 Fax Transmittal to Nancy Cook Lauer, Stephens Media Group, containing a 27 December Open Records Law Request to Hawaii County Mayor William Kenoi with copies to Hawaii County Mayor William Kenoi, Hawaii County Council Chair Dominic Yagong, Hawaii County Council Member Fred Blas, Council District 5. (4 pages) 7 December 2010 letter from Dan A, Cole to Dominic Yagong, Council Chair and Fred Blas Council Member Council District #5. RE: Hawaii County $56M Bond Fraud. (1 page) 3 January 2011 Hawaii Open Records Law Request to Hawaii County Clerk, Ms Jamae Kawauchi. (7 pages) Print Page 1 of 4 From: Dominic Yagong (dyagong @co.hawaii.hi.us) To: cole_hawaii@yahoo.com; Date: Fri, December 10, 2010 12:30:06 PM Cc: Subject: RE: County Resoulation to Request US Justice Dept. Investigation of Organized Government Corruption in the County of Hawaii Dear Mr. Cole: Thank you very much for the email. 1 will read through it, digest the information and then respond accordingly. Much Aloha, Dominic Yagong Council Chairperson From: Dan Cole [mailto:coJe hawaii @yahoo.com] Sent: Friday, December 03, 2010 11:13 AM To: Yagong, Dominic 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 http: / /us.mg2.mail. yahoo. com /dc/launch ?.rand =ffb83avtatp6b 12/10/2010 not Page 3 of 4 Standard 86 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. 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 86 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 httn:// us .m92.mail_vahoc_cnmkieilanneh9 ra„el— ffh2 1aty+a+..Al. ,„ FAXTRANSMITTA: Thirty -Five, (35), pages total. 15 February 2011 TO: The Honorable Neil Abercrombie . Governor, State of Hawaii Executive Chambers, State Capitol Honolulu, Hawaii 96813 Telephone: (808) 586 -0034 FAX: (808) 586 -0006 FROM: Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 SUBJECT: REQUEST for State Attorney's General investigation into organized government corruption and racketeering activities in the County of Hawaii, and violations of Hawaii Blue Sky Securities Laws. Aloha Governor Abercrombie, I am sure you are familiar with my name by now, while you were a U.S. Representative I sent you hundreds of pages of verifiable documentation and evidence of organized government corruption in Hawaii, and you took no action as required by United States Code 18 U.S.C. §4 Misprision of felony, and your Sworn Oath of Office as a U.S. Congress Member. As you can see by the first few pages of the attachments your failure to take action on the information presented to on 29 March 2006, as required by federal law, the over $80 million dollars to property damage in Irtio, Hawaii from a 2008 Major Flood Event could have been prevented or greatly reduced with a few hours of bulldozer work to remove the illegal stream diversion works that the County of Hawaii authorized and supervised the construction of in violation of State and Federal laws for the purpose of providing Flood Protection for the property of politically connected people for land and property development at the expense of the flooding damage to properties down stream, and the corruption of FEMA Flood Insurance Rate Maps to hide the true flooding risk to potential property buyers and financial institution dealing in Hawaii County General Obligation Bonds_ Concerns have been raised that there may have been some irregularities in the Rating of County of Hawaii Municipal Securities and Bonds due to the association of former State Attorney General Mark Bennett and his partnership in the law firm of McCorriston, Miller, Mukai, MacKinnon LT P, Bond Counsel to the County of Hawaii who approve the legality of County of Hawaii Bonds when offend. Please take special note of the attached June 4, 2004 letter from Hawaii County Corporate Counsel Lincoln Ashida to State Attorney General Mark Bennett, and the following August 17, 2004 issuing of $55,020,000 County of Hawaii General Obligation Bonds, 2004 Series A, B, C, in light of the potential civil and criminal risks to the County of Hawaii due to their direct admission to a conspiracy to defraud the United States Government in reference to knowing and knowingly violations of 18 U.S.C. §1040 Fraud in connection with major disaster or emergency benefits. You might want to retrieve all those hundreds of pages of verifiable correspondence I have sent you over the years about organized government corruption in Hawaii, as you are now Governor and historically there will be a Major Flood Event in areas of Hilo, Hawaii while you are in office. I will make sure the Media, Federal Investigators, RE: Department of Home Land Security Case #DHS090317006; National Insurance Crime Bureau RE: Case #NICB09-032314, and of coarse the current investigation by the U.S. Securities and Exchange Commission, S.E.C. File ref0OD3IxQy. 11111111111�, are provided access to my extensive records files on what you were sent. There is still time to take corrective actions to prevent the probable injury, loss of life, and extensive property damage from the upcoming Major Flooding Event in Hilo, Hawaii that will happen on your watch. The Hawaii County Police Department refuses to except complaints against Hawaii County Police personnel, Hawaii County Government Officials, nor Members of the Hawaii County Counsel, and the State Attorney's General office, FBI, U.S Attorney's office also refuses to except any complaints on the subjects and ignores all request It is documented in State Court Records that the County of Hawaii has sent out letters of Extortion against my person to various government offices. These Letters of Extortion printed on County of Hawaii Official Letterhead and bearing the Official Signature of the Hawaii County Corporate Counsel, Lincoln S.T. Ashida are the apparent cause for the non -action to complaints I have filed with the FBI Honolulu Division, FBI Headquarters