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HomeMy WebLinkAboutCOM 0523.001 2014-2016 William P. Kenoi -�;tv os p , ,, . Duane Kanuha .Flavor \ ,1,1%4 Director Bobby Command • . •• Deputy Director cs M01_. West Hawai`i Office East Hawaii Office 74-5044 Ane Keohokalole Hwy101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 October 9, 2015 N n C) i S - Dru Kanuha, Council Chair and Members of the County Council , County of Hawaii 25 Aupuni Street ^••' Hilo, HI 96720 w Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application (REZ 15-000192) Applicant: Brett W. Ritchie Request: A-20a to FA-la Tax Map Key: 7-3-004:012 Attached for your information is a testimony received from Mr. Robert Freitas, Jr., dated September 29, 2015 regarding the above-referenced Change of Zone application for Brett W. Ritchie. Should there be any questions, please feel free to contact me. Sincerely, DUANE NUHA Planning Director PDtranscouncilREZ 15-192addinfo.doc Enclosures Comm. Ref. To. te Z� f. DgDCT wit cohplann nide R com Hawaii County is an Equal Opportunity Provider and Employer ilamm�eaeaR^ oun .grw September 29, 2015 ?Rs nr,T ? Pm 2 45 County of Hawaii Pl ANNiii\r, L��- ATI i MENT Planning Department .�011�dTY OF HAWAII Leeward Planning Commission West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy. Kailua Kona, HI 96740 Re: Testimony/Letter of Notification To Whom It May Concern, On September 17,2015,I provided my testimony along with my Uncle Kahu Norman Keanaaina in opposition of the rezoning request for TMK: 7-3-004: 012 by Brett W. Ritchie on behalf of herself,her mother,her brother,his wife and their family. I was only informed of this hearing just the day before it was held and in my haste I made the error of stating that this property in question was a part of Land Grant 2972 when it was actually a part of Helu 1609 Palapala Sila Nui that was awarded as an Allodial Title to my great great great grandfather Kama by King Kamehameha IV on January 20, 1855. The kuleana for all lands belonging to my great great great grandfather Kama,his son Samuel Kamaka Kama, his son Jacob P. Kamaka(Kamaka Kama) and his son and my grandfather Henry P. Kamaka were passed on to my mother Amy and upon her passing to me being the reason why I am in possession and control of these Land Commission Awards, Deeds and documents. As you are aware I was forbidden to give my testimony because it addressed the title to the property and was told that this hearing was not the venue to address this issue of title. I would like to inform you that this statement by the applicant's Planning Consultant Mr. Sidney Fuke and Leeward Planning Commission member Mr. Brandi Beaudet is seriously incorrect because whenever there is a concern regarding the title to any property it is everyone's reponsibility to ensure that the title to the property is clear of any liens,illegalities and/or defects in title. Based on my testimony and the exhibits I provided (see Testimony) it is clear that not only were there concerns regarding the true ownership and title to this property,but that illegal acts were committed by my brother Bryon Freitas and his accomplices to bring forth the sale of not only this property,but all properties belonging to my father's the Robert Freitas Sr., Revocable Living Trust and I have the evidence to prove it. As you are also aware I was only allowed to read the conclusion of my testimony in which I had informed the Planning Commissioners,the board members as well as the applicants and their consultant of the violations that had been and are continuing to be committed and the consequences involved especially in regards to the possibility of individuals being implicated as an accessory to Criminal,Felony and War Crime charges. If you recall following our testimony Commissioner Beaudet stated that as commissioners they were restricted in what they can and cannot do being a clear indication that they were simply doing their job as dictated by the State and County of Hawaii and after making this statement a vote was taken where all board members and commissioner's voted in favor of the rezoning request. By executing the laws and actions of the illegal occupier in granting this request everyone who was involved with this process has implicated themselves as accessories to the War 101216 Crime(s)that were committed by Judge Ronald Ibarra,my brother Bryon,his attorneys and their accomplices. It is clear that as expected my testimony,claims to these lands and notification of the facts regarding the illegal overthrow and the illegal occupation of Hawaii by the United States were not taken seriously and as instructed by my Expert Consultant Dr. Keanu Sai I am in need of providing all of you with this Letter of Notification. This is not a threat,but instead a Letter of Notification confirming that I did provide you with this information as well as the consequences and possible implications involved for your actions regarding this matter in your individual capacity. As instructed by Dr.Keanu Sai and as dictated by International Law,the Laws of Occupation and the Geneva Convention if a War Crime has been committed I am required to add the names of everyone involved both before the fact and after the fact in my War Crime Complaint that is being filed with the assistance of Dr. Keanu Sai and my attorney Mr.Dexter Kaiama. It is important to inform you that in regards to being implicated as an accessory to a War Crime under International Law"before the fact" in this case refer's to anyone who was involved with this property before Judge Ibarra had denied my Motion to Dismiss and"after the fact"refer's to anyone who attempted to execute Judge Ibarra's illegal order by selling,purchasing or as in this case rezoning this property for personal gains and profits. By denying my Motion to Dismiss under International Law and the Law's of Occupation Judge Ibarra violated my"rights to a fair and regular trial"which under the Geneva Convention is a WAR CRIME. The bottom line is this"Is there a Treaty of Annexation between the United States and the Hawaiian Kingdom"? The answer is NO!!! Under International Law without a treaty Hawaii is not a part of the United States,the State of Hawaii Government and its courts are illegal with absolutely no authority or jurisdiction over these islands,its people or its lands and that the"confiscation of lands belonging to the occupied state"and the"denial of our rights to a fair and regular trial"under Hawaiian Kingdom law and not United States or State of