HAWAII IS A DYSTOPIAN HELL
For people who believe in democracy, free speech and the
rule of law, Hawaii is a dystopian hell. As I will show, even the governor, who
is a medical doctor, will not defend the rights of consumer advocates to
protest the dangerous scams of health fraudsters who sell phony miracle cures
and endanger the public with anti-vaccine lies.
Maui
Mayor’s Health Fraud Festival
In 1994, shortly after I moved to Maui from
Oahu, Linda Lingle, then Mayor of Maui County, conspired with a group of con
artists to defraud thousands of people. They organized an all-day festival of
fraudulent medicine that they called a women’s health conference. It was
apparent from promotional material for the event that it would not feature any
real health professionals like medical doctors, nurses and nutritionists with
real credentials, but only quacks and snake oil peddlers. Lingle had previously
promoted a fraudulent diagnostic system using Kirlian photography. The Maui
News aided and abetted the fraud by publishing a two-page promotional article
that made deceptive and preposterous claims.
I paid the $35 to register for the event and
prepared a flyer to distribute as attendees filed in. Here are some excerpts
and paraphrases of what it said.
Text
of My Flyer
Warning. The Maui County Women’s Conference is
dangerous to your health and your bank account. It promotes the health fraud
industry’s agenda and excludes evidence-based health care.
Mayor Linda Lingle participated with The Maui
New in the promotion of Kirlian photography for the diagnosis of diseases and
nutritional deficiencies. This is an illegal, immoral, worthless, fraudulent
scheme to steal thousands of dollars from gullible victims. I begged her to
retract her endorsement but she refused.
Several of the lectures are presented by people
who lack the credentials they claim to have and fraudulently call themselves
“Dr.” but have no MD or PhD.
One of the presenters, Kathy Johnson, promotes
the wonders of the “healing crystals” that she sells in her shop. She has no
credentials in any health-related field, and her crystals do not emanate energy
or heal anything. It’s a fraud, a money-making scam.
Promotions for the event fraudulently claim
that the featured speakers are “the world’s greatest health and wellness
experts”. They are actually widely ridiculed and reviled by responsible health
care professionals.
One of these “great experts” is Deepak Chopra,
who claims his mind-body medicine can make his clients literally immortal and
claims that he and thousands of other TMers (Transcendental Meditation
practitioners) can levitate and fly. Neither he nor anyone else has
demonstrated this ability to levitate or fly.
Another featured speaker, Michio Kushi, has no
credentials in any health-care profession, but he is the leader the
quasi-religious cult of macrobiotics. His remedies include baked cockroaches
and baked hair. He says the nutritional value of foods are due more to their
shape than to their chemical components. He claims people can live on nothing
but rice because the body can make all other essential nutrients from rice.
Besides being paid to fly to Hawaii and speak at the conference, he has a side
hustle of providing consultations for $800 per hour.
Speaker Jeremy Safron fraudulently claims that
people can live for decades without eating at all, just drinking water.
One of the exhibiters showed off her Q-Systems device, which consists of a headband with several electrodes attached to it and then to a computer. She claims it can detect and diagnose all ailments, including infections, cancers, genetic defects and nutritional deficiencies. She can then reverse the current and cure whatever ailments are detected. There are many other exhibits and speakers promoting dangerous and worthless nonsense and frauds. (End Flyer Text)
I’m
Threatened with Arrest for Asking Questions
I stood at the entrance to the hotel where the
conference was being held and had handed out only about 20 flyers when I
noticed one of the organizers confiscating them all from attendees. She then
crumpled them up, hurried to confront me and threw them at my feet. She ordered
me to leave. I showed her my ticket and said I have a right to be there.
There were so many speakers
that three or four “seminars” were held simultaneously through the day. I could
only sample a few. One speaker was a dishonest or delusional crystal healer,
Kathy Johnson. Mayor Lingle also happened to be in the audience.
When the woman had run out of tall tales about
her crystals healing diseases and making appliances and vehicles run better,
and about an angel who tells her which crystals heal which diseases, she asked
if anyone had any questions. No one else did, so I stood up and politely asked
whether she had any kind of evidence for her claims. She rudely rebuffed me,
saying I could buy the crystals and test them myself.