Washington, D.C., U.S. Attorney for the Hawaii District, State Attorney's General Criminal Division and Environmental Crime's Unit, and others. I request that you, as the Elected. and Swam Governor of the State of Hawaii, and authority under the United States fulfill you oblations as required by United State Code, and restore my State and Federal Constitutional rights and freedoms to petition the government in redress of grievance. Thank you for your attention in This matter. Shy, Dan A_ Cole P.S: Can you imagine the political embarrassment and possible impeachment actions when the predicted Flood Event in Hilo occur and you did you not perform your legally required duties as Governor. Print - rage 1 01 1 From: Glenda.Paige@hawaii.gov (Glenda.Paige@hawaii.gov) To: colehawaii@yahoo.com; Date: Tue, February 15, 2011 3:50:53 PM Cc: Subject: Confirmation of Fax Receipt Mr. Cole, This is to confirm receipt today of your 35 -page fax to GovemorAbercrombie dated 15 February 2011. Yours truly, Glenda Paige . Work Flow Systems Manager Governor's Office State Capitol 415 S. Beretania St. Honolulu HI 96813 Ph. (808) 586 -0034 Email: glenda.paige @hawaii.gov ma7 mai]_vahoo.com/dc/launch ?.g =1 &.rand= eetb621a76s07 2/15/2011 TO: The Honorable Neil Abercrombie ri L: _. i _ -- = 21 March 2011 Governor, State of Hawaii t Telephone: (808) 586 -0034 1 - 1 ! 1 - 1 ria: 2 ! ► I ? L FAX: (808) 586 -0006 William Billy" Kenoi Mayor, County of Hawaii 3=6 - State of Hawaii `r a te- © �■ era Dominic Yagong- m Chair, Hawaii County Council -' ` , r " -� County of Hawaii. � State of Hawaii ^ o FROM: Dan A. Cole t--► P.O. Box 630 ^? Keaau, Hawaii 96749 Telephone: (808) 966 -9229 Subject: Appeal from Agency denial of Access to Personal Records, (HRS §95F -15 and HRS § 15.5; 18 U.S.C. §4 Misprision of felony. Aloha Governor Abercrombie, Mayor Kenoi, & Council Chair Yagong. In the absents of a State OIP Director lam filing this OIP Appeal directly with the State Governor. The attached documentation and the language contained therein speaks for its self and constitutes a confession by the County of Hawaii and it's Agents in knowing and intentional violations of provisions under Part III of Hawaii's Open Records Law. This Appeal is by declaration a fulfillment of a person's oblations under Title 18 of the United States Code, 18 U.S.C. §4. Misprision of felony of the knowledge ofthe actual commission of a felony cognizable by a court of the United States, where felonies are identified to be, (a) violations of 18 U.S.0 §3 Armory alter the fact to, (b) 18 U.S.C. §1961(1) "racketeering activity" involving violations of Hawaii Revised Statutes HRS §707 -764 Extortion; Dealing in a controlled substance; 18 U.S.C_ §1344 Bank Fraud; 18 U.S.C. §1512 Tampering with a witness, victim, or an iufurura118 U.S.C. §1513 Retaliating against a witness, victim, or an informant; RE: violations of 18 U.S.C. §1040 Fraud in connection vvi#h major disaster or emergency betnefit et. a Knowing and Knowingly actions by the Hawaii County Corporate Counsel Lincoln S.T. Ashida under the authorization of Hawaii County Mayor William `Billy" Kenoi, where Agents of the County of Hawaii, to include members of the Hawaii County • 0 y Council, by knowing and knowingly non -acts and non -action as required by their Sworn Oath of Office did assist the offenders in order to hinder or prevent the exposure and identification of a RICO Enterprise of persons organized by and throng)) adherence to "Local" culture, customs, and/or norms and their apprehension, trial, or punishment for violations in patterns and histories of racketeering activity identified by Federal and State RICO Statutes. The Actions of Hawaii County Corporate Counsel Lincoln S.T. Ashida under the authorization of Hawaii County :Mayor BRiy Kenoi, with the knowledge of the Hawaii County Counsel, Hawaii County Police Department, Hawaii County Prosecutors Office, et. al., were knowing and knowingly acts and actions in violation of HRS §707 -764 Extortion (1)(e)(f)(h)(1)(kX2). The County of Hawaii sending of numerous Letters of Extortion to various government offices, printed on Official County of Hawaii Letterhead, and bearing the Official Signature of the Corporate Counsel Lincoln S.T. Ashida, where the information that Lincoln S.T. Ashida and other County of Hawaii Officials and agents made false public statements and asserted facts in their Official capacities that tended to subject my personal and business reputes to hatred, contempt, or ridicule thereby destroying my personal credit and business repute by eliminating business opportwmities and income. An individual has a right to correct or amend factual errors, misrepresentations, or misleading entries in his or her personal record. Part Kt sets out the procedures for correction. If the court finds that the agency knowingly or intentionally violated a provision under part III, the agency is liable for, (1) Actual damages of not less than $1,000 (2) Cost and reasonable attorney's fees The Personal Records requested and appealed are required to prepare for the filing of a civil tort in the State Circuit Court system. Thank you for your attention in this matter. Sincerely, i ‘ft, e-Z" Dan A. Cole. Attached: 20 Jan. 2011 Hawaii's Open Records request to County Council Chair Dominic Yagong, (Nine, 9, pages) Hawaii's Open Records Law, Part III Personal records. (Five, 5, pages) Print rageioi From: Glenda.Paige@hawaii.gov (Glenda.Paige@hawau.gov) To: cole hawaii@yahoocom; Date: Tue, March 22, 2011 8:36:14 AM Cc: Subject: Re: OIP Appeal of Denial of Records Dan Cole, This is to confirm that the Office of the Governor received your fax. Yours truly, Glenda Paige Glenda Paige Work Flow Systems Manager Governor's Office State Capitol 415 S. Beretania St. Honolulu HI 96813 Ph. (808) 586 -0018 Email: glenda_paigeehawaii.gov