Judge Kathleen Watanabe Denies Defendants Clear Title Claim:
Grants Plaintiff, Joseph Brecsia a default judgment claim to over $362K
By Hale Mawae
Wainiha, Kaua’i
A haole(def. foreigner lit. having no breath; without life; dead) by the name of Joseph Brescia was granted a default judgment in the fraudulent courtroom of [The State of Hawai'i: County of Kauai] against Ka'iulani Edens-Huff et. al. earlier this week. This case includes some 200 plus John/Jane Does, many of which remain unnamed as a party to conspiracy in halting construction of Brescia's home over an ancient burial site sacred to kanaka maoli cultural and religious practitioners. Kanaka maoli, who have fought to save the site because of familial ties, it’s deep cultural purpose, and religious practices performed there over time.
Joseph Brescia claims that over $362K in damages has been lost because of religious and cultural practice at this site, where he has been illegally allowed to continue to build his home upon with the help of State and County government agencies such as the DLNR, SHPD, and the Kauai Police Department. His claim for justice in damages includes building materials, shipping costs, labor and also demands that parties named in this case also include the expenses of his lawyer's traveling costs and fees to Kaua'i from O'ahu at about $1,620 per trip over the course of the trial.
The State of Hawai'i and county of Kaua'i, which currently rests on what they claim to be "ceded lands" has been in dispute with native Hawaiian organizations within the system of the U.S. federal jurisdiction and the state of Hawai'i over many such claims of desecration, slander of title, and trespassing over the last 115 years. Individual kanaka maoli claims to clear title of land have remained in tact for over 115 years in a dually royally patented domain that has never been legally annexed to the United States. These titles have since been systemically undermined in using judicial, legislative, and administrative power in refusing to acknowledge those land claims by denying their own criminal acts. Kanaka maoli ultimately falling victim within their system of oppression under false power and granting those in opposition of Kanaka maoli claims to continue desecration and other criminal acts as such in this case at Naue, Kaua’i.
Recently petitioners for the "State of Hawai'i" with representing attorney and co-conspirator with the state, "Attorney General Mark Bennett" were unsuccessful in receiving a clear opinion from the U.S. Supreme court as to who holds legal claim to lands stolen by the "State of Hawai'i" and the United States of America over the last 115 years. Sending their order back into deliberation with the Hawaii State Supreme Court under the establishment of their false Hawaiian government once previously known as the Provisional Government, which has become to be known today as the illegitimate "State of Hawai'i.
"The State of Hawai'i" was established on the foundation of a criminal conspiracy with the United States Military to overthrow the kingdom of Hawai'i, steal its national treasury of silver and gold coffers, and undermine the seat of the crown from Queen Lydia Liliu Kamakaeha Lili'uokalani and her right to power in seeking justice from an international audience at the League of Nations. The United States broke their international treaty of friendship and commerce with the Hawaiian Kingdom and threatened war to over 40 other nation’s that remained in treaty on the basis of Hawai’i’s continued neutrality of friendship and commerce.
Since this international crime kanaka maoli’s legal claims to land, natural resources, and other humanitarian wrongs committed since the time of the illegal overthrow have gone unrecognized in the United States because of their obvious criminal acts were perpetrated. The U.S. Supreme Court refuses to acknowledge the truth of their continued humanitarian crimes against the aboriginal peoples of Hawai'i and those Hawaiian nationals who continue to protest the illegal U.S. Military occupation on Hawai'i's neutral shores using a foundation of skillfully crafted legal terms using the art of words to deny any such ties to their ongoing criminal actions. Therefore, such cases of humanitarian criminality ultimately lie within the jurisdiction at an international court, where there would be no bias in judgment against criminals acting within the false State and U.S. jurisdictions allowing such crimes like Naue to continue on the basis of their judgements such as Kathleen Watanabe's defacto jurisdiction.
These claims have yet to be internationally recognized because of U.S. threats of terror against international communities intervening in relations of 116 years of criminal injustice against aboriginal people's of Hawai'i. Meanwhile the United States continues it's criminal actions within it's corporate establishment of the "State of Hawai'i" and has yet to be brought to justice in holding the United States as a responsible party to conspiracy, treason to the throne, and for allowing an illegally established government to continue its crimes against humanity under a belligerent U.S. military occupation.