Hawaii Law is a WAR CRIME. It is also important to note that under the United States own"1996 War Crime Act"a war crime is also a FELONY!!! It is also important to note that under International Law claims of"I didn't know this or I didn't know that"or that"I was just doing my job"to avoid prosecution will not be accepted because my Testimony and this Letter of Notification is evidence that were informed and that you did know. I would like to inform you that because the Leeward Planning Commissioners and Board members had already rendered their decision in granting the rezoning request in spite of my opposition,testimony and irrefutable evidence(exhibits)that I had provided they have implicated themselves as well as several others as accessories to the War Crimes that have already been committed after the fact and I am in the process of forwarding their names as well as that of Mr. Suke and his clients to Dr. Sai to be added to my War Crime Complaint. I would also like to inform you that I find it very interesting to fmd that the person who first purchased this property was Thomas P.Whittenmore who is not only a member of the Planning Commission, but who was not present at the Rezoning Hearing due to an apprent conflict of interest that my legal advisors will be reviewing every closely. As you can see the information I have provided is extremely important and I highly recommend that you review the Testimony and Exhibits I have provided along with this Letter of Notification. Should you be in need of further information I highly recommend that you contact my attorney Mr.Dexter Kaiama at(808)284-5675 or my Expert Consultant Dr.Keanu Sai PhD at(808)383-6100 and obtain their professional and expert opnion regarding this matter and the implications involved. Dr. Sai is also available to do a Special Presentation that will also show you how we can fix these problems and hopefully prevent people from being implicated for War Crimes. I highly recommend that you contact Dr. Sai and arrange for a presentation to be made in the best interest of your entire department. Once again this is not a threat,but instead a Letter of Notification informing you of my family's claims to these lands,the events that have transpired as well as the consequences and possible implications involved. I look forward to your reply and confirmation that the request for rezoning be immediately denied and the property returned to my father's Trust as it was intended. Sincerely Yours, cam _ G i----- Mr.Robert Freitas Jr. P.O.Box 638 Kailua Kona, HI. 96745 Ph: (808)325-2008 Cc: Dr.Keanu Sai PhD - Expert Consultant Mr. Dexter Kaiama - Attorney September 17,2015 Re: Testimony In Opposition of Re-Zoning TMK: 7-3-004: 012 To Whom It May Concern, My name is Robert Freitas Jr. and I am the eldest son of Robert Freitas Sr.and Amy Mokihana (Keanaaina)Freitas. My grandfather is William Keanaaina Jr.and my grandmother is Emily Kopa Kapanui. My hanai great grandfather is Jacob P. Kamaka Kama Kaiokeko'a and my hanai grandfather is Henry P.Kamaka. My great grandfather eventually changed his name from Jacob P. Kama to Jacob P. Kamaka. My mothers father William Keanaaina died when she was very young and upon her mother Emily meeting my Tutu man Henry P. Kamaka,he became the only father she knew caring for him,his father Papa Jacob and her mother Emily as a devoted daughter would. Because they didn't know how to drive my mother and father would drive them where ever they needed to go and even assisted them in not only the caring of their lands,but more importantly in trying to stop the theft of their lands by the State of Hawaii being O'oma and Keahole(Kuleana Lands),Hu'ehu'e Ranch and speculating developers. My great grandfather Papa Jacob was also an attorney and because he was aware of the illegal overthrown and how the illegally occupying government,businessmen,ranchers and speculating developers were trying to steal the lands he made it a point that only one person was given the kuleana or responsibility for all lands belonging to both himself and his son Henry. Because my grandfather Tutu man Henry had no children he kana hanai (adopted)my mother as his only daughter and passed on to her the kuleana as it was passed on to him from his father and so on. As instructed by my mother Amy and as Hawaiian Protocol dictates prior to my father's passing in 2008 the kuleana for all documents and lands belonging to Jacob P. Kamaka and Henry P. Kamaka were passed on to me as the eldest son. These lands also included(EXHIBIT A) Helu 1609 Palapala Sila Nui./Kama for 45 acres signed on January 20, 1855 by King Kamehameha IV.of which this very property TMK: 7-3-004: 012 sits upon. If you look closely the 3rd lines say's: "ano alodio is Kama". This means that it was awarded as an Allodial Title to my great great great grandfather Kama. It is important to note that all lands under the Hawaiian Kingdom were t FXHIBI I B)Allodial Titles: Free; not holden of any lord or superior; owned without obligation of vessalage or fealty; opposite of feudal. This means that when these lands were awarded by the Land Commission of the Hawaiian Kingdom such as it is in the case with Helu 1609 Palapala Sila Nui it remained Allodial without obigation to any lord, superior or submission to any political power meaning government such as the State of Hawaii. Hawaiian Kingdom Law(EXHIBIT C') 172-11 Land patents on land commision awards; to whom, for whose benefit states: "Every land patent issued upon an award of the board of commisioners to quiet land titles,shall be in the name of the person to whom the original award was made,even though the person is deceased,or the title to the real estate thereby granted has been alienated;and all land patents so issued shall inure to the benefit of the heirs and assigns of the holder of the original award". This means that you could never lose your lands even if you die or if it was wrongfully or illegally transferred to someone else. So as you can see a lot of people here in Hawaii have purchased TMK's Tax Map Key's that were illegally placed on these land patents to collect taxes,but the true land owner is still the person to whom the original award was made. And in regards to TMK: 7-3-004: 012,the true land owner is Jacob P.Kamaka,Henry P.Kamaka,Amy Mokihana(Keanaaina)Freitas and now me Mr. Robert Freitas Jr.as it was instructed by my mother and as Hawaiian Protocol dictates. As the(EXHIBIT D) Chain of Title indicates P. Holapa is the sole heir of Ka'akau and Jacob P. Kama also known as Jacob