From: Dan Cole <cole tt Yaboo. Jt To: GlendaPaige@hawaii.gov ddce<ia@oo hawan hi.us, Cc - _c m. .hawaftht-us. .hr.trs, jyoshi oto t taus. nunitchellecaleaorg,.ncook4a0sealesthamasioday.com, neilabercromMeeturrailgov, emn. uscoeuts 9ov. Angel caphonokduaip.002>, Brittany Smart <bsmarecolowaliitutp Chief Poke -chcpdonmaco.havaiihltss>, D cYa <d tom ' Glenn Beck , Jay Kimura John Brisid D at9 <d na , ti+coln ithi.us>, TIFFANY EDWARDS HUNT cjbriski®aohatrraa.hius>, Kent MIIf6iatrt <news Oman @me -oom>, West Hawaii Today Date: 0312112011 06:33 PM Subject 01P Appeal of Denial of Records Aloha Ms. Paige, At approximately 3:50PM this date 1 faxed Governor Abercrombie a 16 page request for an Office of Information Practices decision; Subject: Appeal from Agency denial of Access to Personal Records, (HRS 95F -15 and 15.5); 18 U.S.C. 4 Misprision of Felony. Can you confirm Governor Abercrombie received my Appeal? Aloha Dan A.Cole Telephone: (808) 966 -9229 httn- / /ns_ma2.mail.vahoo. corm do / launch ?.gx= 1&.rand-- 3bdgk5p8ot327 3/22/2011 TO: The Honorable Neil AbercroraCE NED 23 March 2011 Governor, Slate of Hawaii ( Six pages total) Telephone: (808) 5864011M 2 NI 3 55 FAX: (808) 586 -0006 William `Billy" Kenoi OohO E i , Mayor, County of Hawaii State of Hawaii m -5 - o Dominic Yagong o Chair, Hawaii County Council _ o -171_ m =, m County of Hawaii -< o co) _ A • State of Hawaii _ ° - ``' T.. m 3 ; Cc: Donald G. Horner . -.7.- ; CEO First Hawaiian Bank n m -` '— Telephone: 808-525-7000 -� FAX: 808 -525 -5798 i . FROM: Dan A. Cole P.O. Box 630 • Keaau, Hawaii 96749 Telephone: (808) 966 -9229 RE:- Supplemental to Appeal to Governor Abercrombie for Agency Denial of Access to Personal Records, HRS § §92F -15 and 15.5. Dear Governor Abercrombie, Mayor Kenoi and Chair Yagong. The attached letter to First Hawaii Bank CEO, CFO, & Chieff Risk Assessment Officer, identifies a small portion of damages to my person and business as a result of the knowing and knowingly acts and actions of Agents of the County of Hawaii, et. al`, in violation of Revised Statztes HRS §707 -764 Extortion. At this time 1 see no other alternative than to file a civil tort in State Circuit Court to make myself whole Ifyou wish to avoid court action RE: HRS § §92F -15 and 15.5 in to my person and business reputation you may contact me with settlement for damages - your proposaL Sincerely, i froc. , , 4._ Lo-Y1 Dan A. Cole C ° PY Print V, From: Glenda.Paige@hawaii.gov (Glenda.Paige@hawaii.gov) To: cole @yahoo.com; Date: Wed, March 23, 2011 12:30:14 PM Cc: Subject: Re: Supplemental to OIP Appeal of Denial of Access to Personal Records Dear Mr. Cole, This is to confirm that the Office of the Govemor received this fax today. Yours truly, Glenda Paige Glenda Paige Work Flow Systems Manager Governor's Office State Capitol 415 S. Beretania St Honolulu HI 96813 Ph. (808) 586 -0018 Email: glenda.paige @hawaii.gov From: Dan Cole <cote hawaii r@Dyahoo -com> To: Glenda.Paige@hawaii_gov, Glenda.Paige@hawai-90v ttawau hi.us, Cc: afpeditor@americanf eepress.net, b(md@co.hatrraii us, �� ay.c0m• - � ' editor@hawaiinewsdarly com, iblas•co.hawan.tLus, gienn.s- -L US, Gov, jyoshimoto@co.hawai hi.us, nook -la awat�today.com• nei oon g, newswamafl@mar phoffmann@co.hawailhi.us, rtliddnger@westhaw -ten• lonald.tharrafitcourtsztate.hius, su_san mo ay@hithmco„rts gov, Angel Pilago <a ila .hawaLhi.us>, AP Press <aphortolulu@ap - Brittany Small - us>, Chief Police <hcpdone@oo.hawailhius>, P 90@� <eric simmons@dhs gov>, Glenn Bedc <glenribedc�xnews.com >, Jay Kimura Dominic yahoo <dy John Brisk' 11 3 . _ha Simmons is> Lincoln Ashda <I.ASHIDA@o0.hawaii.hi.us >, <jaytkhi@yahoo.COm>, John Briski q"Wistd@oD- hawad- tv °us>• Kenai Witham �'�ahi_u - Steven Slagle <sslagle@inicb.otg >, TIFFANY EDWARDS HUNT <n wswoman@me.com >, West Hawaii Today <wht@aioha.net> Date: 03/23/2011 11:13 AM Subject: Supplemental to OIP Appeal of Denial of Access to Personal Records Aloha Ms. Paige, At approximately 11:OOAM this date I faxed Governor Abercrombie supplemental information to the 22 March 2011, Appeal from Agency Denial of Access to Personal Records, (HRS 92F -15 and HRS 92F- 15.5) I filed with the Governor. With a Cc: to First Hawaiian Bank CEO Donald G. Horner. Can you confirm Governor Abercrombie received my supplemental information to my 22 March 2011 Appeal? Aloha, Dan A. Cole Telephone: (808) 966 -9226 htt„• /h,c mrr2. mail. vahoo. com /dc/launch ?.rand= 1b83avtatp6b 3/23/2011 TO: Ms. Jamae Kawauchi = 3 January 2011 • Hawaii County Clerk County of Hawaii /213 °i f, oil 3 r State of Hawaii FROM: Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 Telephone: (808) 966 -9229 SUBJECT: REQUEST under Hawaii's Open Record Law for access to government records, HRS §92F -12 et. al., RE: 20 October 2010 Council's request to Corporate Counsel Lincoln S.T. Ashida to review and advise on correspondence Subject: Wanton & Reckless Criminal Misconduct of the Hawaii County Council; 2010 NOV 12 PM 3 25 document filed with the County Council RE: Hawaii County Police 18 USC 242 Civil Rights Volations & SEC Bond Fraud. Aloha County Clerk Kawauchi; Attached are documents emailed to County Council Members and on file in the Clerks Repository of Records as attached to Comm. No. 10.1, Ref. Date DEC 15 2010. I Request the disclosure of all "government records" as defined by the Hawaii Uniform Information Practices Act (Modified), where the term "government record" is defined broadly to include any information maintained by an agency that is recorded in any physical form. The cover page of Comm. No. 10.1, Ref. Date DEC 15 2010 is attached to aid in locating and identifying the requested government records. I Request access to all govemment records related to, or generated from, the following attached communications to the Elected Officials and a