Honolulu Star-Bulletin du lieu suivant : Honolulu, Hawaii • 3

.11. Kona beach slaying trial gets intense when attorneys spar with words. A-5 State readies for investigation of bovine tuberculosis on Molokai. A-9 mm rc a Wednesday Afternoo July 16,1997 Page A -iV licit pi I f' NEWSWATCH AAA East-West Center's fate in hands of conferees Somewhere between the actions of the U.S. House and Senate lies the fate of the East-West Center.

For the 1998 fiscal year, the House has cut funding to zero while the Senate is poised to approve $22 million. The Senate Appropriations Committee approved $22 million as part of the fiscal 1998 Commerce, Justice, State and Judiciary Appropriations bill. The bill now goes to the Senate and then faces a joint House-Senate conference. "It (Senate version) certainly is a big boost," said Kenji Sumida, East-West Center president. "One would never expect the Senate to approve such a high figure because the (original) authorization in the Senate was $10 million, so most of us here are saying it's somewhat of a miracle that Sen.

Inouye pulled off." Sumida said officials were hoping to stop the decline in the budget. The budget of $10 million this year is less than half in years in the early 1990s. If House and Senate conferees split the difference, the center would end up with $11 million, an increase of $1 million, Sumida said. Attorney Lance DuBos disbarred by court Hawaii's Supreme Court disbarred attorney Lance A. DuBos from practicing law in Hawaii effective Aug.

14. An announcement said his disbarment resulted from professional misconduct in a client matter and failure to cooperate with an investigation by the Office of Disciplinary Counsel, also that he: Failed to communicate with clients and made false statements to them regarding developments in their case. Ultimately abandoned his clients' legal matter resulting in dismissal of their lawsuit. DuBos, 35, now believed to reside in Singapore, gained admission to the Hawaii bar Oct. 23, 1987.

Reported by Star-Bulletin staff By Ken Sakamoto, star-Bulletin Gary Rodrigues, state director of the United Public Workers, was to be sworn in today as a Judicial Selection Commission member. The powerful, politically active Rodrigues has been a lightning rod for controversy. UPW director Rodrigues liob takes on controversia Land Use panel secrecy charged by Molokai Ranch A lawyer questions actions by the body involving a hearing By Ian Y. Lind Star-Bulletin The state Land Use Commission thought a new public hearing on Molokai Ranch's plans for luxury vacation camps would resolve allegations that the Sunshine Law was broken during earlier proceedings. Instead, the hearings, scheduled to resume tomorrow, have again raised charges of secret decision-making.

Kenneth R. Kupchak, an attorney representing the ranch, said the hearing was announced although the commission ruled against the camps and officially closed its proceedings May 7 and has not had another public meeting to reconsider that action. "It's one of the strangest things I've ever seen," Kupchak said. "We're sitting here in the dark trying to get our hands on what has happened." The commission's executive officer exceeded her legal authority by scheduling new hearings without a vote by the commission, and by failing to meet a tight one-day deadline for reconsidering any action, according to a position statement filed on behalf of the ranch. Not so, says Deputy Attorney General Jon Itomura.

Under state law, a board or commission could be required to redo any official action if a court determined that it had violated the Sunshine Law, Itomura said. "So the commission itself is redoing the hearing to bring that into compliance with the Sunshine Law in an attempt to address the allegations, which are purely allegations," he said. "They didn't need to do this. I think that's taking an extra step." Itomura said the commission's executive has the authority under the rules to schedule meetings after consulting with the chairman. "I don't think they can complain that it wasn't held in the open, or that people didn't have an opportunity to participate," Itomura said.

"No one can dispute there was this four- or five-hour meeting, where over 20 people gave testimony and counsel for both sides had the opportunity to present their arguments." Alan Murakami, staff attorney with the Native Hawaiian Legal representing Pono, a group of Molokai citizens who have challenged the ranch's plans, angrily dismissed the charges as part of a big money effort to overwhelm his clients. Attorneys have been arguing the fate of the so-called Great Molokai Ranch Trail project before the commission, and in a complex series of court actions. The ranch says its project should be able to proceed immediately because building permits were issued by Maui County, while opponents say the ranch has used the county process to evade public disclosure and review required by the state law. Kupchak made the initial allegations of Sunshine Law violations during the May 7 hearing on Molokai, where the commission heard hours of testimony and legal argument. In court documents, the ranch says six commission members met during lunch and secretly agreed to vote that overnight camping is not a permitted on marginal agricultural lands under state law.

