Hawaiian Group Leader Arrested Over ArtifactsJudge Wants Location Of Buried ItemsPOSTED: 11:26 am HST December 27,
2005 HONOLULU -- A federal judge on Tuesday found four members of a Hawaiian group in contempt and jailed its leader for refusing to say where they buried Native Hawaiian artifacts borrowed from Bishop Museum.Edward Halealoha Ayau, executive director of Hui Malama I Na Kupuna O Hawaii Nei, was taken into federal custody. Three other group members were also found in contempt but not jailed.Judge David Ezra had previously ordered the group to return the artifacts that were borrowed from the Bishop Museum. The group said it reburied the items in a cave at Kawaihae on the Big Island.Ezra ordered the items removed because of fears they would deteriorate. But, Hui Malama told the appeals court that the cave could collapse if its concrete seal was broken."To suggest that this court is unthinking of the Native Hawaiian religion, or uncaring about it, is simply untrue," Ezra said. "(Kevin Chang and I) have great sensitivity to Native Hawaiians. That's what makes this case so difficult and personally painful for Judge Chang and I.Ezra appointed federal magistrate Chang as a special court master to help moderate the situation."A difficult and painful part of this case is that it's Native Hawaiians versus Native Hawaiians."Ezra asked each of the four leaders if they were prepared to reveal to the court, even in private, where the artifacts were and who was involved in taking them.The leaders, including Ayau, said no. "Absolutely not. To do so will violated the kupuna (ancestors)," he said.Ezra said he would place Ayau in custody until he complied with the order; others complied or the items were returned to the Bishop Museum.Ayau said he "would be honored" to go to prison.Ezra told Ayau that "what you have done today is not pono (good)." That remark solicited murmurs and comments from Hui Malama members in the courtroom. At that point a number of people stood up to leave.Ezra ordered the people to sit until the end of the proceedings. The people refused and Ezra ordered law enforcement officers to clear the room. It took about five minutes for the 20 officers to clear the court. There were another dozen Honolulu Police Department officers outside the courtroom.Some people yelled at Ezra while they were leaving. Some yelled, "Shame on your family."One man began chanting in the room. Ezra ordered officers to take the man into custody at the federal detention center for five days.After the room was cleared, Ezra addressed Ayau. He said, "I want to do it in a sacred way, but one way or the other, these objects will come back to the Bishop Museum.""There is nothing sacred about taking from the dead," Ayau told Ezra.Ayau removed his necklace and watch and went into custody.A number of Native Hawaiian activists were critical of Tuesday's court proceedings."It's my understanding of American law that grave robbing is illegal. And (Ezra) better hide his bones well, because if this goes through today, it means that his bones can be disturbed. We'll go and look at what his bones look like after he's dead," said Lilikala Kameelehiwa."But they can do this to Hawaiians and then make them criminals? Send that boy to jail? That's what it is. It's racism. It still exists in Hawaii," Frenchy DeSoto said.There are 13 other groups claiming ownership of the objects. Two of the groups sued Hui Malama for the objects' return. Previous Stories:
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