civil authority under the United States known as the Hawaii County Council. (1) Wed, October 20, 2010 2:07:18 PM, From: Dominic Yagong, TO: Lincoln Ashida, Subject: FW: Wanton & Reckless Criminal Misconduct of Hawaii County Council. (2 pages) (2) Fri, November 12, 2010 1:04:45 PM, From: Dan Cole TO: Dominic Yagong et. al., Subject: Hawaii County Police 18 USC 242 Civil Rights Violations & SEC Bond Fraud. (2 pages) This request for these government records is in accordance to HRS §92F -12 Agencies must also disclose (3), Records where compelling circumstances show an affect on the health or safety of any individual In the public interest as to be considered it the Fl public's interest in the disclosure of official information that sheds light on an agency's performance of its statutory purpose and the conduct of government officials, or which otherwise promotes governmental accountability. The 20 Oct 2010 statement by Councilmember Yagong to Corporate Counsel Lincoln Ashida, "Aloha Lincoln, I noticed that you were not Cc'd on this email from Mr. Cole. Please review and advise. Much Aloha - Dominic Yagong", is a clear and obvious breach of any attorney -client privilege according to Counsel Ashida's own words, "merely stating that you have consulted with your attorneys will not breach the privilege. However, stating the reasons underlying our opinion will. Further, once the privilege is breached, it cannot be reasserted Thus, all communications surrounding the previously privileged matter become fair game. In short, you cannot " unring the bell," ". In accordance with Chapter 626 HAWAII RUELS OF EVIDENSE, RULE 503 LAWYER-CLIENT PRIVILEGE (d) Exceptions. There is no privilege under this rule: (1) Furtherance of crime or fraud. If the services of the lawyer were sought, obtained, or used to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud; (2) Prevention of crime or fraud. As to a communication reflecting the client's intent to commit a criminal or fraudulent act that the lawyer reasonably believes is likely to result in death or substantial bodily harm, or in substantial injury to the financial interest or property of another. The nature and content of the government records requested is in the Public's Interest to insure the governments compliance to its statutory purpose as to the protection of the public's health, safety and/or welfare. The requested government records exposes organized government corruption and the existence of a Racketeering Enterprise engaged in patterns and histories of racketeering activities for the benefit of the Enterprise in violation of the Federal Racketeer Influence & Corrupt Organizations Act, RICO Act, with such acts and actions by members of the Enterprise to include, but not limited to, Extortion and Bank fraud, and the influence, control, or extortion of County, State, and Federal officials and employees located in Hawaii, to include Judges and Officers of the Court of the State and Federal Court systems in Hawaii, by and through the conduct of government officials Thank you for your attention to this UIPA Request. Sin rely, Dan A. Cole PICOUNCAn FROM Dan A. Cole P.O. Box 630 �_� _ Keaau, Hawaii 96749 Council District #51 Testimony in CO to Comm. 10: Request Discussion With Corporate Counsel Regarding Attorney- Client Privilege, referred for Executive Session, Wednesday, December 15, 2010, RE: Can a Council Member be held civilly or criminally liable in a lawsuit, where it is learned the Council Member followed the advice of the Corporation Counsel? The attached August 11, 2003 four page MEMORANDUM from Lincoln S.T. Ashida, Hawaii. County Corporate Counsel, RE: The Attorney - Client Privilege, combined with a copy of Chapter 626 HAWAII RULES OF EVIDENCE RUEL 503 Lawyer - Client Privilege as referenced in Counsel Ashida's Memorandum. The doc umentati on and the language contained therein speaks for itself. I call the attention of the Council to item #5 of Counsel Ashida's memorandum; 5. Can I be held personally liable in a lawsuit, where it is learned I did not follow the advice of the Corporation Counsel? A prudent Council Member should also ask the Corporation Counsel: Can a Council Member be held personally liable, criminally or civdly, where it is learned that the Council Member DID FOLLOW the advice of the Corporation Counsel? Please refer to the attached page identified as RULE 503 LAWYER- CLIENT PRIVILEGE, (d) Exceptions. The is no privilege under this rule: (1) Furtherance of crime or fraud. It the services of the lawyer were sought, obtained, or used to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud; Page 1. of 2. Comm.. No. tO R TO: P-$s -tOKfCt I Ref, Date DEC 15 2010 Print Page 1 of 2 i -From: Dominic Yagong (dyagong( of await bi.us) To: bashida(co.hawaii_hi_us; W = = :7' Date: Wed, October 20, 2010 2:07:18 PM Cc: tole hawaii@yahoo.com; . Subject FW: Wanton & Reckless Criminal Misonduct of the Hawaii County Council ;Vi=m. Aloha Lincoln , -J noticed that you were not CCc'd on this enrai from Mr_ Cole_ Please review and advise_ Much Aloha - Dominic Yagong From: Dan Cole [maibo:cole hawaii@yahoo.com] Sent: Wednesday, October 20, 201011:30 AM To: bford@co.hawai.hi.us; d .hawau hi.us; b for+ oa hawai hLus; diceda@co hawai.hLus; • donishi@co.hawai.hi.us; dyagong@oo hawaiii.hi.us; emaeole@co.hawaa hi.us; genriques@co.hawai.hi.us; jyoshimoto@co.hawaiLhi.us; kgreenwell@co.hawai.hLus; phofmann@ao.hawaiLhLus Cc Charhes@djou. ri; DerekJ.Chow@usace.am y rni; oip@hawai gov; AP Press; Chief Ponce; Eric Simmons; Glenn Beck John Brisici; Kenoi Wilham; Steven Slagle; West Hawaii Today; Xunena POH Williams Subject Wanton & Reddess Criminal Misonduct of the Hawai County Council Aloha Hawaii County Council Members: I have not received any correspondence from any of you disputing my assertion that State and