P.Kamaka is the sole heir of Kama. Because there were no longer any heirs or assigns of Ka'akau all lands belonging to Ka'akau now belongs to my great grandfather Jacob P. Kamaka(as the sole heir of both Ka'akau and Kama)and his heirs and assigns forever. An example of this is(EXHIBIT E)a DEED that was drafted on March 24, 1959 and filed with the Bureau of Conveyance transferring the entire 515 acres of Land Grant 2972 to his son and my grandfather Henry P.Kamaka and his heirs and assigns forever. At no time did my grandfather Henry P.Kamaka sell any of his lands and he couldn't because not only were these lands allodial titles,but his DEED clearly indicated that it was to be passed on to his heirs and assigns"FOREVER". This means that my grandfather had the right to lease,to rent,to mortgage to do whatever he pleased,but he could not sell these lands and he didn't. According to my mother and documents that I possess it indicates that Hu'ehu'e Ranch filed an illegal and invalid land claim for a major portion of the 515 acres and sold it to speculator's who developed the Kona Palisades Estate and Kona Acres Subdivisions. Was this land claim by Hu'ehu'e Ranch valid? Based on the information and exhibits I have provided it clearly indicates that it was not so,as you can see the problem of illegal land sales and purchases of my family's lands are even bigger then you thought. If a FULL and COMPLETE title search was performed by the escrow company as required by law they would have discovered that Helu 1609 Palapala Sila Nui beloning to Kama is an Allodial Title Royal Patent that could not be sold,purchased or as in this case rezoned,but because one of the main reason's for the illegal overthrow was the theft of lands these Royal Patents and true land ownerships were being blatantly and intentionally ignored. The illegal overthrow of our Queen Lili'uokalani and her Hawaiian Kingdom Government by the United States military and a handful of insugents led by Lorrin Thurston and Sanford B. Dole on January 17, 1893 is another issue that many people simply try to ignore. Why did this overthrow even happen? Because the military wanted Pearl Harbor and the insurgents being made up of businessmen, plantation owners,ranchers and speculator's wanted the lands that they could never own due to the Allodial Titles and Royal Patents that were issued by the Hawaiian Kingdom. So,by taking over the government these insurgents believed that they now had the right to not only deed themselves and their friends lands of choice,but to even sell lands for profit. Unfortunately they were seriously wrong for under International Law and even United States Constitutional Law once these insurgents illegally took control of the Bureau of Conveyance,replaced the kingdom appointed notaries with fellow insurgents and began to illegally deed themselves lands for personal gains and profits they DEFECTED all land titles and land transfers from January 17, 1893 till today. As you can clearly see everything that was done from January 17, 1893 till today were being done and are continuing to be done ILLEGALLY!!! Because there is NO Treaty of Annexation between the United States of America and the Hawaiian Kingdom under International Law Hawaii is not a part of the United States and instead under an illegal and prolonged occupation. As such under International Law,the Law's of Occupation and the Geneva Convention the"confiscation of lands belonging to the occupied state" which includes these lands of Helu 1609 Palapala Sila Nui./Kama is a WAR CRIME and anyone who assist in the confiscation, sale and/or as it is in this case the rezoning of these lands can and will be implicated as an accessory to this War Crime. Due to the illegal overthrow,the defect in title and the break in the Chain of Title,a NOTICE OF DEFECT was filed with the assistance of Dr. Keanu Sai PhD.and my attorney Mr.Dexter Kaiama on all properties belonging to my father's the Robert Freitas Sr.,Revocable Living Trust. Instead of addressing and clearing the defect in title my brother and his attorney's filed a Complaint with the courts to have the Notice of Defect removed. In opposition I filed a Motion to Dismiss based on a I2b.I Subject Matter Jurisdiction indicating that because there is No Treaty of Annexation under International Law the Hawaiian Kingdom,its land commission awards, its laws and its sovereignty continue to exist till this very day. It is the same as the United States invasion of Iraq. Although Saddam Hussein's government was overthrown the sovereignty, laws and land claims of the Iraqi people remained in place. Being that the Hawaiian Kingdom and its sovereignty continues to exist under International Law this means that the State of Hawaii Government,its laws and its courts like the Provisional Government of 1893 are self proclaimed with no legal or lawful authority or jurisdiction over these islands, its lands or its people. Under International Law should the courts implement the laws of the illegal occupier and not Hawaiian Kingdom Law this is also a WAR CRIME in the"denial of my rights to a fair and regular trial". By Judge Ronald Ibarra denying my Motion to Dismiss he committed the War Crime and under International Law anyone who was involved in I having to file my Motion to Dismiss can be implicated as an accessory to this War Crime before the fact and anyone to attempts to sell,to purchase and/or to rezone or subdivide any of these trust properties can be implicated as an accessory to these war crimes after the fact. FRAUD-There is another serious issue regarding this property TMK: 7-3-004: 012 and that is the undermining of our father's the Robert Freitas Sr.,Revocable Living Trust by my brother Bryon Freitas for personal gains and profits. To cover up the illegal and fraudulent acts that were being committed Bryon and his accomplices created an illegal and invalid amendment to our father's trust for the sole purpose of disbursing the assets,selling the trust properties and dissolving the trust before they were caught and I have the evidence to prove these claims that have already been reviewed by the FBI. Just as in buying a stolen car these properties are being sold through illegal,fraudulent and even criminal acts and anyone who purchases any of these trust properties can and will be implicated as an accessory to these crimes that were committed by my brother and his accomplices without compensation especially if you were made aware of this information,but decided to simply ignore it. Letter of