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Judge walks out - lawyer for Kanahele won't shut up

The Honolulu Advertiser
Wednesday, December 27, 1995

By Ken Kobayashi
Advertiser Courts Writer

U.S. District Judge Helen Gillmor yesterday walked out during a hearing for Hawaiian sovereignty activist Dennis "Bumpy" Kanahele when his lawyer refused to stop talking.

"Mr. Aluli, I am conducting this court proceeding," Gillmor told Kanahele's lawyer, Hayden Aluli.

Gillmor said she already outlined the court's position, but Aluli kept asking to be heard during a running exchange that included both judge and lawyer talking at the same time.

"Put it in writing," the judge said at one point.

Aluli complained that he felt his relationship with the judge had become a "personal thing between you and me."

Gillmor assured him that she had the highest respect for Aluli, but warned that she would adjourn if he persisted.

"May I please be heard," Aluli said.

"We will adjourn until Friday," Gillmor said and left.

The verbal sparring is the latest in a series of clashes between the judge and lawyer that went on during Kanahele's trial on federal obstruction-of-justice charges.

That three-week trial ended Oct. 31 when Gillmor declared a mistrial, citing the jury's impasse on two of the counts and juror misconduct.

Aluli yesterday asked that he be permitted to interview the jurors in that case. Gillmor denied that request after hearing Aluli, but Aluli wanted to make additional arguments.

On Friday, the judge will hear Aluli's request that the federal charges be dismissed because a retrial would violate his client's constitutional rights against double jeopardy.

Kanahele's new trial is now set to start Jan. 23.

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