Federal criminal charges should be filed against you for your Wanton & Reckless official actions to keep from the public an imminent peril to the public safety, health or welfare from possible future flooding events as described or alluded to by Mayor Kenoi in a Hawaii Tribune- Herald article, and predicted and identified by County, State, and /or Federal government engineering documentation on file as an Exhibits in the civil case against you, Civil No. 10 -1 -82, in the Circuit Court of the 3rd. Circuit, State of Hawaii. I have attached the front page of the 14 October 2010 notice to file Criminal Complaints I delivered to the County Clerks office, and the US Postal Service Certified Mail. Receipts identifing that the aforementioned Federal Complaints were sent out. I am presently preparing complaints to be filed with Hawaii County Police Department for patterns and histories of violations of Hawaii Revised Statutes 707 -764 EXTORTION, against all Council Members as Principles, Conspirators, or Accessory After the Fact. An example of Extortion is identified in records of the Council meeting for the approval of a FEMA Grant to revise identified corrupt and /or fraudulent FEMA . • Flood Insurance Rate Maps, esp. FIRM Community Panel Number 155 166 0870 C, also know under Letter of Map Revision Case No. 09-09 - 2120P. The official statements as recorded in the minutes of the Council . htto://us.ma2.mailvahoo.com/dc/laimch?.rand=ffb83avtatp6b 1/3/2011 Print Page 2 of 2 meeting where Council member Naeole- Beason stated that she has seen me in the neighborhood drinking beer and shooting and she had to seek advice from the County's Corporation Counsel for possible protective actions because Council member Naeole- Beason stated she was being and had been harassed for years by me. I call on Ms. Naeole- Beason to identify Where and When she purportedly witnessed the publiclly stated acts and actions, and What Acts of Harrasment she is identifing in the Council minutes. Additional statements made during the same meeting by Council members Hoffmann and Enriques were also acts and actions in violation of HRS 707 -764 (1)(e) (f)(h)(i)(k) for the purpose to subject me to hatred, contempt, or ridicule to impair my creditability so that other Council members would be influenced to ignore my testimony and warnings of imminent peril to the Public Safety, Health, and /or Welfare, along with identified criminal activity and organized government corruption by other county officials, and approve the FEMA Grant to produce fraudulent and corrupt FEMA FIRMS for the benefit of an Enterprise organized and controlled by and through "Local" cultural and ethnic norms by persons and corrupt government officials that have engaged in patterns and histories of racketeering activities for the benefit of the enterprise, which in this case would be to hide, or reclassified FEMA Flood Zone designations for land /subdivision development in Hilo by politically connected persons at the jeopardy of people downstream from the County authorized and supervised non - permitted and non- documented Stream Diversion Works constructed in 2001 from over 4,000 cubic yards of material under a federal funded contract P -3535 to clear Hilo Stream beds of storm debris from the 2000 floods with the material used to constructed flood protection structures for said properties. As always if any Hawaii County Council member disputes any of the aforesaid assertions or statements you must contact me with verified evidence and/or reasons for your official actions as recorded in Council Minutes of various meetings. It is my intention to begin filing criminal Extortion complaints with the Hawaii County Police Department for RICO Act violations on. 27 OCTOBER 2010. Thank you for your attention in this matter. Sincerely, Dan A. Cole Council Distirct #5 , ronii= Ff}tRlavtatn h 1/3/2011 Ant Pagel oft From Dan. Cole (c o1e haawaii@yaboo.com) `�' To: dyagon h hi us; l done®colbawaiilii us; ° Date: Fri, November 12, 20101_:0 45 PM Cc: Virkelloi@coiiawai bi us; bfard®arhava i-us di colaavaiibi us; 1: ,� donisbi,®co us; ' us; ' us; : _ genriques(oo us; iyosbanolo eo in us; �ll®colarwai bi.us; _ -- - aip®bawaiigov; phoffmgam@colmrallbius; P-org ericsimmoni@lh4o glambeelogfmmews.conc jaytkbiWahoo.com; j co hawalibi us; lcawaua _ t,�.= Nay$ " - p Subie(tHawaii County Police 18 USC 242 Civil Rights Violations & SEC Bond Fraud Aloha Council member Yagong, CALF Representative Mitchell, and - Police Chief Subojuri I stopped by the Hawaii County Council Services Office a few days ago and gave County Council member Yagong's Staff Member Barbara some information about the procedures and forms I will be using to notify the U.S. Securities 8s Exchange Commission of the - conspiracy of corrupt County of Hawaii officials to comment a $56M Bond Fraud through cmission in a conspiracy and deltherate violation of the Securities Exthange Act of 1934, Sec. 17(a)(2). The Hawaii. County Police Department has refused and refuses to except any of the four, (4), - complaints I have attempted to file between 2004 -2010 identifying organized government corruption and a pattern and history of racketeering activity, Re:18 U.S.C.. 1961 Extortion, relating to a conspiracy to defraud the U.S. Government in Emergency Benefits or monies and to create corrupt and fraudulent FEMA Flood Insurance Rate Maps for the Hilo, Hawaii areas for land and property development _ in FEIVIA FLood Zones for the benefit of a RICO Enterprise committing violations of the Federal RICO statutes for the benefit of the Enterprise The refusal of the Hawaii County Police Department to except a complaint by a person within the United States is a Deprivation of Rights Under the Color of Law RE: 18 U.S.C. 242 and aids and c omforts the Enterprise. I have attempted to bring this information before the Hawaii County Police C but alt inf I present is given the Lincoln S.T.Ashida Iawaii County Corporation .Counsel. I have brought this information before the Hawaii County Council and the information was referred to Lincoln S.T. Ashida for review and advice. I have • presented Mayor Senors office with this information also which was referred to the Corporatism. Counsel office with no apparent action taken - . to protect the public health, safety, or welfare, with the Hawaii County - - Corporate Counsel's Office advising the Hawaii County Police Department NOT to except any Complaints on the matters. CO .. _ ., - - --- .s_n____ ,.