Because Hawai'i has faced a history of quieted oppression through the State's use of Logic of Elimination in removing the people from their connection to their land it clearly raises the question to individuals making well-standing legal claims on cultural and religious practice to one's ancestors buried at a site for more than 500 years. Judge Kathleen Watanabe refused to hear argument's regarding Hawaiian nationalism and defendant's questioning the failure of due process on the basis of its false jurisdiction over parties named in Brescia's suit. Brescia's lawyer made fraudulent claims in the "state" courtroom that defendants crimes also included trespassing, conspiracy and slander of title within the "state of hawai'i."
Those who were also named in the civil lawsuit were told that no arguments for claim of title would be heard and that defendants could only dispute responsibility to Brescias claim to damages, where he still contests that he owns that parcel of Kuleana land. Named parties in the case continue to exercise their right to their clear title claims and that the “State of Hawai’i” will not recognize any such claim because their history of denying any such legal claim to land, where documents date back as early as 1843.
The "State of Hawai'i," "County of Kauai," and Judge Kathleen Watanabe have refused to acknowledge the clear title lien against Joseph Brescia and the possibility of other squatters who have no claim to title within that same tax map key. This case also raises the question to the legality of this courtroom’s jurisdiction by not providing legal due process for these defendants by denying legal document's that clearly challenges Brescia’s claim to slander of title since such documents also challenge the State of Hawai'i, and the United States government’s claim to illegally occupied lands.
Joseph Brescia, was granted his default judgment by right of Judge Kathleen Watanabe against Ka’iulani Edens-Huff et. al. Ka’iulani has stated that she doesn’t expect to receive any such justice from the state who knowingly wants to continue its corruption than to acknowledge the truth. “Losing can also be winning for us,” she says. “We know that our actions were pono and that the state will never recognize us in this case because they’d be admitting to their criminality.” Take a moment and think for yourself who is just in there cause to save the remains of ones ancestors on the basis of obvious clear title that the State refuses to recognize. What is the State so afraid of, and will they ever do the right thing for the people righteous in their approach to seek justice for their culture, their land, and their ancestor’s eternal rest.
Mahalo to Hale Mawae for sharing on FB.
ISN'T IT TIME TO STOP THIS NONSENSE?
You need to be a member of maoliworld to add comments!
I commented on this post yesterday but do not see it here, so I am re-posting my comment. E kala mai if both end up being posted later.
I was listening to Ka'iulani's "Songs of Sovereignty" show that she does every Wednesday morning on KKCR Community Radio and she mentioned doing research in the Bureau of Conveyances regarding this property. She found documentation showing that in 1920, this same property was listed as a "cemetery". The document was written in English, a'ole 'Olelo Hawaii. The State and all concerned entities cannot feign ignorance in this matter. Besides so-called ignorance is no excuse.
In this case, Joe Brescia is "soul-less". He went in with his eyes wide open, knowing he would find 'iwi but did not care how his actions would offend the descendants of those 'iwi. This was not the first property he has developed in the area and he has encountered 'iwi in his other developments. It is well-known in the community and among real estate professionals that this area is loaded with 'iwi. This is no "family home" as reported in the media, but another of his illegal vacation rental investments. For those who are unaware, this area is zoned conservation and therefore cannot be used for commercial use, yet there are vacation rentals up and down the entire coast of Naue, the famed hala groves of the past are gone. Kanaka Maoli who have lived there for generations, have found it increasingly difficult to access the ocean to fish as they have done for hundreds of years.
I have NO sympathy for this man. His actions have never been PONO. He is filthy rich yet his greed is relentless. He has tried to circumvent the law and find the loopholes in the system, assisted by the incompetence of State and County government. There is a lot of blame to go around. Why is he suing people who have absolutely no means to pay the judgement he is asking for? Who are asserting their customary and religious rights? He is an a******, thats why. If that were my kupuna, as it is Ka'iu's, I would probably have done the same thing. At least she recognizes that she is not likely to find justice in the American system, as with most Kanaka Maoli issues.
For me, that reason alone (no justice in the American system) is enough reason to support independence.
Yes, I do agree. There is no justice for kanaka maoli in a system already FAKE & SCREWED each and everyone of us. They will continue to do so until we are all gone!
GREEDY as hell and we have no place in HAWAII for that! I have 'ohana who were born, raised and buried there too! The FAKE STATE OF HAWAII has allowed development like this to push away our people!
We need to go back to the Kingdom and take care of business!
I like Hale's work but this one is extremely difficult because buyers come in and sometimes to no fault of their own do not know that there are encumbrances on the title. Brescia should have named the "state" as perpetrators... not the people who were defending their rights too but people feel compelled to blame someone so they blame Hawaiians but it's not their fault. Unfortunately some people are reacting to this injustice by inadvertently attacking our keiki with some mean implications. Why not address Brescia and the "state" instead of stating "haole" ="dead???" Our keiki are not dumb. They see that then internalize it.
