
Richard Kinney, 57, was among more than a dozen people arrested for refusing to leave Makua Beach when the state cleared the area with heavy equipment June 18. More than 300 people had lived there before the state posted eviction notices in March.
Many of those arrested attended yesterday's proceedings in Waianae District Court, along with about 30 supporters. They cheered during portions of the two-hour trial and waved signs supporting their cause along Farrington Highway.
Kinney's attorney, Dana Ishibashi, argued the state had no right to arrest his client because Kinney is a native Hawaiian and the beach area was illegally seized by the federal government after the overthrow of the Hawaiian monarchy in 1893.
It's made them even more determined to stop the Department of Hawaiian Home Lands from evicting anyone else.
"It was a nightmare," said Smith's youngest daughter, Bunnie Chang, who recalls smelling her father's burning flesh as Hawaiian Homes officials told her she still had to get his possessions off the lot by the end of the day.
"I really don't think anybody should have to go through what we went through," said Smith's daughter Mona Mae Rojas.
Special investigator Donald Wong, who observed the eviction for the attorney general's office, said in his report that Smith appeared calm and was assisting the move. Wong said he saw no indication that Smith "would take the actions that he finally did."
Earlier this week, the Kauai Circuit grand jury indicted Machado on three charges of fourth-degree sexual assault and one count of tampering with evidence for allegedly destroying photographs, according to court officials.
The alleged assaults occurred in the watch sergeant's office of the Lihue police station on Sept. 16, 1995.
Machado is among five officers - four patrolmen and a sergeant - involved in a scandal that rocked the Kauai Police Department.

He was held on $100,000 bail.
Biscoe, of 1546B McGaha Lane, was stopped by police two hours before the beating for a traffic violation. He was driving a red car similar to one witnesses said fled the Wahiawa parking lot where the beating occurred.
Thomas Hall, 33, died in Queen's Hospital a week ago of head injuries due to blunt trauma, according to an autopsy.
Rovielynn Cabalo, 16, of Waikoloa, was driving mauka in a two-door sedan when her car crossed the center line and hit an oncoming trash truck, police said. The accident closed Waikoloa Road above Waikoloa village until 1:30 p.m.
Cabalo was pronounced dead at Hilo Hospital at 3:22 p.m. Dumpster driver Fred Cabanting, 57, of Hilo, was treated at North Hawaii Community Hospital and released.
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