� , A- Smile. 11 /12/2010 Print Page 2 of 2 Lincoln S.T. Ashida has committed by himself and in conspiracy with others a number of acts and actions of Extortion against my person to portray me as mentally unstable or to demean my person for the purpose to influence other government officials, to include the Hawaii County Police Department to deprive me of my State and Federal Constitution rights and freedoms, in violation of HRS 707 -764, where the Hawaii County Corporation Counsel Office has advised the Hawaii County Police Department to deny me any ability to file a Complaint against Corporation Counsel Ashida and other identified corrupt County, State, and Federal Officials in Hawaii that are formed into an Enterprise by and through the adherence to "Local" cultural and ethnic norms and school or other associations that influence, control, and /or extort County, State, and Federal Offices in Hawaii to include the Judges and Officers of the State and Federal Court systems in Hawaii. The pattern and history of racketeering activities by the Hawaii County Police Department, and their documented pattern and history of Civil Rights violations by Deprivation of Rights Under the Color of Law in violation of United States Code, 18 U.S.C. 242, by this email are referred to CALEA to be used as the bases to deny the Hawaii County Police Department's accreditation in the Commission on Accreditation for Law Enforcement Agencies, Inc., ( CALEA) organization. As always if any person or organization disputes any of the aforementioned information or allegations please refer to page 124 of the Eight Edition of Black's Law Dictionary and read or reread the definition of the "assenting- silence doctrine ", failure to respond to this email by 18 Nov. 2010 will be understood that there is no dispute of the veracity of the aforementioned statements and allegations will be understood by all to be true and accurate as stated and an indirect confession by the Hawaii County Police Department of Civil Rights violations, RE: 18 U.S.C. 242. Thank you for your attention in this matter. Dan A. Cole Telephone: 808 - 966 -9229 1� ,and 41kOkfi9knRlu 1/3/2011 1 1/11kb 1 IN THE CIRCUIT COURT OF THE THIRD CIRCUIT 2 STATE OF HAWAII 3 � ) DAN A. COLE, ) 4 Plaintiff, ) ) 5 vs. ) ) 6 COUNTY COUNCIL OF THE COUNTY, ) CIVIL NO. OF HAWAII, J. STANLEY YOSHIMOTO, ) 10 - - 7 DONALD IKEDA, GUY ENRIQUES, ) DENNIS "FRESH" ONISHI, EMILY I. ) 8 NAEOLE - BEASON, DOMINIC YAGONG, ) BRENDA FORD, KELLY GREENWELL, ) 9 PETE HOFFMAN, in their official ) capacities as members of the ) 10 County council of the County of ) Hawaii JOHN DOES 1 -10, JANE ) 11 DOES 1 -10, DOE CORPORATIONS, ) GOVERNMENTAL UNITS or OTHER ) 12 ENTITIES 1 - 20, ) Defendants. 13 ) 14 TRANSCRIPT OF PROCEEDINGS before the Honorable Glenn Hara, Judge, Second Division, 15 presiding, on Wednesday, August 25, 2010. 16 Hearing on Motion to Dismiss Amended Complaint for Declaratory Judgment and Other Relief 17 APPEARANCES: 18 DAN COLE 19 Plaintiff, Pro Se 20 LINCOLN S.T. ASHIDA, Corporation Counsel For the Defendants county of Hawaii, J. Stanley 21 Yoshimoto, Donald Ikeda, Guy Enriques, Dennis "Fresh" Onishi, Emily I. Naeole- Beason, Dominic Yagong, Brenda 22 Ford, Kelly Greenwell, Pete Hoffman, in their official capacities as members of the County council of the 23 county of Hawaii 24 REPORTED BY: Audrey Tanouye, CSR 225 25 Official Court Reporter, State of Hawaii Audrey S. Tanouye, CSR 225 Official Court Reporter, State of Hawaii 10 1 June 5, 2008, then obviously then it's way past the 2 90 -day limitation that an action needs to be filed in as 3 stated in 92 -11. And on that basis the Court would be 4 granting the County's Motion to Dismiss the Complaint. 5 Now, Mr. Cole, I hope you're not taking this as 6 kind of a decision to muzzle what you want to say or what 7 you have to say. You'd still have your rights to freedom 8 of speech, you have other forums. The public forum is 9 available to you. There are various other kinds of ways 10 that I think you can get your message out. If you want 11 to have this addressed politically then I think you need 12 to go to the political process. And basically that means 13 that you need to convince others of the importance of 14 your position and the correctness of your position, and 15 to support it. That's the democratic way. Basically you 16 need the votes; right? 17 MR. COLE: Well, Your Honor, I also would like 18 to point out that irregardless of any statute, the fact 19 that the Defendants having been made aware of this 2 information even in the service of the summons on this, 21 they have been made aware of actions of peril to 22 the public which should have been acted on at the time, 23 anytime after that or which they became aware of it, the fact they're refusing to act is a violation of the law. THE COURT: I'm sure -- I agree with you. i Audrey S. Tanouye, CSR 225 Official Court Reporter, State of Hawaii VU vVLL. 1 111V 1VJ. 1 iWVWVl, auwl atm Cornell University Law School Search Law School Search Cornell �q. LII / Legal Information Institute U.S. Code collection TITLE 18 > PART I > CHAPTER 1 > § 3 § 3. Accessory after the fact Whoever, knowing that an offense against the United States has been committed, receives; relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one -half the maximum term of imprisonment or (notwithstanding section. 