I politely asked how she knew that the angel
advising her wasn’t a dream or fantasy. At that Lingle hurried out of the
auditorium to tell a security guard to call the police. I was puzzled and soon
learned that she wanted me arrested for “disrupting the conference”. A security
guard told me this when I left the auditorium.
Within minutes I heard sirens. Soon several
police officers arrived. I managed to evade them for a while, but two of them
eventually caught up to me and said I wasn’t allowed to attend any more of the
lectures. I showed them my ticket and said if I were arrested or interfered
with, I would sue them, the county and the mayor. Only then did they leave me
alone.
Lingle later became Governor. During her two
terms she continued to pursue her agenda of making Hawaii a haven for quacks
and promoting health-fraud tourism.
The health fraud festival was my introduction
to a county that has no place for free speech or the rule of law. It would get
much worse.
Hawaii Runs a Protection Racket for Health Fraudsters
Even
the Governor, a Medical Doctor, is Complicit
The owners of the Kahului Alive and Well Health
Emporium, Dennis and Mona Jones, have been defrauding and endangering Maui
residents for at least 20 years. They sell a wide variety of nutritional
supplements and herbal drugs that they claim can cure any and all ailments
including heart disease, Alzheimer’s, cancers, and even HIV/AIDS.
The Joneses also rail against vaccines with
fantastic lies and urge people to never let their kids get vaccinated for
anything. You may as well get injected with the AIDS virus as get any
vaccination. Instead of getting vaccinated you should go to their store and buy
a hundred dollars’ worth of pills every few weeks. They promote their lies and
frauds on their hour-long radio infomercials that run twice each week.
I have tried to get the state health department
to put a stop to their scams but they ignore me. The head of this department,
Dr. Lorrin Pang, is a crackpot conspiracy theorist who gives talks about the
“chemtrails” that the government is using to poison our soil, our bodies and
our minds.
I have occasionally tried to educate people
like I did with Lingle’s health fraud festival described at the beginning of
this essay. I would stand on the sidewalk outside the store holding a sign and
offering flyers warning of the dangers of the frauds.
The Joneses also rail against modern cancer
treatments and say cancer patients should buy their supplements and go to
clinics in Mexico for “natural treatments”. This, they say, is what most
doctors do. They tell made-up stories about how specific people were cured of
cancer and other diseases by their supplements.
One was cured of prostate cancer, another was
cured of advanced esophageal cancer, and two men were cured of HIV/AIDS with
blood tests proving the virus had been eliminated. A boy was cured of autism
and severe seizures in 36 hours. A woman was cured of diabetes in just two
weeks.
A man and a woman were cured of Alzheimer’s
disease, a woman was cured of metastatic breast cancer and another woman was
cured of crippling arthritis in just four days, and another was cured of lupus.
Others have been cured of schizophrenia. One of their products, they say,
dissolves and digests arterial plaque from all parts of the body including the
brain, heart and kidneys. “It works for everyone in all instances,” Dennis
said. Of course, the stories are fabricated from thin air.
Here is a small sample of the hazards of their
pills and potions besides leading people astray and away from real therapies.
Excessive vitamin A can weaken bones and damage
the liver.
Excessive vitamin B6 can cause nerve damage.
Excessive vitamin D can damage the kidneys and
other organs.
Excessive vitamin E can promote various
cancers.
For much more on the dangers of the Jones’
scams, see
As if all this fraud
were enough, Alive and Well owners Dennis and Mona Jones are also SNAP
fraudsters. They illegally accept SNAP EBT payments for the snake oil
supplements. I have reported this
ongoing fraud to the SNAP fraud division a dozen times and never received a
reply. No action has been taken against them.
The question that
naturally occurs is why does the state allow this? The answer is simple. The
state is in on the scam. It aids and abets the frauds because it gets a cut
in the form of excise taxes from the business and income taxes from the store’s
many employees. It’s a protection racket.
Cops
Won’t Arrest My Assailant Because He is Their Friend
Alive
and Well prepares to stage a day-long promotional party on Saturday, March 24,
with music and free samples. To ensure that I wouldn’t spoil their promotion by
displaying a skeptical sign or offering critical flyers, Alive and Well hire a
young (19 years old), very large (310 pounds) and very naïve security guard
named Clinton Myers. They tell him the same lies they had told county employees
and the courts for years – that I had a history of harassing their customers,
blocking their driveway, trespassing and interfering with their business.