Notification—One of the famous excuses people like to use is: "I didn't know this or I didn't know that" so,to eliminate this problem I drafted(EXHIBIT F) "Letter's of Notification"that I provided to the Realtors and the Escrow Companies to ensure that everyone was notified of what had transpired,what was transpiring and the consequences and implications involved. Because the realtor is required by law to provide all potential buyers with a FULL DISCLOSURE of all information pertaining to any and all properties being sold copies of these Letter's of Notification would need to be provided to all potential buyers. Letter of Notification/Mr.Thomas P.Whittenmore—This Letter of Notification(EXHIBIT G)was certified mailed to Mr. Whittenmore and because he knew that it was coming from me he refused to sign for the letter. Nonetheless it will be included as evidence in the War Crime Complain that is soon to be filed with the Swiss Government and the International Criminal Court by Dr. Keanu Sai and my attorney Mr. Dexter Kaiama. As the letter indicates I did meet with Mr.Whittenmore regarding his purchase of this property being TMK: 7-3-004: 012 where he informed me that he did receive my prior Letter's of Notification from the realtor,that he was aware of violations and fraud that were and are continuing to be committed, the consequences and implications involved and his decision to purchase the property anyway. Brett W.Ritchie—It appears that this person purchased the property from Mr.Thomas P.Whittenmore and is requesting for this rezoning. I am unsure who this person is,but nonetheless everything that i have stated applies person(s)as well. Based on the information,facts and exhibits I have provided it is clear that this property identified as TMK: 7-3-004: 012 could not be sold nor can it be rezoned for any reason. It is also clear that criminal acts were committed in my brothers attempt to sell this property and under International Law it is also clear that fraud,felonies and war crimes have also been and are continuing to be committed. By attempting to rezone this property I will have no choice,but to include EVERYONE involved in this illegal act as an accessory after the fact in my War Crime Complaint that is near completion. This is not a threat,but instead extremely important information that you need to be made aware of just as I have done in this testimony and Letter of Notification with exhibits. I highly recommend that you contact my attorney Mr.Dexter Kaiama at(808)284-5675 or my Expert Consultant Dr. Keanu Sai PhD at(808)383-6100 and obtain their professional and expert opnion on this matter and the information that I have provided to you. Dr. Sai is the leading expert in International Law,United States Constitutional Law,Hawaiian Kingdom Law,Hawaii's Political History and Land Titles. Both Mr.Kaiama and Dr. Sai are assisting me in filing my Felony and War Crime Complaints so,once again I highly recommend that you contact them before making your decision. I look forward to your decision that the Request for Rezoning is DENIED!!! Sincerely Yours, Mr. Robert litast Jr. P.O. Box 63 Kailua Kona,HI 96745 EXHIBIT • ' 2rnoI HELU /eea. AtittiVAttt Wft Ma keia Palapala Sila Nui ke hoike aku lei o Kamehameha 11IL, ke Alii nui he Akua i liana ichomaika, i itoonoho ai maluna a ho Hawaii Pan Ana, i na kanaka a pau, i keia la, ocna jim,a no kona man hope Aiii, ua baawi lila boa aku oia ma he ano abodio j - - — - kona 4r, _X.. kanaka i inanao poll() ia ia, i kela apana a` .3 pau a kupuni o ; a penei hal ha walhe ana a na Manna 41.6 ci/e. „ezo a241‘.4_, •;',11.6%, /VC-4' r et1',/ ,,Z^e,‘a- a. „/(2„. A , /6, `;71:,,, //z9:A-2 "It:(4.". D,„.,,K•<-0.! r- Itir;141°X7.64/ -.2e, /624' • ‘ 1,.// 2:7/ ogy, /16A/ 40! firri• • el-d /ea-4,d' & - j2/ ió d2/0&7 (5" - "eo r )tJ 4J --4 61,7/1-,64/ (3- ' .44 , a maloko o is Apana --" y :? — _ --- eka$oi iki aku em' iki mai paha. Eia ke ku o ka lilo ana, ua haawi mai oia iloko o ka waihona waiw•ai o ke Aka, ua ko i '•e Aupuni na mine minerala a me na mine metala a pan. No ua aina la i haawiia, no mau boa aku no, ma ke ano alodio a no kt . t mau booilina, a me ko .1.4 waihona, us pill nae ka auhau a ka Poe Ahaolelo e kau like ai ma na aina alodio a pau i kela manawa i kela manawa. i mea a ilaa'i, ua kau wau i ko'u inoa, a rue ka Si tui o ko Hawaii Pae Aina, ma Honolulu, i keia la .ge o 3h, -�r� —� , 18 . ,'i r t • EXHIBIT � ALLOCATUR 76 (particularly a writ of error) which is required in some Allotment certificate. A document issued to au appy particular cases. cant for shares in a company or public loan announcing Allocatur exigent /ilakeytar egsajant/. A species of the number of shares allotted or assigned and the writ anciently issued in outlawry proceedings, on the amounts and due dates of the calls or different pay return of the original writ of exigent. See Exigent. mems to be made on the same. Allotment note. In English law,a writing by a seaman Allocution iiilakyuwshan Formality of court's inquiry fa a made on an approved of defendant as to whether he has any legal cause to form,, whereby he makes an s show why judgment should not be pronounced against siva-tient of part of his wages in favor of his wife,father him on verdict of conviction; or, whether he would like or mother, grandfather or grandmother, brother or 319- to make statement on his behalf and present any infer ter. Governed by Merchant Shipping Act, 1970,§ 13(1) motion in mitigation of sentence fsee e.g. Fed.R,Crim.P, Allotment system. Designates the practice in England 32(a)). State v. Pruitt, Mo., 169 S.W.2d 399, 400. of dividing land in small portions for cultivation by Allocutua llakytiwtas/. See Allocution. agricultural laborers, gardeners and others. See also Allotment. Allodarii !celaderiyay/. Owners of aliodial bends. Own- Allotment warden. By the English general incinsure ars of estates as large as a subject may have. act,1845,§ 108,when an allotment for the laboring poor Allodlal /2lowdiy4l/. Free; not holden of any lord or of a district had been made on an inclosure under the superior; owned without obligation of vassalage er feat- act, the land so allotted was to be under the manage- , ty; the opposite of feudal. See also Ownership. ment of the incumbent and church warden of the parish, AlIcxlium ialowdiyam/. Land held absolutely in one's and two other persons elected by the pariah. and they own right, and nut of any lord or superior; land not were to be styled"`the allotment wardens subject to feudal duties or burdens. An estate held by Allottee. One