The vote taken later that day reflected the secret agreement, the ranch claims. The commission action potentially overturns building permits already issued by Maui County and forces the ranch to apply for a special use permit before being allowed to proceed with the development. Itomura said the allegations may have stemmed from people who overheard "bits and pieces" of conversation and mistakenly drew conclusions. 3 WHAT EVER HAPPENED TO. An update on past news AAA Missing hiker case from '66 still open QUESTION: What ever happened to Michael Cannon, the 18-year-old Kahala resident who disappeared while hiking Tantalus on Christmas Day 1966? An SWER: The fate of Cannon remains a mystery.

Although there have been no re cent developments, the case remains open, said missing persons specialist Joe Self of the Honolulu Police Department. The disappearance of Cannon, part heir to a $5.5 million estate, prompted one of the most expen sive and extensive missing person searches in state history. Cannon mother, Elsa, funded a search that lasted for months and employed national and international help. Efforts to find her missing son included importing specially trained search dogs from Canada and professional mountaineers from California. She also solicited the help of map-reading mystics and psychics from as far as Ireland and the Netherlands.

As director of the Windward Volunteer Rescue, Richard Davis dedicated some 600 hours searching for the missing hiker. "I almost lost my job because of the search," said Davis, who was working as an administrator at Fort Shaf ter. "It was quite an experience." Davis said his discovery of a T-shirt belonging to Cannon months after the search began may be the only clue left by the missing hiker. By Neal Iwamoto, Star-Bulletin Ever wonder what happened to a person, ei'ent or issue that has been in the news? We'll find out for you if you call the City Desk at 525-8640 or write us at P.O. Box 3080, Honolulu 96802.

What ever happened to runs Wednesdays. He and three others join the commission that selects nominees for state judgeships By Mary Adamski Star-Bulletin FOUR people will be installed as members of the Judicial Selection Commission today, but there is no question that public attention will focus on Gary Rodrigues, state director of the United Public Workers. Critics have challenged the appointment as the last straw in power wielded by the leader of the blue-collar union. Rodrigues has gained high visibility in the past year in political struggles over "privatizing" government services and setting a constitutional convention. The nine-member commission selects nominees from which the governor appoints judges, and has authority to reappoint judges.

"Someone has a wild imagination that I would determine judges, one vote out of nine, it's outrageous," said Rodrigues in a recent interview. He said he did not seek the appointment, which was actually made in early 1996 but held up because of changes made in the way appointments are made. "It came as a complete surprise" when state Senate President Norman Mizugu-chi proposed his nomination. "He said he thought labor should be represented. There was nobody there since Tommy Trask (former ILWU director whose commission term ended in 1993).

"Why shouldn't we (a public employee union representative) be on the commission? Working people make up a large proportion of the community. We're voters, we pay taxes," Rodrigues said. He said those who criticize organized labor's role in the political scene are saying "we can only cook the dinner but we cannot sit down to eat. That is a real 'master' type attitude." Rodrigues, 55, has been elected UPW state director since 1981. He was elected president of the Hawaii State AFL-CIO in 1985.

This is not his first political appointment. Gov. John Waihee named him to the Research Corporation of the University of Hawaii for two terms. Gov. George Ariyoshi appointed him to the Compensation Review Commission for public officials and employees.

The UH Board of Regents picked him for a 1992 advisory committee in the search for a university president. He chairs the Hawaii Health Council created to plan health care initiatives following the government and business Vision 2000 planning conference. He has served on numerous boards and committees concerning conditions and benefits for the workforce. Also being sworn in are Max Sword, Outrigger Enterprises Inc. director of industry affairs; Wayne Matsuo, former head of the state Office of Youth Services, and Honolulu lawyer James Kawashi-ma.

THE focus on Rodrigues comes, in part, because of a challenge by a group of Republican lawmakers who say the appointment violates the state Constitution mandate that "no member shall take an active part in political management or in political campaigns." They called on Rodrigues to resign from activities as lobbyist and political action committee leader for the union. The state Ethics Commission said their challenge was outside its jurisdiction. The state attorney general did not respond with a legal opinion, and Mizugu-chi ignored their demand to withdraw his nomination. It isn't an issue for the Judicial Selection Commission at this point either, said attorney David Fairbanks, acting chairman. "If there is a question of whether he is participating in a political campaign or managing a political campaign, then that is something we might look at.