I have never done any of these things. I have only demonstrated and offered flyers legally on a public sidewalk, as is my right under the First Amendment.
They also tell him the additional lies that I had been convicted of felony assault for an incident in 2003 and that there was a standing court order forbidding me from demonstrating. It was Myers’ job to enforce the order and keep me out of the area that day. Myers would later tell me and then the police all this.
Shortly before I arrive on the public sidewalk near the store, I take the flyers from my shoulder bag and unroll my sign. But before I could offer the flyers or display the sign Clinton Myers and his partner Jason Keefner come out of the store and approach me in a threatening manner.
Myers
orders me off the sidewalk and out of the area. He says that his friends who
own the store hired him to keep me away for the day. When I refuse to leave, he
viciously assaults and batters me, causing severe injuries, and violently
detains me. During the assault Keefner snatches my flyers and tosses them into
a dumpster in the parking lot.
When police officers Samuel Gasmen and Mary Sagawinit arrive, they witness Myers violently pressing me onto the sidewalk with all of his 320 pounds as I gasp for air and ask for help. Myers did not release me until Officer Sagawinit told him to get off of me. When he does so, instead of arresting Myers the officers greet him warmly and Gasmen shakes his hand, congratulating him for taking down the bad guy Butler. It turns out, they are old family friends.
I urge the officers to question the Joneses about their involvement in the incident. They refuse. I ask Officer Gasmen to fetch my flyers out of the dumpster, which was on Alive and Well property. He refuses. I then ask him to at least look into the dumpster and bear witness that they were there. He refuses. Sagawinit shakes her head no, she won’t do it either.
Minutes later I experience severe pain in my lower rib area and my left shoulder, and I go home. The pain increases over the weekend and Monday I’m diagnosed with four rib fractures and referred to physical therapy for my shoulder. I was later diagnosed with a severely torn rotator cuff. My left arm hung like dead weight and hurt constantly. It would take a 5-hour surgical procedure, 30 physical therapy sessions and 17 months for the shoulder to heal, the pain to end, and nearly full strength and function to return.
The police had witnessed the brutal assault on me by a man twice my size and one third my age. It occurred on a public sidewalk. I could have been killed by suffocation or a broken rib piercing a vital organ. I had no weapon, had committed no crime, and could not have been deemed to pose a risk to Myers, anyone else or anyone’s property. There was no possible justification for the assault, yet the police did not arrest the assailant or even treat him as a suspect. Instead, they treated him like a fellow law enforcement officer while they treated me with rudeness, hostility and belligerence.
Sagawinit’s report quotes Myers as insisting that a court order forbids my demonstration, but when she learned this was not true, she did not follow up and ask him who told him the lie, then investigate the Joneses who thereby manipulated and tricked Myers into harassing and assaulting me. This was a clear violation of HRS 702-222 and 702-223, complicity and responsibility for the crime of another.
The officers quote Myers as saying he “escorted” me (violently carried me fully off the ground in a dangerous full-nelson hold) from the area because I refused to leave. They failed to ask Myers by what authority he ordered me to leave the public sidewalk, and then used violence against me to enforce his order.
About two weeks after the incident, I showed my medical records to the police. They changed the incident report classification from “assault III” to “assault II” and referred the case to the prosecutor. I again asked them to investigate the Joneses for hiring Myers to commit crimes against me, but they refused.
As the months went by with no word of an arrest or grand jury hearing, I occasionally called the prosecutor’s office for an update. I was always told to be patient because the case is moving forward. They were lying to me.
About a year after the incident, I asked for a personal meeting with the prosecutor in charge of the case. I met with Deputy Prosecuting Attorney Gerrie Sheppard and learned that she had not yet read the police reports (a year after the assault!) and knew almost nothing about the case. No grand jury had been convened. Myers still had not been arrested or charged. Then Sheppard questioned me in a hostile manner about my demonstrating, as if I was the criminal.