3571) fined not more than one -half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years. LII has no control over and does not endorse any external Internet site that contains links to or references LII. http:// www4law.comelLedu/uscode /18 /usc sec 18 00000003 ---- 000 -.html 7/14/2009 Z - 11 1 think you've -- you know, you've basically let everybody 2 know about the problem. And you're probably in a 3 position of saying, "I told you so," if it ever happens. But unless you convince others that there is validity and 5 substance of what you're saying here, and have the 6 persuasiveness to say, you know, this is something that 7 needs to have action on -- but that's the political 8 process. And you're trying to use the political process 9 to spread your message, I think you need to understand 10 that if you don't have that kind of support then maybe 11 some other forums may be better suited to spread your 12 message. You know, there's letters to the editors, 3 there's blogs, there is speaking out in public forums which you have the opportunity to do. And, um, getting support for your position. But, um, anyway, I am granting the County's motion. They will be presenting you with a copy of the 1E order. You have a chance to comment on the order or submit your proposed order as well. Okay. MR. COLE: Alright. THE COURT: 5o I appreciate your civility in =*tese proceedings, Mr. Cole. Thank you. MR. COLE: Uh -huh. _- MR. ASHIDA: Thank you, Judge. _ - - 000 -- Audrey S. Tanouye, CSR 225 f icial Court Reporter, State of Hawaii r - JAY �� • PROSECUTING/CI �aJ1LAV@ita t96729 CHARLENE% IBMS { _ I961-0466 - 834 PROSECUIDIGRITORNEY 81-08O Waal - IIl4 150 96750 OFFICE OF THEPROSECUIDIG ATTORNEY ME322-65Et4 0112G/2009 1111N A COLE P:.4. BOX 630 - HI 96749 - • Police Report No: CO8039254 -002 Charge Cs) : Date .of O_f_f_z 12/29/08 __ _ Next Emit: SCE S - • This _ is inform that our ice has received] a police report indicating you were a victiat in time above case_ The resort is currently being reviewed to - de-e+mine if criminal . charges can- be - pursued_ We cannot release the suspect's name at this time charges .have not been filed_ fir, if you should. have any questions about crimii justice process, or if you have phone number, please cautac -t_ your address or - - the Victim/Witness Assistance unit' Phone No 934 -3306 Sincerely yours, VIfTIFFIWITi$SS ASSISTS PROGRAM • This document was copiectirom court records filed in Civil No 10-1 -0082 in the 3 Circuit Court of the State of Hawaii on 2010 MAR 16 PM 1:50 - lerrat+O..etrrsa.6pdqpselriYweti a lau giagar UPUNIlleL IIVJUYt HAWAII DOIMASIlEE ON ArBRONWOIONS. United C *tm *matt PRINCE NUM MEWL MUMS CHAIRMAN • - ROOM 7-212,200 MA MOANA BOULEVARD SUOCOMINITIEE ON Amiss, HONOLULU. 111 96850-4525 01AwmAN OMR 5414542 WASHINGTON, DC 20510 X541-I549 COMMITME ON IHDIAMAMIRS (202) 224 - • DBAOCROCI1C SUMMAND 000OCINATION - FAX (202) 224 101 MANS snleii NO. 205 COMMIT= HILD. HI OB720-4221 11808)8615-0844 COMMITIEE ON HULESANDADIMOSTAKHON - - 00011 961-5163 JOINT COMMIE ON PRINTING May 29, 2009 Mr. Dan A. Cole P. 0. Box 630 _ Kolas, Hawaii 96749 Dear Mr. Cole: On behalf of Senator Inouye, who is currently away front the office, !would like to thanliy for your correspondence resat-firing your concerns about corruption in • the Hawaii State government I have forwarded a copy of your correspondence to the office of Attorney General Eric Holder, for his comment on your concerns. I will be sure to share with you any response that 1 way receive. Thankyon again - for wrng. • Aloha, - 4414 .411. _ . - i 1 :1 Q_g :DJ 03A This document court tecords py 1203:: filed in Civil No 10-141082 in the 3. Circuit Court of the State of Hawaii on 2010 MAR 16 PM 1:50 � '/ �� 1f�gvaa - — Police thief -'' -----. -:: 0 ' _ County of Hawes - POLICE DEPARTMENT - . • - 349 gapiami Street •Hila, Hawaii 96720-3998 t 935 -3311 • Fax (808)961 -8869 - May 29, 2008 - - • Ms. Janet L. Kamerman - - Special -Agent in {Marge _ - - U.S. Department of Justice • Federal Bureau of Investigation - 300 Ala Moana Surte #4 -230 - - - Honolulu, Hawaii 96850 - - Dear - - - This is a follow -up - to the phone conversation Major Marshall Kanehailua of the - Hawaii Police Department had with Supervisory Special Agent Tom Oioriaso on May 29, During that conversation, Major Kanehailua had requested the .FBI's asses In investigating the allegations of government corruption outlined in Mr. Dan Cole's letter dated May 6, 2008. Major KanehaHua was informed by SSA o that the FBI had akeady received a copy 01 the letter and is currently • • deciding on the appn to be taken: _ - - Should office decide to initiate an investigation of alleged corruption within - - our deparhuent, we are fully prepared to cooperate with such ligation. Should you have any questionsrfeelfree to contact Major Marshall Kanehailua of - - • our Administrative Bureau at (808) 9612247. - ► • r RENCE K MAHtlNA - — - - - POLICE CHIEF - This documentwas court records filed in Civil No 10 -1-0082 cc: Mr. Ian Cote• in the 3 Circuit Court of the State of Hawaii on 2010 MAR 16 PM 1:50 . 