Something Rotten In Hawaii
My first visit to Hawaii was so incredible that as I walked off the plane I just stopped dead in my tracks and absorbed the place. I’m sure it annoyed those who followed me off more than just a little, but it was my first visit and I was stunned. I had just come from Utah in mid-February. The colors there at that time are gray, white, and black with cold as the norm. Hawaii was warm, verdant green, flowers that were huge everywhere, the smell of life, if life has a smell, was everywhere. For possibly 5 minutes I stood there stock still taking in the life force that was the island of Oahu. I just couldn’t help myself.
And yet, there seems to be something rotten in Hawaii. Men are brutally raping and murdering innocent women there. Should the woman have the audacity to defend herself with a gun she is charged with a felony, or multiple felonies. The victims of domestic violence are then victimized by the men in blue uniforms who are supposed to protect and serve, and the courts. But who are they protecting and who do they serve?
From a blog post I did on H.R. 17 I’ve received numerous calls for help from women who have tried to defend themselves against the men who would brutalize them, only to then be placed under arrest for felony assault. Then other felony charges are added such as Domestic terrorism. Here is part of one comment:
The public and legislators need to be aware how the state of Hawaii (police and district attorneys) is denying law-abiding citizens of their fundamental right to self-defense. We just had another women shot at and stabbed few days ago by a men who loved her (23 murders last year alone, all domestic violence related… 9 shelters running at full capacity on most days…). The shocking part is that prosecutor attorneys are adding charges with a mandatory clause for individuals who dare to use a gun by adding additional felonies for one single traumatizing event. For instance, the police will charge a victim of domestic violence who defended herself with a registered gun, with a felony such as Reckless Endangerment in the First Degree. Then, the police investigator with the assistance of a district attorney will add an additional felony such as Terroristic Threatening (even though the warning shot saved every ones lives and was discharged from her retreating place). But this is another felony and this maneuver helps district attorneys when presenting a case. If the arrested victim is found guilty, she will face mandatory jail time (no probation).Another fact is that police investigators will press charges without providing the arrested victim with a lawyer. So, if the arrested victim is in shock or scared and wants to tell her side of the story in the presence of an attorney… tough luck. This should be against the most basic civil rights of humanity: How police investigators expect victims to speak up freely once they have been traumatized twice: First, by their aggressor and secondly by police who arrested them? Victims are being arrested even when they call the police seeking help themselves.
I would hate to live in Hawaii and be a law-abiding Citizen. Only the criminals get off easy. If you are the victim of domestic violence you don’t stand a chance if you try to defend yourself. Having deeply loved a man who wore the blue uniform, (not sure what color it actually is in Hawaii), I know how much he would have hated to think of his fellow officers were victimizing the victims of domestic violence. Domestic violence is both mental and physical abuse. Kinda makes you wonder what these cops and prosecutors are like in real life huh? Do they hit their wives? Is that why they are so tough on women who try to defend themselves from those supposed to love them?
Hawaii’s Constitution states:
Section 3. Equality of rights under the law shall not be denied or abridged by the State on account of sex. The legislature shall have the power to enforce, by appropriate legislation, the provisions of this section. [L 1972, SB No 1408-72 and election Nov 7, 1972; ren Const Con 1978 and election Nov 7, 1978]
DUE PROCESS AND EQUAL PROTECTION
Section 5. No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person’s civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry. [Ren and am Const Con 1978 and election Nov 7, 1978]
SEARCHES, SEIZURES AND INVASION OF PRIVACY
Section 7. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches, seizures and invasions of privacy shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized or the communications sought to be intercepted. [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978]
RIGHTS OF CITIZENS
Section 8. No citizen shall be disfranchised, or deprived of any of the rights or privileges secured to other citizens, unless by the law of the land. [Ren Const Con 1978 and election Nov 7, 1978]
I am neither lawyer nor versed in the law, but clearly the police in Hawaii have not read their Constitution or they would not be violating it. Fact in point, when I tried to look up the gun laws in the State of Hawaii, I found a terse link pointing me to a bewildering set of statutes with no clearly defined wording such as; “It is illegal to defend yourself when threatened.”
Some of the articles I found about domestic abuse in Hawaii were these:
By Gary T. Kubota
POSTED: 01:30 a.m. HST, Mar 24, 2010
When he went into the bowling area to see what the commotion was about, he saw several women trying to keep a man away from a wounded woman who was seated in a chair.
“I could see wounds on her chest and her blood,” Mirafuentes said.
The woman above was the ex-girlfriend of a truck-stop owner. Apparently he didn’t want to break up and so resorted to stabbing her because he loved her… At least, that’s what they all say when asked why they hurt the woman they love.
I guess this next story didn’t affect anyone in Hawaii enough to allow any concealed carry laws. It was written in 2006.
