State probes alleged
desecration of
Hawaiian bones

The state Attorney General's Office yesterday confirmed that it has started a civil investigation into the alleged desecration of human skeletal remains unearthed during the construction of the Wal-Mart complex on Keeaumoku Street that opened in October.

State officials are investigating whether the alleged desecration came at the hands of archaeologists, paid by Wal-Mart, who were hired to sort through a pile of bones discovered in January 2003, to separate them into about 44 to 50 sets of individuals, which 77 formally recognized claimants say are their native Hawaiian ancestors.

One of those archaeologists, Rona Ikehara of International Archaeological Research Institute Inc., called the allegations "absurd."

"The remains were treated by laboratory personnel with utmost respect at all times," Ikehara said in a statement.

Deputy Attorney General Jay Paige, who is heading the investigation, said that last month, when state officials climbed into a Matson container parked near the store to take possession of the bones so that they could be reinterred to honor native Hawaiian ancestors, they allegedly found skulls and bones glued back together. Paige said some skulls even had markings from permanent-ink pens.

In a statement, the Department of Land and Natural Resources said the state assumed custody of the remains on Feb. 16 and "identified what appeared to be widespread desecration and injury to many of the skeletal remains."

Paige said that under state laws protecting such burial remains, a person studying or handling the bones, particularly for any invasive procedures, must ask permission from the DNLR'S Historic Preservation Division. Paige said the two archaeologists "may have done gluing and physical examination beyond what they had been given permission or authorization to do."

Wal-Mart issued a statement saying that it has cooperated with the state in the reburial of the ancestral bones and will cooperate in any investigation of alleged violations.

"We have worked closely with lineal and cultural descendants, as well as the Oahu Island Burial Council," Wal-Mart spokeswoman Cynthia Lin said. "We will continue to cooperate with all involved parties until the iwi (bones) are reburied."

Ikehara added that "lineal descendants, as recognized by the Oahu Burial Council, were often present in the laboratory and were consistently appreciative of our work to inventory and re-associate the remains of their ancestors, none of which they regarded as desecration or disrespectful."

Several people close to the dispute expressed bewilderment at the investigation, saying that descendants and others, including state officials, had daily access to the trailer for months and would have noticed problems earlier.

The Star-Bulletin yesterday obtained several letters between archaeologists Ikehara and Aki Sinoto and the historic preservation staff in which they asked permission to reglue skull fragments so that they could analyze the ethnicity of the deceased. In several cases, they were granted permission.

Paige said the investigation will focus on whether they overstepped the bounds of the state's permission.

The ethnicity of the bones has been an underlying issue in the controversy. Some native Hawaiian families have shown the state historic documents as proof they lived in the area and buried their dead there.

But there are also other historic accounts.

For example, in the mid-1800s a hospital operated near the Wal-Mart site. During a smallpox epidemic, bodies were buried in mass graves on the land to physically contain the disease.

"The whole purpose of the investigation is to determine what was done and if something wrong was done to take appropriate action," Paige said.

As a civil investigation, any investigative findings would come before the land board.

Under Hawaii law, there are fines of up to $10,000 for each separate offense of knowing desecration of a burial site or its contents. Paige said an archaeologist could be banned from practicing in the state.

Paulette Kaleikini, one of the claimants, said, "I believe more gluing was done than was authorized, and they even marked the iwi with indelible pen."

She added: "I believe the kupunas are bringing the violations to light so that we can go after these guys and prosecute them for what they have done. And if the state does not follow through, then the laws mean nothing, especially to native Hawaiians."