Return to the Hawaiian Independence Home Page, the News Articles Index or the Kanahele Political Prosecution Page
Wauke rule

Court Rejects Kanahele's Request To Have Charges Dismissed

The Maui News
December 12, 1996

HONOLULU (AP) -- A federal appeals court has rejected Hawaiian sovereignty activist Dennis ``Bumpy'' Kanahele's request to dismiss charges against him.

The 9th U.S. Circuit Court of Appeals ruling means Kanahele must stand trial again on federal felony charges of harboring a fugitive.

U.S. Attorney Steven Alm said a new trial date will be set later.

Kanahele declined to comment on the appeals court ruling.

His attorney, Hayden Aluli, said he may ask the court to reconsider the ruling of the three-judge panel.

Kanahele, leader of the self-proclaimed Nation of Hawaii, is charged with harboring fugitive Nathan Brown, a convicted tax protester, and interfering with his arrest in 1994.

U.S. District Judge Helen Gillmor declared a mistrial during jury deliberations in Kanahele's first trial.

Aluli appealed, arguing that Gillmor improperly declared the mistrial and that a second trial would violate Kanahele's constitutional rights against double jeopardy.

The appeals court also said co-defendant Gordon Kaaihue must stand trial again. Kaaihue is charged with trying to interfere with Brown's arrest.

Wauke rule
Return to the Hawaiian Independence Home Page the News Articles Index or the Kanahele Political Prosecution page