to whom an allotment is absolute ownership,without recognizing any superior to receives a ratable share under an allotrne,i. whom any duty is due on account thereof, to whom land under en inclosure act or Allograph hitlagrikli. A writing or signature made for a corporation or public undertaking are allotted person by another; opposed to autograph. Allow. The word has no rigid or precise roan air;, Allenge %steal/. A piece of paper annexed to a nego import varying according to circumstances or runt x tiable instrument or promissory note,on which to write connection with which it is used. It of mean i.: bestow or assign to any one as his rightt ar due. I endorsements for which there is no room on the instru- st itself. Such must be so firmly affixed thereto as to approve of. accept as true.admit, concede, adopt or itself. thereof. U,C.C. § 3 ?02(21. To grant: something as a deduction or an addition' to aabate or deduct; as, to allow a sum for leakage Pitt. /plot/. To apportion,distribute; to divide property burgh Brewing Co. v. Commissioner of Internal }zc,ae previoualy held in common among those entitled,assign- nue, C.C.A.3, 107 F.2d 155, 156. To sanction c:;ti sr ing to each his ratable portion, to be held in severalty. directly or indirectly, as opposed to merei.= suf erini ,. 'to set apart specific property,a share of a fund,etc., to thing to be done; to acquiesce in; to suffer to to.erhte a distinct party. In the law of corporations, to allot See also Acquiescence; Consent. shares, debentures, etc., is to appropriate them to the Allowance. A deduction,an average payment,a portion applicants or persons who have applied for them. assigned or allowed; the act of allowing. For Family Allotted land, See Allotment. see that title. Allotment. A share or portion; that which is allotted, Allowance pendente lite !alawans pendently ldytly apportionment; division; the distribution of shares in a The court ordered provision for a spouse and children public undertaking or corporation. Partition; the dis- during the pendency of a divorce or separate suppor tribution of land under an inclosure act. proceeding. See also Alimony The term ordinarily and commonly used to describe Allowed claim. Against an estate it is a debt or charge land held by Indians after allotment, and before the which is valid in law and entitled to enforcement. Corn- issuance omissuance of the patent in fee that deprives the land of its missioner of Internal Revenue v. Lyne, C.C.A.1, 90 F.2d character as Indian country. A term of art in Indian 746, 747. ; law, describing either a parcel of land owned by the Alloynour /aloynar/. L. Fr. One who conceals, steals United States in trust for an Indian, i.e.,a "trust allot- or carries off a thing privately. See Eloigne. l` merit,"or owned by an Indian subject to a restriction on alienation in favor of the United States or its officials, All the estate. The name given in England to the short j h pur h in a conveyance or other assurance which i.e.,a"restricted fee allotment." Bear v.U.S.,D.C.Neb„ clause 611 F.Supp, 589, 599. In Indian law, means a selection porta to convey "all the estate, right, title, interest. • of specific land awarded to an individual allottee from a claim, and demand" of the grantor, lessor, etc., in the common holding. Affiliated Ute Citizens of Utah v. property dealt with. U.S., U.S.Utah, 406 US. 128, 92 S.Ct. 1456, 1466, 31 Alluvio marls /al(yhiwviyow maras/. Lat. In the civil 4 L.Ed.2d 741. See Allottee. and old English law,the washing up of the sea; the soil EXHIBIT ek http://www.capitollawaii.gov/brscunent/Vol03_Ch0121-0200D 5172-11 Land patents on land coasaisslon awards; to whom, for ....whose benefit, Every land patent issued upon an award of the boaro of commissioners to quiet land titles, shall be in the name of the person to whom the original award was made, even though the person is deceased, or the title to the real estate thereby granted has been alienated; and all land patents so issued shall inure to the benefit 6f the hers and assigns of the holder of the original award. [I, 1872 , &. 21, RL 1925, §568; RL 1935, §1587; RL 1945, §4641; RL 1955, §100-11; HRS §172-11] Case Notes Land commission award held good against later royal patent. 1 H. 69; 7 H. 90. Award cannot be collaterally attacked. 1 H. 90. Certificate of award of land commission, with its accompanying survey, are admissible in evidence. 2 H. 202. Patents based as awards do not confer or confirm title of later holders. It is merely a quitclaim interest of the government in lands. 3 H. 783; 11 H. 587, 589. Court is inclined not to disturb award of land commission long adjudicated. 5 H. 354. Mahele of 1848 considered and defined. 6 H. 195. Award may be to deceased person; heirs must determine their own . Lespective rights. 15 H. 648. Section does not authorize the issuance of grant to deceased person. 26 H. 382, 397. Review of case law and effect of patent. 49 H. 429, 421 P.2d 570. Cited: 35 H. 608, 630, 658. PT“i0US !NcV i 3/1812013 8. () 1 EXHIBIT 4 • • & MELONE, Asci-NACIT ANC cEPT(FfcATc,, T TLC iNSJPANCE orn, IN AND TO ! Portion of Grant 2972, lying and being at Kalaoa Island of Hawaj, i. - 1Grant 2972 was issued to KAAP1,U and KAMA August 24, 1864. 515 acres. Reserving unto the Hawaiian Government all ri metallic manes of every description. There are no conveyances of made by the said Kaap.au, ac Pknown as Kaakau, and Kama, i 1...ftere probates of their estates. 111DeDecree cree of the Dete, ,- ,ation eclaratLon of heirs of Kama and P. Kama, ut. coased, fii February 9, 1959, in te rcult P,ourt , Third Circuit, Civil No. 391, sets forth the e heir of Kaakau. Kamaka Kama - , 2. Kama, an: Jacob P. Kama i, 14.amaka EXHIBIT 6 • ' ,...:✓ ,'SaW g„i.,!s kx3`.'57, As _m'.d 'd.$':s=.`e; tiu{ '.:C4. T - LI T. C . d t i G 4:1 1, ..a.r.w iY .TL1-it : FY ,,...-..•.-1. :_ AW ' l.P , . 'tY+-....r... l.�;L.S.r+i.Ginn a oLL is�. C ;,R+ W IA kid c:',17.'" d 2 7 Y _iN xn u .w-t.. , c. 3s t.. ,° II (-.'` to y said Grantor has f,:.)r sal l Gr- co'v" t« ever id t m wt4 ,3 £ ,it ';Us -i "1 ; " 4'' ,,,t-4 fo -s c...iiti pre,,aer'ty , ` --3-":";',„ - 3 ,,':',..r-:' oar if;`a1.9a, T o'» d -,T f-1.1k.k andc ,:iis;al tit T f j ri r i - , � x - r r E^ a r -IA ,Z ix {{ y „-t„„„").,"3, a df �8q • y L a v xr tg. . ty l ar � •' - tfi as%4' rSrot- 4 � r'x ya Exx ' y i �r�� �t�;► r-c Regi.+ # €s -Co rauc s *wwfiu- r _ { '�`'. '7:t4' -?6�. .v t z rTc ,�"" ;ssax,�.. rt, ,'�' r�, +^ -.. ,. 'z x--'* :.. r - .�c3.z� ' ,:� ,,,,-,, .? _,,,_.._ ,, s•�,n�,`_ �.`x Fr- ' ...:at,,a ` .�, ' ...