By Mark Matsunaga

Hawaiian sovereignty activist Dennis "Bumpy" Kanahele last night repented for his past aggression, drew endorsements from other Hawaiian leaders, then won a court order freeing him from prison.

"My past is my past. I was hard head before, " Kanahele, head of the self-proclaimed Nation of Hawaii, told federal Judge David Ezra. "Whatever it takes to patch things and make things work, you got my word."

Leaders from such organizations as the Office of Hawaiian Affairs, state Hawaiian Sovereignty Elections Council and Ka Lahui Hawai'i assured the judge that Kanahele is neither a danger to this community not a flight risk.

They testified he should be released on bail pending trail in January on charges that he harbored convicted tax protester Nathan Brown and foiled two attempts to arrest Brown last year.

A half-dozen church leaders also were on hand to testify.

After a 2 1/2-hour hearing, Ezra ruled that Kanahele can be released as early as today to the Miller Hale "halfway house" on the slopes of Punchbowl until his new trial.

Kanahele will be required to spend his nights there, but will be free to go out during the days. Ezra cited the risk of danger of "overzealous supporters" and ordered Kanahele to stay out of Waimanalo, where his closest supporters have established a settlement on state land. The Nation of Hawai'i calls it "Puuhonua (Refuge) Village;" federal officials call it "a compound."

The state offered the facility to Kanahele and his followers last year, in exchange for their ending a 15-month occupation of Kaupo and Makapuu beach parks. The Nation of Hawaii claims several thousand members, who advocate Hawaiian independence and contend that the federal and state governments are occupying the Islands illegally.

Deemed a danger to the community and likely no-show for trial, Kanahele has been held without bail since he was indicted and arrested on Aug. 2.

Kanahele stood trial on the charges last month, but that ended in a mistrial because of the jury's deadlock and a juror's misconduct.

Yesterday he and his lawyer, Hayden Aluli, asked Ezra to reconsider holding Kanahele without bail.

Kanahele said that he's been pushing Hawaiian independence, but believed it was his right under the U.S. Constitution: "I thought you could speak without getting in trouble."

But he told Ezra, "Today I understand that it cannot be done the way I like 'em done. . . . I think I was put in prison for understand that I might have been too aggressive."

Kanahele, 41, also mentioned that yesterday was his 21st wedding anniversary.

Aluli called seven people to the stand, and offered endorsements from many others.

Among those who testified were OHA trustees A. Frenchy DeSota and Kina'u Kamali'i as well as Hawaiian scholar Lilikala Kame'eleihiwa.

"We who grew up poor, who grew up in the street, who grew up rough, sometimes we say rough things," said Kame'eleihiwa, a citizen of Ka Lahui Hawai'i, a sovereignty group that has often clashed with Kanahele.

But she pointed out that during the 1986 Makapuu occupation that resulted in Kanahele's conviction for threatening a policeman, no one was killed or shot.

Office of Hawaiian Affairs trustee Kamali'i called Kanahele "passionate.

"Some people might take that as being violent," Kamali'i said.

When Ezra mentioned that Kanahele might have to pay his own rent at the Miller Street halfway house or stay at Halawa until the federal government could find the money, Aluli turned around and saw Kamali'i sitting behind him. She immediately offered to put up $2,000 in personal funds to cover Kanahele's costs.

DeSoto, who has know Kanahele since he was a child, promised Ezra that he would return for his second trial.

"I swear to you, judge, on the lives of my children and my grandchildren and my great-grandchildren, he will not run. He has given his word, and his word is sacred," DeSoto said.

Ezra on his own came up with the notion of sending Kanahele to the Miller Hale halfway house.

Assistant U.S. Attorney Les Osborne wanted Kanahele to remain in jail. He said Kanahele's "antisocial dangerous conduct" has continued into this year and argued that Kanahele "has no reason" to return to court for his case.

But Aluli said Kanahele's supporters could post bail of up to $250,000 and another $57,000 from the equity in Kanahele's Hawaiian Homes house.

Ezra said he wanted to balance Kanehele's rights with the safety of the community and concerns by law enforcement officials.

The judge cited the time Kanahele has already been held without bail and the initial mistrial.

Any further detention would not "serve any useful purpose," the judge said.

Osborne said he was disappointed in Ezra's ruling.

"I sincerely hope he (Kanahele) doesn't disappoint the judge or the people of this state." Advertiser Staff Writers Ann Botticelli and Ken Kobayashi contributed to this report.


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