Saturday, February 10, 1996
By Linda Hosek
If Dennis "Bumpy" Kanahele needs a loaf of bread on his first day back at his Waimanalo home, he'll have to go to Kailua or Hawaii Kai.
Waimanalo, the largely native Hawaiian town where he was raised and site of the self-proclaimed "Nation of Hawaii" that he leads, is still off limits to the federal defendant.
U.S. District Judge Helen Gillmor modified Kanahele's bail yesterday to allow him to move from a halfway house in Honolulu to his Nakini Street home.
But she also set numerous conditions, including prohibiting him from visiting the "Nation of Hawaii" or any Waimanalo location other than his home.
"It's stopping me from being a positive influence on the community," said Kanahele, wondering if he would have to serve on the neighborhood board by telephone.
But the 42-year-old Kanahele said he made a plea earlier this week to go home to his family, and the order allows him to be reunited with his wife, Eva, and two children, Weston, 20, and Tennille, 13.
"We've got a dog, turkey and rabbit," he said. "I never thought I'd miss them too."
Other conditions include a $50,000 signature bond, electronic monitoring, a curfew from 10 p.m. to 7 a. m. with no visitors after 10 p.m., no more than five visitors at any time, and no meetings or business at his home. "The home is to be used for residential purposes only," the order states.
Kanahele said he had imagined that on his first day back he would walk Waimanalo Beach and swim the waters off Rabbit Island where his family had scattered the ashes of his brother.
"It prevents him from being in touch with the aina of Waimanalo," said Hayden Aluli, Kanahele's attorney. Aluli also said he was grateful for Gillmor's ruling, but hoped she would modify it further.
The federal government charged Kanahele in 1994 with harboring and impeding efforts to arrest federal fugitive Nathan Brown, who has evaded a 78-month sentence for tax fraud.
Authorities arrested Kanahele on Aug. 2 and denied bail. They cited previous convictions, threats to law enforcement officers, and judges and a disregard for federal jurisdiction.
U.S. District Judge David Ezra on Nov. 13 ruled to release Kanahele to Miller Hale to balance law enforcement concerns with Kanahele's constitutional rights.
His ruling came after Gillmor declared a mistrial in Kanahele's case, saying jurors were at an impasse and jury tampering may have occurred.
Although Gillmor set a second trial for April 23, Aluli has appealed to the 9th U.S. Circuit Court of Appeals, saying a second trial would amount to double jeopardy.
In modifying Kanahele's bond conditions, Gillmor acknowledged a change in Kanahele's attitude regarding the law, from following rules at the halfway house to obtaining state license plates for family vehicles.
Kanahele previously had plates advocating "sovereignty."
Aluli said Kanahele, who was convicted of driving without a license and plates, made a point and has moved on, adding: "He's more akamai in going through the legal maze."
Kanahele, who said he was not a criminal, said the time in custody gave him an opportunity to focus on his approaches.
"I've done all my apologies," he said. "But a lot of things could have been done more professionally."
He also said he didn't object to staying away from the "Nation of Hawaii," which he has done while staying at the halfway house. But he did object to the government referring to it as a "compound."
"It's a village," he said. "It's not a compound or a Waco. That's a misconception brought by the government."
The government opposed Kanahele's request to be released to his Waimanalo home, saying he continued to be a danger and flight risk.
See related article: Kanahele allowed to go home
Hawaiian activist restricted while he's back in Waimanalo
Honolulu Advertiser, Saturday, February 10, 1996
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