�. 3 .�,.,F,#'_s.:su...M. ,,...,,._ _....... _ . EXHIBIT F May 23,2014 Title Guarantee Escrow&Title Service 75-170 Hualalai Rd. Suite C210 Kailua Kona,Hawaii 96740 Title Guarantee Escrow&Title Service Keauhou Branch 78-6831 Ali'i Dr. Suite B110 Kailua Kona,Hawaii 96740 Dianne M.Doherty Clark Realty Keahou Shopping Center 78-6831 Ali'i Dr. Suite#142 Kailua Kona,Hawaii 96740 RE: LETTER OF NOTIFICATION To Whom It May Concern, This Letter of Notification is in regards to emails(see Exhibit A) I received from my brother Bryon N. Freitas regarding the sale of a property belonging to my father's Trust being the Robert Freitas Sr.Revocable Living Trust. The property in question is listed as Mauka 1 (5+acres)T'.VMK 7-3-04-12 that according to my bothers email he states and I quote: "This property has closed escrow"end quote. I would like to inform you that this sale and transaction must be immediately TERMINATED for the following reasons. I was my father's first named and primary Trustee along with my brother and Co-Trustee Bryon that I found to be extremely unusual due to my brothers history of being untrustworthy. True to his nature shortly after my father's passing Bryon suddenly appeared at the family's home with an amendment to our father's Trust in his hand(see Exhibit B) stating that although he didn't know where it came from if I agreed to his deals,in secrecy between the Trustees only,he would throw the mysterious amendment away. I refused his ridiculous offer and immediately realized that something was seriously wrong. Although I informed our attorney's of Bryon's actions and statements to my total surprise no one did anything creating an even greater concern as to what was really going on. So,in fulfilling my fiduciary responsibility I took it upon myself to verify the validity of this mysterious amendment on my own. In meeting with the notary herself and upon her review of the entire document she stated that the document was not presented to her in its entirety, that the Instruction Sheet(first page)and the uncompleted LIST OF TANGIBLE PERSONAL PROPERTY(last page)were illegally removed and criminally re-inserted after her notary and my father's • signature were obtained. To verify this she then stated: "Only the three middle pages were presented to me. This is reason why my notary say's number of pages three 0)when it is clear that there are five(5)pages to the entire amendment. Because of this the amendment is invalid and no good". Upon revealing this information to our attorney's to my total surprise no one did anything and instead efforts were being made to place the blame on me as the Co-Trustee causing me to remove myself as Trustee to reveal the truth. Note: Your review of this document(see Exhibit B)will confirm the statements made by the notary verifying the fact that the amendment is indeed invalid warranting the sale of these Trust properties to be invalid as well. In furthering my research as to the titles and ownership of these properties I discovered that due to the illegal overthrow of the Hawaiian Kingdom the titles to ALL properties in Hawaii from January 17, 1893 till today are DEFECTED. In realizing that these properties were not only being sold based on an invalid amendment,but that the titles to these properties were defected and invalid on November 4, 2011 I filed a Notice of Defect(see Exhibit C)on ALL properties belonging to my father's Trust as required by law. Upon the filing of my Notice of Defect I was informed that Title Guarantee was aware (Exhibit D) of this Notice of Defect when it was filed. It appears that the sale was terminated and court filings and hearing followed to resolve these issues. Instead of validating this amendment and clearing this defect as required by law Bryon and his attorneys filed a complaint with the courts demanding that the Notice of Defect be removed. In opposition I filed a Motion to Dismiss Bryon's complaint based on a 12B-1 Subject Matter Jurisdiction motion stating that under International Law the courts lack the proper authority and jurisdiction to rule due to the illegal overthrow of our Hawaiian Kingdom on January 17, 1893,the illegal takeover of the Bureau of Conveyance that immediately followed defecting ALL land titles in the process and the fact that without a Treaty of Annexation or Cession the State of Hawaii Government and their courts are illegal entities with absolutely no authority or jurisdiction to rule over our islands,our people or our lands. A hearing was held on June 6,2012,and as expected Judge Ibarra used State of Hawaii Law to deny my Motion to Dismiss(Exhibit E)stating that due to the"1959 Statehood Act"he believes that the State of Hawaii does have jurisdiction to rule. At no time did opposing counsel challenge the irrefutable evidence we provided and instead all Bryon and his attorney's did was to simply rely on the mercy of the courts to utilized the illegal Statehood Act to rule in their favor just as attorneys have done time and time again in land cases such as this. Unfortunately, under International Law and the Geneva Conventions because there is NO Treaty between the United States of American and the Hawaiian Kingdom, Hawaii is not a part of the United States,Hawaii is illegally occupied,the State of Hawaii Government and their courts do not have jurisdiction over our islands,our people or our lands and the "denial of my rights to a fair and regular trial"is a War Crime. This means that not only is the amendment calling for the sale of these properties INVALID,but Judge Ibarra's order dated July 16,2012 is not only illegal and unlawful, but it is also a WAR CRL'VIE and as such Bryon, his attorney's and everyone who provided them with any aid,comport and/or support in any form or manner, is being implicated as an accessory to these crimes. A War Crime Complaint and Felony Charges against these individuals are being filed with the International Criminal Court by Dr. Keanu Sai and attorney Mr. Dexter Kaiama. HOW DOES THIS AFFECT YOU? Under International Law anyone who attem is to execute Judge Ibarra's illegal and unlawful order or Bre on's demands to sell anx of these Trust properties can and will be implicated as accessories to these War Crimes and Felonies. This includes everyone!!! I realize that this information may be unfamiliar to you, but it is similar to what happened when the Nazi German's invaded and illegally took control of several European countries implementing their own government, laws,courts and unlawful rulings committing genocide and