Tuesday, November 4, 2014

Hunger Strike to Expose Maui's Broken Justice System


The Truth that Maui Government Criminals, the Maui Visitors’ Bureau, and their Lackeys in the Media Don’t Want You to Know about Maui’s Broken Justice System

During July and August I spent about 100 hours on sidewalks at high-traffic spots in downtown Wailuku displaying large signs that make outlandish defamatory allegations about Mayor Alan Arakawa. I called him a “pedophile” and a “cannibal,” followed by the words “I swear this is true under penalty of perjury.” I had made the claims up.
On August 18 I filed a petition in district court for a temporary restraining order (TRO) alleging that the mayor had phoned me several times and threatened me with violence if I continued to defame him. My signature certified that my statements were true, sworn under penalty of perjury. My phone records show that calls were made to me from a pay phone in the county building at the times I alleged that the mayor had called me. But a check of the security camera near that phone would show me making those calls.
A few days later I sent an anonymous letter to the county prosecutor along with a copy of the TRO petition, which I said had been obtained by the broadcast station where I worked. As an Arakawa supporter and friend, I said, I am outraged and want Kurt Butler prosecuted for perjury. I explained how perjury might be proved by evidence from Butler’s phone records and from the mayor’s schedule log and his staff. I served myself up to the prosecutor on a silver platter.
Now, months after my criminal prank, I still have not heard from the police or the prosecutor. To my knowledge, no charges have been filed against me and probably none will be. Of course they would love to charge and jail me, but their own long-standing perjury decriminalization policy, an illegal policy that undermines the integrity of the justice system, makes prosecution impossible.
Three times in the last decade I was arrested on the basis of perjured TRO petitions. I spent a total of 35 days in jail, incurred legal expenses and major hassles, and suffered defamation as bad as my recent defamation of the mayor. The taxpayers paid thousands for all this. When the criminal lies were exposed I tried to have the perjurers prosecuted but I was always told that the police, by policy, do not investigate complaints of perjury, and that the prosecutor does not take action unless the police investigate first. Others have told me similar stories and, to my knowledge, the county has never prosecuted a case of perjury. Because of this illegal policy, we are all at the mercy of criminal liars, trials are a farce, and unjust verdicts are very common.
The de facto veto by the county government of the anti-perjury law passed by the state legislature is patently unconstitutional, a violation of separation of powers. The mayor, the police chief and the prosecutor take oaths to uphold and enforce the law. They have no right to pick and choose which laws to enforce. For years I have complained to county officials and council members about the policy and the harm it does to innocent people and to the justice system itself, but I have never received a reply from any of them.
If common people are not protected from the crime of perjury, why should the powerful people responsible for the policy be protected? I defamed and pranked the mayor and others in an attempt to force a showdown on this issue.
The county government must finally do what I have been urging it to do since 2001: admit that its perjury decriminalization policy is unconstitutional as well as harmful to its victims and to the integrity of the system, then initiate serious reforms. These must include: (1) a press release announcing an end to perjury decriminalization and informing people that police officers will investigate complaints of perjury the same as any other serious crime; (2) a memo to all Maui police officers directing them to investigate and file reports on complaints of perjury as they would any other serious crime; (3) change the standard TRO petition forms to emphasize the seriousness of perjury and the right of respondents to a fair investigation should they complain of perjury in the petition.
I resolve to strictly fast (0 calories/day) until the county initiates these reforms. This protest fast started at noon on Monday, October 13, 2014.
This protest is also against the local media (Maui News, et al) all of which stubbornly refuse to investigate the issue or publish my comments on it. If the county government criminals and the MVB don’t want a particular can of worms opened, their media stooges won’t open it. Is this democracy?
Strict fasting by someone my age (70) can cause blindness and coma in as little as 3 weeks and death in as little as 5 weeks. The government criminals have not moved one inch in 12 years of my complaining and protesting in every way I can think of. They will even tolerate my repeatedly defaming them in public demonstrations rather than reform their illegal policy, so I don’t expect them to move now. I expect to die. 

How You Can Help: Buy Barbarians in Paradise/Terror Comes to Maui, a dramatic flash novel about the likely future of Maui if we don’t get real reforms. Available in paperback and e-book. And buy gift copies for friends. Do this and I may be able to get my website back up with a provider less likely to censor it at the insistence of Maui government criminals (which my ex-provider, Wix, did). Then the truth can continue to be told even if I die.                 

 Kurt Butler

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