This is not directed to you but just my mana'o.
IMHO we need to continue and not give up. One thing I don't like though is the anger directed to Haole and to Americans which doesn't hurt them. It hurts our keiki! "Haole" was defined as "dead."
How do "you" think Hawaiian keiki who are haole too will feel when they see that????? That if they are haole too that they are DEAD??? It's bad enough that some people bash Hawaiians in the local B.S. media and are inundated with messages that we are somehow "less than human" and/or that somehow it is "wrong" for Hawaiians to fight for their rights and/or for what they believe in... but the emotional abuse wow... I would not want my keiki, nieces, and nephews looking at that stuff.
In fact it is this reason why I do not want my nieces attending UH-Manoa. I do not want them to experience this subtle emotional abuse meant to respond to the travesty of people like Brescia trying to get away with it and end up billing some Hawaiians... yet inadvertently harm some of our keiki with harsh words like "haole" = "dead." WTH??? If I could I would protect all of our keiki from this kind of subtle emotional abuse!
Replies
I was listening to Ka'iulani's "Songs of Sovereignty" show that she does every Wednesday morning on KKCR Community Radio and she mentioned doing research in the Bureau of Conveyances regarding this property. She found documentation showing that in 1920, this same property was listed as a "cemetery". The document was written in English, a'ole 'Olelo Hawaii. The State and all concerned entities cannot feign ignorance in this matter. Besides so-called ignorance is no excuse.
In this case, Joe Brescia is "soul-less". He went in with his eyes wide open, knowing he would find 'iwi but did not care how his actions would offend the descendants of those 'iwi. This was not the first property he has developed in the area and he has encountered 'iwi in his other developments. It is well-known in the community and among real estate professionals that this area is loaded with 'iwi. This is no "family home" as reported in the media, but another of his illegal vacation rental investments. For those who are unaware, this area is zoned conservation and therefore cannot be used for commercial use, yet there are vacation rentals up and down the entire coast of Naue, the famed hala groves of the past are gone. Kanaka Maoli who have lived there for generations, have found it increasingly difficult to access the ocean to fish as they have done for hundreds of years.
I have NO sympathy for this man. His actions have never been PONO. He is filthy rich yet his greed is relentless. He has tried to circumvent the law and find the loopholes in the system, assisted by the incompetence of State and County government. There is a lot of blame to go around. Why is he suing people who have absolutely no means to pay the judgement he is asking for? Who are asserting their customary and religious rights? He is an a******, thats why. If that were my kupuna, as it is Ka'iu's, I would probably have done the same thing. At least she recognizes that she is not likely to find justice in the American system, as with most Kanaka Maoli issues.
For me, that reason alone (no justice in the American system) is enough reason to support independence.
Aloha mai kaua e Namakaeha.
GREEDY as hell and we have no place in HAWAII for that! I have 'ohana who were born, raised and buried there too! The FAKE STATE OF HAWAII has allowed development like this to push away our people!
We need to go back to the Kingdom and take care of business!
I like Hale's work but this one is extremely difficult because buyers come in and sometimes to no fault of their own do not know that there are encumbrances on the title. Brescia should have named the "state" as perpetrators... not the people who were defending their rights too but people feel compelled to blame someone so they blame Hawaiians but it's not their fault. Unfortunately some people are reacting to this injustice by inadvertently attacking our keiki with some mean implications. Why not address Brescia and the "state" instead of stating "haole" ="dead???" Our keiki are not dumb. They see that then internalize it.
This is not directed to you but just my mana'o.
IMHO we need to continue and not give up. One thing I don't like though is the anger directed to Haole and to Americans which doesn't hurt them. It hurts our keiki! "Haole" was defined as "dead."
How do "you" think Hawaiian keiki who are haole too will feel when they see that????? That if they are haole too that they are DEAD??? It's bad enough that some people bash Hawaiians in the local B.S. media and are inundated with messages that we are somehow "less than human" and/or that somehow it is "wrong" for Hawaiians to fight for their rights and/or for what they believe in... but the emotional abuse wow... I would not want my keiki, nieces, and nephews looking at that stuff.
In fact it is this reason why I do not want my nieces attending UH-Manoa. I do not want them to experience this subtle emotional abuse meant to respond to the travesty of people like Brescia trying to get away with it and end up billing some Hawaiians... yet inadvertently harm some of our keiki with harsh words like "haole" = "dead." WTH??? If I could I would protect all of our keiki from this kind of subtle emotional abuse!
Malama, Lana