various war crimes in the process one of which was the denial of the people's"right to a fair and regular trial". Under the Geneva Conventions and the International Criminal Court the following list is just a sample of the War Crimes that have and are continuing to be committed here in Hawaii since January 17, 1893: • war crime of destruction and appropriation of property; • war crime of denying a fair trial; • war crime of unlawful deportation and transfer of persons to another State; • war crime of unlawful confinement; • The transfer,directly or indirectly,by the Occupying Power of parts of its own civilian population into the territory it occupies; • war crime of destroying protected objects dedicated to religion, education, art, science or charitable purposes, historical monuments; • war crime of destroying and seizing the property of the Occupied State; • war crime of compelling participation in military operations; • war crime of outrages upon personal dignity • war crime of displacing civilians As you can clearly see,the committing of a War Crime and the violation of Internationa. Law is nothing to take lightly and the mistake most people make is that their belief that State of Hawaii and its courts will protect you. The problem is because there is NO Treaty of Annexation or Cession between the United States of America and the Hawaiian Kingdom the only law that prevails over these islands and between two(2)countries without a Treaty is.....INTERNATIONAL LAW!!! I am providing the following to validate the information that I have provided: L XHBIT A EMAILS FROM BRYON dated April 2014 and May 20,2014—Upon your review of Bryon's Beneficiary Update he states in 1)and I quote: "Sale of Trust properties as written in the Trust and court ordered"end quote. This is a clear indication that he is relying on the INVALID Amendment and ILLEGAL Court Order by Judge Ibarra to demand the sale of these Trust properties. By you closing escrow you are placing yourself and your colleagues in jeopardy of being implicated as accessories for these war Crime and Felony charges as well. I XIlll t� II INVALID AMENDMENT TO OUR FATHER'S TRUST—As you can clearly see,just as the notary had stated not only were pages illegally removed and re- inserted,but the ist was never completed as required causing the amendment to be INVALID and NO GOOD'!' EXHBIT C NOTICE OF DEFECT—This is a copy of the Notice of Defect I had legally filed with the Bureau of Conveyance. Upon your request and review of the entire document you will discover the irrefutable evidence that we had provided warranting the intervention by the International Criminal Court. LEITER FROM BRYON'S ATTORNEY ROY K. NAKAMOTO— The letter clearly indicates that Title Guarantee was not only aware of my Notice of Defect,but that you were also the escrow company that was being utilized. EXHBI"I E JUDGE IBARRA'S COURT ORDER dated July 16,2012—Under International Law this court order is both illegal and unlawful and as such anyone who attempts to execute this court order in the attempted sale of these trust properties can and will be implicated as accessories to the War Crimes,Felony Charges and other violations that have been and are continuing to be committed by Bryon and his accomplices after the fact. EXHIBIT F Hawaiian Kingdom Accedes to the Jurisdiction of the International Criminal Court—The International Criminal Court's already investigating War Crime Complaints that have already been submitted. EXHBIT G War Crimes are Felonies under U.S.Federal Criminal Law EXHIBIT I Judges,Banks and Attorneys under Investigation for War Crimes— What Judge is list first???Judge Ronald Ibarra. As you can clearly see,if we are able to file these complaints against Judges,Banks and Attorney's,what makes you think that we are not going to file it against YOU. . . . ;,a-ants on the last page "State of Hawaii Authority" ' (UNITED STATES)STATE OF HAWAII GO'VERNMENT' IS A WAR CRIME UNDER INTERNATIONAL LAW—As stated in the last paragraph and I quote: " __ of is to illegally take by force the sovereignty of another country. International tribunals and national tribunals prosecuted both military and civilians after World War I and World War II for these war crimes. The ate oi' iawai government, established by an Act of Congress in 1959,is a usurpation of sovereignty during occupation and therefore not only illegal but also constitutes a war crime. Note: As bead previously staid under international LdW oy executing ivagc. Ibarra's illegal and unlawful court order in your attempt to sell any of these Trust properties everyone involved in this transaction can and will be implicated as an accessory to the War Crime,Felony and other violations that is being or has already been committed. As you can clearly see,violations have been committed warranting the mysterious September 9,2008 Amendment to my father's Trust to be invalid and no good just as the notary had stated. Because there is No Treaty of Annexation the State of Hawaii Government is a War Crime in and of itself warranting Judge Ibarra's July 16 2012 court order to be a War Crime and a Felony that could implicate everyone involved in this illegal sale and transaction as an accessory to the crimes and violations that have already been committed. It is important to note that under International Law claims of ignorance that you were just doing your job or what you were being told to do will not be accepted and the only time leniency will be considered is at the time of sentencing. It is also important to note that these Letters of Notification and correspondences will be utilized in the investigation and prosecution of these crimes by the International Criminal Court should they be required. The excuse most people use is:"I didn't know". Well this Letter of Notification's documentation that you were informed and that you do know and it will be the responsibility of your superiors to inform everyone. For more information go to "hawaiiankingdom.org"or"hawaiiankingdom.org/blog"and get educated to our true history and the'mplications involved. As Bryon's original realtor I have been providing Dianne Doherty of Clark Realty with all of this information and requested that she share it with individuals such as yourselves who could be implicated as accessories though your attempt to sell any of these properties. It appears that the information was being forwarded to Bryon instead causing her actions to be of great concern that I will be discussing with Dr. Sai as my War Crime Complaint and Felony charges