Hawaii’s Women Fighting Against Violence Will Support Concealed Carry Bill Pending in State Legislature
Hearing on ‘Shall Issue’ Bill Set for Tuesday, Valentine’s Day, at 3 p.m. at the Hawaii State Capitol
By Malia Zimmerman, 2/13/2006 1:22:51 AM
An 18-year-old college student attending the University of Hawaii at Manoa was walking near the school’s campus last Spring at 9 p.m. when five men she did not know snatched her off the sidewalk, dragged her into their car and viciously beat and raped her. The gang initiation-like attack followed a series of rapes in the area, including one of an 85-year-old woman, who was tied up and raped at knifepoint by a bigger, stronger, younger man with prior sex assault convictions.In a recent case on the Big Island, a mother with two young children, pregnant in her third trimester with her third child, was beaten until she was near death by her boyfriend. Doctors delivered the infant, but could not save the young mother who was taken off of life support just hours after delivering the baby, because she was declared brain dead.
Just last week on the West Side of Oahu a 21-year-old woman was murdered by her 39-year-old boyfriend, who beat her to death with a hammer before stabbing himself. Though the couple had what those close to them called a “stormy relationship,” family members say they had no idea the boyfriend was capable of the fatal assault.
These are just four examples of innocent women in Hawaii who were viciously attacked, raped and murdered, by men who overpowered them — women who never had the chance to call 9-1-1 for help — women who could not have been protected by police in time to prevent their attack even if they had the opportunity to pick up the phone, dial 9-1-1, be routed to a police dispatcher, and explain their situation and whereabouts. Unfortunately, Hawaii’s law enforcement say, the cases of violence against women are not rare.
Unfortunately, not rare. I can see the shrug from here. The courts have never cared all that much for what happens to women. I went through this myself in my younger years. When I finally tried to defend myself I was arrested for attempted murder by the very police who refused to help me during the 10 or so times I begged them for help. Lucky for me the judge had empathy for me. He threw the book at the soon to be ex-husband and the cops who so gallantly refused me aide. Sounds like more of the same cloth here in Hawaii. I was deemed my husbands property as far as they were concerned. It was the first time I’d ever SEEN what is meant by the word livid. The judge was on livid my behalf against the police who did nothing and the husband who thought he could beat the crap out of me whenever he felt like it.
As for rape, the victim is first turned into a harlot so that the male had an excuse to rape her. She has to defend herself for being a woman, being female, and therefore an obvious come-on to the male. It’s her fault, isn’t it? She asked for it, didn’t she? The male isn’t required to defend his character. Brother, what the hell are we teaching boys anyway? Certainly not respect for women. Certainly not what NO means. Women are objects to be had as required by the males. Males simply don’t understand that they cannot have what they want just because they want it.
But Hawaii law enforcement hasn’t come out of the dark ages. It is apparent that they do not understand what “due process” is, or what it means. Those that continue this behavior open themselves up to lawsuits by those harmed. Due process means the law decides, not the police, what happens, and what didn’t happen. What confuses me is that the lawyers there, prosecuting attorneys, etc., seem to all be under the same delusion that they can dictate what crimes have been committed.
So I decided to see what Hawaii has to say about Terroristic Threatening. Here is what I found:
§707-715 Terroristic threatening, defined. A person commits the offense of terroristic threatening if the person threatens, by word or conduct, to cause bodily injury to another person or serious damage to property of another or to commit a felony:(1) With the intent to terrorize, or in reckless disregard of the risk of terrorizing, another person; or
(2) With intent to cause, or in reckless disregard of the risk of causing evacuation of a building, place of assembly, or facility of public transportation. [L 1972, c 9, pt of §1; am L 1979, c 184, §1(1); gen ch 1993]
Clearly the police and attorneys are choosing certain words and using them out of context to bring charges against these victims of violence. One doesn’t threaten when fearing for their life, they are defending their OWN LIFE. The threat is also conditional, ie: continue to come at me and I’ll shoot you, go away and I won’t have to. The treat is only made in defense of one’s own life, not to try to take the life of another. Surely there is a smart lawyer out there just itching to take this one on? Give us a reason to like a lawyer!
Right under the definition of Terroristic Threatening is the following statement:
(2) The civil law has come to recognize the validity of psychological trauma; recovery may now be had for the intentional infliction of such injury even though the conduct of the offender had no physical connection with the victim. If such conduct constitutes a recognized substantial danger, it follows that a penal sanction may appropriately be imposed for conduct which intentionally or recklessly creates the danger.
The whole reason this law was enacted was to prevent crimes in public areas where mass reaction, interruption of services, and other consequences of guns being waved in public occur. NOT FOR DOMESTIC VIOLENCE CASES.
We have always seen police as beneficial to us. Should they become the bad guys, with the help of attorney generals on a power high, then law and order turn to chaos, violence and death follow, and the rule of law is gone forever. I’d be interested in hearing from the police on this issue.
~ by justmytruth on March 29, 2010.
Posted in Gun Control, Justice In America
Tags: brutal slayings, Chaos, court cases, crimes of passion, domestic violence, gang rape, gun shots, Hawaii Constitution, Hawaii gun laws, law and order, laws, murder, police, rape, self-defense, stabbings, victims of domestic violence