I said I have the same right to sign-wave as politicians and I deserve the same protection of the law. Sheppard said she did not like my attitude, ordered me out of her office and told me to never come back.
The Prosecutor’s
office never called me in for an interview. I was seriously injured
in an assault witnessed by police officers, but they had no interest in hearing
me out, much less holding the assailants accountable.
Dennis
and Mona Jones not only get away with defrauding people every day, the got away
with conspiring to commit a violent crime against me and committing that crime
through their proxy. This would not happen to a politician or a high-profile
celebrity. As I said, there is no rule of law or equal justice under the law
here.
There can be no doubt that if I had been killed, no charges would have been filed, the Jones and Myers would not have been held accountable. They had essentially been issued a license to murder me.
I sued
the Joneses and their business for my injuries. I had to represent myself
because I did not have $10,000 to retain an attorney. I had a solid case but my
lawsuit was sabotaged and justice obstructed by the county’s Office of
Corporation Counsel. I have no doubt Lutey was bribed to obstruct justice in my
case, and there is no doubt who did the bribing.
This crime is recounted in detail here:
Lutey is a brazen criminal who became Corporation Counsel. The mayor knows she is a criminal, but nominated her anyway. The Council Members know she is a criminal, but rubberstamped her nomination anyway. I was not allowed to testify at the hearing on her nomination. By appointing her, the county has ensured there will be no rule of law here. She later became county Elections Director, the highest-paying position in the county.
She has never denied my
allegations. Why would anyone trust this criminal to run fair elections?
Alive and Well owners
Dennis and Mona Jones are criminal fraudsters as described, but also SNAP
fraudsters. They illegally accept SNAP EBT payments for the snake oil
supplements they fraudulent sell as cures for everything, including HIV,
Alzheimer’s, etc. I have reported this
ongoing fraud to the SNAP fraud division a dozen times and never received a
reply. No action has been taken against them.
The state aids and abets
the fraud because it gets a cut in the form of excise
taxes and income taxes from the store’s many employees. It’s essentially a
protection racket.
My
main grievance and the primary focus of this essay is the corrupt alliance
between the government and the health fraud industry, the protection racket the
government runs to get a share of the fruits of the frauds. However, I must
briefly mention several other incidents that illustrate the government’s
contempt for the rule of law.
I was victimized by several other instances of the police refusing, out of corruption, stupidity or laziness, to refer crimes against me to the prosecutor. For example, during an argument about the rent my drug-addled landlord assaulted me with a flurry of punches to the head and body. I called the police. An officer came to the house, took notes on my complaint, saw my bloodied face and left. The assailant did not deny my account of the incident and had no explanation for his assault and battery. Still, I was never contacted by the prosecutor’s office. There was no prosecution and no explanation.
In another case a career criminal ripped me off for nine days of labor renovating a cottage. When I tried to get her to pay me, she filed a perjured TRO full of outrageous lies. It was granted ex parte. She then tricked the police into arresting me. When they went to talk to her, she pretended to live in a house she did not live in that would have put me within the forbidden 100 feet of her. The stupid police did not even read the address on the TRO. I was arrested and spent 30 days in jail.
When a judge heard the case, he called her a liar and dissolved the TRO. When I was released, I went to the police station and tried to make a complaint against the woman for perjury. The police said they do not investigate complaints of perjury. No, not even when the criminal lies cost me 30 days in jail. The Corporation Counsel and the Chief of Police would later commit perjury by claiming that complaints of perjury are investigated like any other crime. See above link re Moana Lutey.
In another case I was walking to Ace Hardware store in Kula when I noticed two huge rottweilers running loose on a grassy knoll across the street. When they saw me, they started running in my direction. There was no house nearby or a tree to climb. I recognized the dogs as belonging to a neighbor who kept them in cages because, I was told, they are dangerous.
I was
terrified and braced myself to be mauled. Out of sheer luck, a VW bus came
speeding around a bend and ran over the lead dog two seconds from attacking me.
The other one ran off. The injured dog limped after it. The woman driver
stopped and profusely apologized. She thought they were my dogs going for a
walk with me. I explained what really happened and thanked her for saving me
from being killed in the most horrible way imaginable.