near completion. Based on the seriousness of this situation and the implications that individuals like yourselves could be facing in your individual capacity,I demand that you immediately TERMINATE the sale this and all Trust properties named in my Notice of Defect. I look forward to your reply and/or your compliance with my demands that the sale of these properties be immediately TERV{INATED!!! If not I will be forwarding your names to Dr. Sai to be added to my War Crime and Felony complaints. . • . Should you have any questions please feel free to contact me, Dr. Keanu Sai and our attorney Mr. Dexter Kaiama, Their contact information can be obtained through their websites. Sincerely Yours, Mr. Robert Frettas Jr:---(1311": 960-6558) Cc: Dr, Keanu Sai—Expert Consultant Mr. Dexter Kaiama - Attorney EXHIBIT Lq • June 30, 2014 Thomas P. Whittemore Trustee of the Thomas P.Whittemore Revocable Living Trust P.O. Box 1921 Kailua Kona,HI. 96745-1929 Re: Letter of Notification Dear Mr. Thomas, My name is Robert Freitas Jr. and I am the eldest son of Robert Freitas Sr. and the former primary and first named Trustee of my father's trust being the Robert Freitas Sr. Revocable Living Trust. As a Trustee yourself, I am sure you are fully aware of the fiduciary responsibilities a Trustee must adhere to and the serious implications and charges a Trustee could be facing should said Trustee attempt to manipulate and/or violate the Trust or their fiduciary responsibilities to its beneficiaries. I am also sure that you are fully aware of the implications individuals could be facing as an accomplice or accessory to these violations and possible crimes that are committed by the so,called Trustee both before and/or after the fact. Since my father's passing I have discovered not only serious violations of my father's trust by my brother and co-trustee Bryon N. Freitas,but I have also discovered serious violations that according to law enforcement individuals to be criminal in nature as well. Because my brother was trying to claim that as co-trustee I am equally responsible for the violations HE committed, I immediately removed myself as trustee to expose the truth,to take the appropriate actions necessary through the proper courts and agencies, and I have the evidence and witnesses to prove these claims. For nearly the past two years I have been providing Letter's of Notification with irrefutable evidence informing realtors,escrow companies and potential buyers to the seriousness of this situation and how individuals such as yourselves could be implicated as accessories to the violations that have already been committed. Because Full Disclosure is required the realtor is bound by law to provide you with copies of not only the Notice of Defect that was placed upon ALL properties indicated in my father's trust, but of these Letters of Notification as well. On May 29,2014,I noticed that you were on my family's property and in our discussion you stated that not only did you receive copies of the Notice of Defect and my Letter's of Notification, but that in spite of the irrefutable evidence I had provided and the serious implications involved,you made the decision to purchase the property anyway being a clear indication you are accepting full responsibility for your decision and actions. Based on our discussion and the statements you had made it is clear that you are fully aware of the violations that have been committed,the fact that the defect in title has never been cleared and that in spite of the implications involved you have made the decision to purchase this property anyway. I am informing you that all of this information including the escrow documents regarding your illegal purchase of this property(FMK 7-3-04-12) has been forwarded to Dr.Keanu Sai and attorney Mr. Dexter Kaiama to be added to the War Crime complaint,Felony charges,other violations and potential lawsuits that are in the process of being filed with the International Criminal Court along with the proper Article II Courts and agencies. This is due to the fact that under International Law and the Laws of Occupation without a treaty between the United States of America and the Hawaiian Kingdom not only are the titles to ALL properties in Hawaii from January 17, 1893 till today defected and invalid, but that the courts of the State of Hawaii and their rulings,including the one made by Judge Ronald Marra on June 6, 2012, are illegal and unlawful due to the courts lack of legal authority and jurisdiction just as my Letters of Notification and the irrefutable evidence we provided as exhibits had clearly indicated. I am sure you are fully aware of what is taking place with the sudden appearance of the Department of Interior here in Hawaii and the meetings that are taking place on each island. This is due to the illegal occupation of Hawaii by the United States of America and the lands that were illegally stolen and sold through illegal transfers such as yours. I would like to also inform you that you will be held accountable and responsible for any and all damages to the home and property. I am sure you are going to claim that you were making improvements to the property, but because you have NO legal title I consider your actions to be damages. At the instructions of Dr. Keanu Sai the purpose of my Letter's of Notifications, including this one,is intended to educate everyone to our true history,the violations that have been committed and how individuals could be implicated as accessories. Based on the irrefutable evidence I have provided,I highly recommend that you immediately terminate this illegal purchase,vacate this property and I will see what I can do to remove your name from the complaints that are already in the process of being completed and filed with the proper courts and agencies just as I had previously stated. If not I will be seeing you in court just as International Law and the Laws of Occupation dictates. . . . For more information ar,dlor to ensure that the information I have provided is factual and valid please go to Ih,:7, rj 17. or a. ,1"1-1,1-2,7,-: and educate yourselves o not only our true history, but to he implic=cf-;ogs individuals like yourself could be facing as accessories for violations that Lave are,-,iv been corrrnitted nt regards to this and all remaLnirg no-3perties irylicated in my fTherls trust. Sincerely Yours, Mr. Robert Freitas Jr. Beneficiary and Former Trustee of the Robert Freitas Sr. Revocable Living Trust Cc: Dr. Keanu Sal—Expert Consultant Mr. Dexter KaiPma—Attorney