"But until he is seated on the commission and there is some evidence he is violating a rule, we would not." Fairbanks said Judicial Selection Commission members frequently step aside from participating when they have a personal or professional connection with a candidate for nomination or reappointment. Desmond Byrne, state chairman of Common CauseHawaii, said: "Selecting judges is just one more lever of power here. We don't like to see it concentrated in too few people. Anybody as litigious as the UPW we don't want to see people with a- lot of matters before the courts selecting judges." Byrne said: "There's enough cynicism already that power is too concentrated in Hawaii. If someone heads one institution, we don't want to see him influencing another institution." THE perception that Rodrigues already has clout in the judicial branch of government as well as the executive and legislative branches was heightened because of a couple of recent Hawaii Supreme Court decisions.

First, there was the UPW challenge to a Hawaii County contract for a privately run landfill, the kind of jobs usually held by county refuse workers. After the high court upheld the union position, the battleground moved to the Legislature, which wrestled with but didn't succeed in defining limits of privatization. Then it was back into the courts again as three neighbor island mayors canceled numerous contracts. Also there is the federal judge's decision last week mandating a new election on the question of whether a Constitutional Convention shall be called. The furor was kicked off by Rodrigues, as head of the State Federation of Labor, AFL-CIO, and other Con Con opponents.

The Supreme Court upheld their view, ruling that the 45,335 blank and spoiled ballots had to be counted, thus negating the "yes" vote majority. Con Con backers took the matter to federal court. He also has been visible in the issue of drug-testing for Honolulu city truck drivers, most of whom are UPW members. Of course, we're very unhappy. But there's nothing we can do.

WsiSSi Dell Brooks Hula's manager Magoon Estate tells Hula's, others to move out said Hula's manager Dell Brooks. "But there's nothing we can do." Charlie Yoon, who sells candles and knickknacks in the Old Waikiki Marketplace on the same piece of property, said he's at loose ends. "I don't know what we'll do now," he said. "Everyone likes it here but business hasn't been too good. It's been slow.

We'd like to stay here, though." Several businesses have already pulled out Hernando's Hideaway, a Mexican cantina tucked behind an empty building well off Kuhio Avenue, suffered when the restaurant in front closed recently, said day manager John Fillebrown. "It's not good for us," he said. "That's what people see from Kuhio, and the window is dark and they think it's just another run-down Fillebrown said Hernando's management is scouting possible locations. "We're open for business and doing what we can," he said. "But this hasn't made it much easier." Mac McKimmy, who owns Ocean Works dive shop next door, is philosophical about the change.

"Life goes on," he mused. "Because we're hidden back here, I was going to raise heck when the city made us take our signs off the sidewalk, but since I got notice a couple months ago, I thought, 'Forget it, I'll just He said he plans to relocate to a space on Sand Island Road. The Magoon Estate property including the parcel subsequently sold to Food Pantry was put on the block in 1995 for $75 million. "It's the end of an era under a banyan tree," Law said. bought the oot plot Diamond Head of Hula's and the Old Waikiki Marketplace from the Magoon Estate for $13 million with the intention of building a superette there in the future.

The half-dozen businesses there have not been given deadlines to move out, said Food Pantry spokesman Buzz Wo. "We're sort of in a wait-and-see mode," he said. "There is no urgency. We thought it was a nice piece of property in an area that our other store in Waikiki doesn't service as well as it could." Hula's owner Jack Law said Magoon sent notices to tenants a couple of months ago setting November as the deadline to vacate the premises. But Law said he's hoping he'll have until sometime next year to wrap up operations and find a new location.

"Of course, we're very unhappy," The estate is selling the land under several Waikiki businesses By Jim Witty Star-Bulletin Hula's Bar Lei Stand a Waikiki landmark with its trademark banyan tree overarching part of the restaurant is looking for new digs. The 23-year-old gay bar at Kuhio Avenue and Kalaimoku Street and several adjacent businesses have been notified by the Magoon Estate that their leases will expire in November and won't be renewed. Magoon is selling the parcel. Representatives of Magoon Estate declined comment. Early this year, Food Pantry Ltd.

4 4.