I quickly jogged home and called the police. I told them what had happened, where the dogs lived and the name of the vet then caring for the injured dog, who I had located by calling the nearest vets. They refused to investigate further, claiming they couldn’t talk to the vet because the dog had vet-pet confidentiality rights. This is the kind of lawless insanity I have endured for years.
In each of these instances I wrote up detailed chronologies of these crimes and took them to the prosecutor’s office, I was rebuffed and my chronologies returned with the admonition, “All complaints must go through the police.”
How can it be that police officers, who may be corrupted by bribery or by friendship with a criminal or dislike of a crime victim and are often ignorant of the law, are the sole arbiters of whether a criminal case is pursued?
Criminals can endlessly appeal convictions, but their victims’ complaints can be dismissed by one cop who is not an attorney and may be corrupt or too lazy to do the paperwork and go to court. This makes no sense. It is clear that reform is badly needed. Crime victims must be given at least a fraction of the due process given to perpetrators.
We need a process by which crime victims can appeal decisions to not prosecute and to not even do a proper investigation. We all know that criminal defendants have a right to due process. But what about due process for crime victims? When a crime victim is denied justice in this way it is almost impossible for him or her to find representation for a civil lawsuit. Attorneys are reluctant to take such a case without a large retainer if there has not been a conviction. The victim is thereby denied both criminal and civil justice. This is obviously not right.
Police and prosecutors should be required to interview victims of crimes in which there has been significant injury, and to record the interviews. This is nothing more than requiring them to comply with their oath of office. It’s embarrassing for a state to have to enact such a law, but that’s what we have come to.
A related reform would be this: When the police refuse to properly investigate, the crime victim can go straight to the prosecutor with a written account of the crime.
Haunted by the grief crime victims endure at the hands of corrupt and stupid cops, I proposed a crime victims’ reform bill and sent it to a dozen key state legislators. Here are some of the points I made to them.
My Proposal For Crime
Victims Reform
The following proposed bill was drafted by a highly-respected Hawaii attorney. The number assigned would place the law in the appropriate section of the Hawaii Revised Statutes.
……………………………………………………………………….
HRS § 801D-8.
Right to a
charging decision; written reasons; petition for review.
(a) Purpose. In recognition that timely, transparent
charging decisions promote public confidence and the effective participation of
victims and witnesses, this section establishes a limited right for a
complaining witness to obtain a formal charging decision and, if declined, a
confined avenue of judicial review that respects prosecutorial discretion.
(b) Definitions. For purposes of this section:
(1) “Complaining witness” means a natural person who reports conduct
constituting a potential criminal offense and who attests to facts supporting
probable cause.
(2) “Prosecuting authority” means the department of the attorney general or a
county prosecuting attorney, as applicable.
(c) Request for charging decision. Upon written request
by a complaining witness filed with the prosecuting authority and copied to the
court of competent jurisdiction, the prosecuting authority shall, within sixty
days, issue a written charging decision either:
(1) Approving the initiation of criminal proceedings by complaint, information,
or indictment; or
(2) Declining to initiate criminal proceedings.
(d) Written reasons. A declination shall briefly state
the principal reasons, which may include evidentiary insufficiency, legal
insufficiency, resource-allocation, or public-interest considerations. The
statement need not disclose privileged work product, confidential informants,
or information the disclosure of which would materially impair an ongoing
investigation.
(e) Petition for review. Within thirty days after service
of a declination, the complaining witness may file a petition for review in the
circuit court. The court’s review shall be confined to the declination decision
and the specific grounds of error raised by the complaining witness.
(f) Standard and scope.
(1) If the declination rests on legal error (including an erroneous view of the
elements, statute of limitations, or jurisdiction), the court may remand to the
prosecuting authority with instructions to reconsider under the correct law.
(2) If the declination rests on policy or resource-allocation, the court shall
not substitute its judgment for that of the prosecuting authority and shall
deny the petition unless the decision was arbitrary, capricious, or made
without consideration of the facts supplied.
(g) Remedies. The court may (i) affirm the declination;
(ii) remand for reconsideration consistent with the court’s legal ruling; or
(iii) in extraordinary cases of persistent legal error, direct the filing of a
complaint limited to charges supported by probable cause in the record. Nothing
in this section authorizes the court to supervise the conduct of the
prosecution after initiation.