'i amity is an Equal Opponmmy Puwideraad Employer IN THE cmcurr COURT OF TEIE THIRD CIRCUIT • STATE OF HAWAII - DA N A. COLE, et al, ) C1V NO. 08-1-0175 - ) tom) . ) . ) AFFIDAVIT OF EMILY NAEOLE EMILYNAEOLB, ) ) Dom" ) COUNTY OF HAWAII ) • ) ss- STATE OF HAWAII • Affiant fist bring duly sworn on oath deposes and states as personal knowle In 2006 I was elected and now serve as a Counctl-M, nber g the 5i - District of the County of Hawaii. I received over 2000 votes in the geaerai election as best I can xeclt right now a were ode oenalvctes main the general electiOn. _ I have read the complaint and the attached a fled in this case I remember tellingMr. Cole I was a single mother 6113fiet this year, and that my daughter was ingot/edit a cmxent matter involving police But in his complaint he is putting womcls -in my mouth that I c iid.not say, and nuking ads that are not tone. i - am not a pa;t of any criminal Vie, before or after the fact - 1 do take my sari oath seriously and how I dealtwith ML Cole's complaints, _ between Jay Yost and I (because we had tire same complaint fu Mt. Cole), jay told- - me that he (lay) was gmngio take are ofit and send the nation to the attorney general in. Oahu. to see what can be done about Mr. Cole's complaint_ _ I am not a hwle r and we, we, meanie' gjayYoshimoto and mysel4 thought the best -way This document was copied ioui court records filed in Civil No 10- 1-0082 in the 3 Circuit Court of the State of Hawaii on 2010 MAR 16 PM 1:50 7 - i.. - 4„ _ . to rat with-Mr. CC's c:omplaints Vas tD fake ltio the attorney general, and dues What I thought jay Y rang to do, and later on jay t klmethat'sWbsthedid. I was aware that Mr. Cole bad also sPoken. with Co membeaar Jay Yashimoin about - bis - I was aware front Mr Cole's to me that Mr. Cole had lost a . . court case against the County, that Com * had. dumped some mat rhd on his land, - . and he was trying to get me hint reverse the court cased Itoldhim 1 was not - aIawycz and couldn't help hhn. withihnt problem 1 knew Jay Yosbhnoto was as • - - - Mr. C� anit Iwasnot, aad1tD dole'wasnot ana that Jay Y o - tx lci me be "was going to take care ofit" and - h lam on heard fromMr. - - - Yoshio that he lard sent letter tothe FBI an. Mr. Cue's behalf and bads Mr. Cole'S commas onto thelln. Itappeats from the enduIlits that Mr. Cole attached - t o h i s complaint t tMr. Yoshhnota &ddo Cole's - - _ .behalf I snppcnted Jay Yoshimoto in sending Mr. Cotes complaint to the FBL I have no fast hand knowledge abo mt corruption is the Hawaii County police departinent our e County of Hawes. 1 expressed empathy to Mx. Cole and his - desc4ption ebb legal situations as he described - them to me. . E - , r 1 < Affidavit 1.9 Naas =bac:riled and swam trs before me +amc tb of 20OS is tinTbird Cmiairottlie Ste of FHavaiy, by Emily - - aitf/i 4111ra/4°f-4(14' - - -_----------wom 1 - --?d - : 7 1 / 34 9 - - - MOW - 1 Notary P State of �y� r -=z = ? 'D� - ottt � . TS . J ' :, .:.._.T. -,; .. 3-/11,1-12,- - _ -=�: -1:;----- i _ - - - a = : ,._ it s � _: ;1 �+ = .� a g og ` Civil s'1•` • • .... @' >` This do t was - copi court records i fii 6'T41 TE 0*' � Of ♦ �� filed Civil No 10 -1-0082 - - fltfitli {1 09 • j jl /tliilllttZ� - in the 3"d. Circuit Court ofthe State of Hawaii on 2010 MAR 16 PM 1S0 TYOSIMAGM - ..-.16-01tc.c.8 - Phos= (8610961-8272 Coma Walker - --- FAX: MO9614912 Irzstafts V----r-r-::-14. Boa hosithante@en lingswif Iii us .. . --- - --"-- . . ' • EtAwAri COUNTY COIDICIL , - - - - COUNTY OF HAWAII • • Apr • ibelikaosableRdwardILIMo - - NEKIlid it'll Boilthog . . • - - 300 AlaidroanaBlvd...6-109 - _ ..ilondien,B196850 - . - - DetiriLS.Alterneyrabw __ _ . - 1 Se ct ethanol o l i dionsorStateandFedecalLaserthatitesultedin_thelloocling * Daxageinifflorroratheirebenty200BRaiiinandlliegalDamping4Solid. WasteinthePonallisinat PursuantbazequestbryNk-Dmieciejunfizsvaangibeendosedconmamicadok _ Iiimseprdingtheabovosabject lryinatmanycimmerionserequkenszeinformaifon, - • pleretcontainfr- Cob at • _ . - . V& Dan Cob _. '.. _ - - Eitiltinc630 - . - Keteau,, Ill 96749 - (11010 966-9229 - - - - - - • - 3' Yollimmoto,CouncalMeenbet . Hasvari. Comily Own& - _ Coosa Midst 3 - • 'Mae . . Ateramenis - = liaft. Dan Cob ve- . _ _ _ „ - This docinnentwas court records . - filed in Civil No 10-1-0082 in the r Circuit Court of the State of Hawaii - _ - . on 2010 MAR 16 PM 1:50 HawariesmoritaairoperOppoNspitylitorkkrAmilespleir Millegaibeic Velareamajitaise2sAsplaithAsiohnet me EXHIBIT Vg - alensgAdim= assmastadisiadaisosausmibmpoiftarin amo " • tinccht S..T. Amide HaTy Mat _ ; _ . __ _ _ - - _ GerdhlTalcase - ' ---.1- -- Asskiant Cape:Won - -- - 4-4 11 -F . :, - -- - Counsel _ . _ . . - . - - COUNTY OF HAWAII - - - . OFFICE OF THE CORPORATION COUNSEL . . 101 Aupuni Sheet SuBe325 • Hib. Hava8 80204262 • (808)061-8251 • remoisssr-erim . . ' Jtsie4, 2004 - - Honorable Madc J. Bennett . Attorney General . • Department dire Ath3rneyGenent 425-Queen St. Honolulu, HI 96813 . Dear Mr. Bersiett • RE: Dan Cole - - _ 011 May 28, 2004, our Orme metwilliter. Dan Cale. ccanceming a complaint' of Meged dumping which occurred angle frig Island of Hawaii. in sum. IC Cole alleges an . _ kitrividual has consulted Megal acts of dumping, whkh bi - 6 an has caused Mr. Cole Sundial loss. . _ W. Cola primed het vpemed to be consiVerable crecRie evidence to substaneate Ns claims- . - Enclosed Is a copy of a ineinorandom generabed by the Hawaii County Department of Pubec Works stsainarkeing Mr. Cole's contacts/6h the Comb/. • _ . - - ldr: Cole MS advised k seek the services tithe tkxney Genears Enviffmmental Crimes Mill to Mats a complakt and have this matter properly -- • . - We ask your assistance on behat of kir. Cole to look kdo this matter. ht. Cole um be collided at j).0. Box 630; Kees% Hawaii 96749. Rs number is • (808) 968-9229. _ We thank you m adva nce! foi kkid consideration oft* matter_ - _ Very tmly yaws, • _ - - . - LOICOLN S. T. ASIMA - - Corporaun Comisel -- - --- _ _ Enct. _ - cc toC W nd.) -__ . Cali ait e - - - _ This document was copiedfrom - omit records Gatif Mark COUrlpilnan (kit end.) hied in Qvil No 10-1-0082 • Dame McChue, tllreclor of PtifeWorks (ilioqt end) in the 3 Circuit Court of the State of Hawaii 0112010 MARAS PM 1:50 6: Departments/Ow CounseMBAIAlso. ConsupAiderio A% oColo64048-00ali Hawall County is an Eqyalpppoduntly Employerand Ptuvkler -