By Linda Hosek
Supporters of Dennis "Bumpy" Kanahele plan to offer a substantial amount of money to get the leader of the self-proclaimed Nation of Hawaii out on bail before his next trial Jan. 3.
Hayden Aluli, Kanahele's attorney, also said he would file motions to acquit Kanahele of his misdemeanor charge and to dismiss all charges following the mistrial declared Tuesday over his objections.
He said jurors told news reporters that they had acquitted Kanahele of interfering with the service of a warrant in January 1994.
Aluli also said the court should have pursued less drastic alternatives to a mistrial and that a second trial would create double jeopardy for Kanahele, in custody since his Aug. 2 arrest.
"The government has one and only one shot at getting a conviction," he said yesterday after the hearing to set a date for a new trial.
But Les Osborne, assistant U.S. attorney who prosecuted the case, said he would oppose Aluli's motions.
Osborne also said jurors never returned a verdict and that they frequently re-evaluate their position until they sign the verdict form and turn it into the court.
Two jurors said Tuesday that all the jurors had agreed to acquit Kanahele and Gordon Kaaihue of the misdemeanor charge. But they also said jurors were leaning toward convicting Kanahele of the federal charges of harboring a fugitive and interfering with deputy marshals trying to arrest him (sic).
U.S. District Judge Helen Gillmor Tuesday declared a mistrial, citing potential juror violations and the jury's likely impasse.
She said a juror had gone to the federal law library to seek information on the 4th Amendment to the U.S. Constitution and that a juror had asked a deputy marshal about jury tampering.
Gillmor said she had ordered jurors not to do their own research and that the question about jury tampering put a cloud over the jury.
Aluli said Gillmor abused her discretion and that he would seek a judge from outside the district to rule on his motions.
"Gillmor is not the right judge to determine if she abused her discretion," he said. "Can any judge here be fair and unbaised?"
Osborne said no procedure exists to allow Aluli to seek a judge outside the district. He said Aluli can make a motion to disqualify Gillmor and she will rule on the motion.
He said that if she disqualifies herself, Aluli could go through the same process with other judges.
Sidney Quintal, Kaaihue's attorney, said he would also move to acquit his client of his misdemeanor charge.
He said he also was skeptical about the ability of federal judges to be objective in the case involving two native Hawaiian sovereignty activists. He said some judges felt threatened by "warrants" they received from the Nation of Hawaii, saying they may be guilty of crimes against the nation.
Aluli questioned the role of deputy marshals in the mistrial, saying it was inappropriate for the marshal to answer the juror who asked about jury tampering.
U.S. Marshal Anne Kent said the marshal answered the question because it was general. But she also said he reported it to her because he thought it was unusual. She said she in turn reported it to Gillmor, who interviewed the marshal.
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