(h) Confidentiality. Records filed under this section
shall be sealed to the extent necessary to protect non-public investigative
materials and the privacy of victims and witnesses, subject to court order.
(i) No private right to prosecute. Nothing in this
section creates a private right to conduct a prosecution, to control litigation
decisions, or to compel the State to proceed to trial.
(j) Relation to other rights. This section supplements,
and does not diminish, the rights in §801D-4 and other applicable law.
Proponent’s Draft Committee Report
Purpose and Intent
The purpose of this bill is to create a limited statutory right for a
complaining witness to obtain a formal charging decision from the prosecuting
authority and, in the event of a declination, to secure confined judicial
review. The intent is to promote transparency, accountability, and public
confidence without intruding upon the prosecutor’s core discretion to allocate
resources and set enforcement priorities.
Constitutionality and Separation of Powers
The bill respects separation of powers by carefully limiting judicial review to
legal errors and arbitrary decision-making, while preserving prosecutorial
discretion over policy and resource judgments. The courts are not empowered to
compel prosecution beyond correcting legal misunderstandings or remanding for
reconsideration. This balance parallels existing doctrines under administrative
and habeas review and ensures that prosecutors remain the primary gatekeepers
of criminal charging.
Relation to the Hawaiʻi Constitution
Article I, Section 14 of the Hawaiʻi Constitution guarantees due process and
open courts. By providing a clear channel for victims and complaining witnesses
to request a charging decision, the bill strengthens those guarantees while
remaining consistent with Article V’s allocation of executive power.
Importantly, nothing in the statute authorizes private prosecution.
Interaction with the Hawaiʻi Rules of Penal Procedure
This statute is designed to supplement, not conflict with, the Hawaiʻi Rules of
Penal Procedure. Charging decisions ordinarily result either in the filing of a
complaint, information, or indictment, or in a declination accompanied by
dismissal. The bill operates upstream of those filings, ensuring that before
limitations periods expire, victims and witnesses may trigger a final decision.
Once charges are filed, or once a declination is entered with leave of court,
the Hawaiʻi Rules continue to govern without alteration.
Comparative Approaches
Other jurisdictions have recognized similar needs for structured review of
prosecutorial decisions. For example, several states provide statutory victims’
rights to confer with prosecutors or to receive notice of charging decisions.
In limited contexts, courts in states such as New Jersey and Arizona have
acknowledged a narrow role for judicial review where a refusal to prosecute
rests on clear legal error. These examples demonstrate that carefully framed
mechanisms can enhance transparency without displacing prosecutorial
discretion, and that Hawaiʻi would not be alone in adopting such a safeguard.
Exclusion of Prior Declinations
This statute also makes clear that the review mechanism does not apply once a
prosecutor has already declined charges with leave of court. At that point,
judicial oversight has already occurred, and further review would duplicate
existing safeguards and risk encroaching on prosecutorial discretion. The
statute is thus confined to the investigatory stage where no charge has yet
been filed or declined.
The proposed statute provides a narrowly tailored remedy: it creates
transparency where none currently exists, protects constitutional rights to
habeas and access to courts, and does so without displacing prosecutorial
judgment. By drawing clear boundaries around timing, scope, and remedies, the
bill strengthens public trust while respecting the constitutional allocation of
powers.
(End of text of proposed bill.)
I sent this proposed bill to a dozen key state legislators as well as the governor, along with the examples I provided herein illustrating that such reform is necessary if “justice for all” is to be more than an empty slogan.
I concluded, “The bill would give victims of serious crimes a modicum of due process rights, a small fraction of the due process criminals are afforded. I am seeking sponsors for this bill, at least one legislator to introduce it into the legislature.”
They all completely ignored me without even a courtesy acknowledgement. By not enacting the commonsense reform I suggest, the legislators are saying that they like the corrupt system by which cops can choose to initiate prosecution or not depending on whether they like the assailant or dislike the victim.
Conclusion
Crime victims should have due process rights as strong as those provided to criminals. My proposed "Crime Victim's Rights Bill" would go a long way to providing this reform. Please contact your legislators and ask them to support it. Email them this whole blog if you want.
Thank your for all the support you can provide.
END
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