Four people charged with kidnapping and assault for their parts in the takeover of the office of the Office of Hawaiian Affairs in January 2017 are now scheduled to stand trial the week of February 19, 2024.

It has been 4-1/2 years since the four were among about a dozen men dressed in red shirts and identifying themselves as federal officers of the Kingdom of Atooi stormed the Office of Hawaiian Affairs Oahu office and violently took control of the area.

Three defendants–Ene Faletogo, Jordan Faletogo, and Rheece Kahawai–are each charged with two counts of kidnapping, a class A felony punishable by up to 20 years in prison, and a single count of second degree assault, a class C felony, with a maximum five year sentence if convicted.

The kidnapping charges stem from restraining OHA employees Davis Price and Kyle-Lee Ladao “with intent to terrorize…and/or interfere with the performance of any governmental or political function….”

Price alleged in a civil lawsuit he had been hit in the face, head, neck, and shoulders, while trying to keep the group from accessing a back-office area, then thrown to the ground, held down by four men, and put in a choke hold. He suffered two broken ribs, as well as scrapes and bruises.

Ene and Jordan Faletogo and Rheece Kahawai could face extended prison terms as “multiple offenders” if convicted of two or more counts in this case, according to the indictment.

Ene Faletogo was previously convicted of five drug-related charges, and was imprisoned for five years after pleading guilty in 2007, and as a result could receive an extended term as a “persistent offender.”

The fourth, Remedio Dabaluz, faces a single charge of terroristic theatening, also a class C felony.

Bench warrants are pending for two other defendants named in the indictment who did not appear in court to answer the charges.

Despite the seriousness of the charges, only Kahawai is represented by an attorney. The others have received court approval to represent themselves, and appear to have doubled down on a sovereignty defense, claiming that as officials of the what they claim in the sovereign Kingdom of Atooi, they are not subject to jurisdiction of the State of Hawaii.

So far, they have not been deterred by the failure of their claims to derail the prosecution. Whether it’s bravado or or a wish for martyrdom, they appear to be on a collision course with inevitable criminal conviction by relying on a defense that is legally dead on arrival.

In a motion to dismiss the charges, filed on April 5, Ene Faletogo claimed the defendants are “certified Federal Marchals of the Polynesian Kingdom of Atooi/Kingdome of Hawaii,” and were on a “Government Operation” conducted “to remove the Trustees of OH and cease and desist all financial activity until a valid forensic audit can be completed, as signs of Illicit Financial Flow exists.”

Ene Faletogo

We are governed by the Hawaiian Kingdom Constitution 1839 / 1840, amended by His Majesty Mana Ali’ Nui Aleka Aipoalani in 2019. His Majesty is the Lineal Heir to the Kamehameha Dynasty (Kamehameha the Great, Kamehameha II, Kamehameha III). His Majesty was appointed and anointed by the Hereditary Chiefs and Families of Polynesia, Oceania, and the United Nations.

We are the Kingdom of Hawaii. The Incorporated State of Hawaii has no jurisdiction over our citizens, officials, and government employees. Investigating the Kingdom or any of our citizens breaks International Treaty Laws. This case must be dismissed due to no Jurisdiction and must be moved up to the Federal Court. This case cannot be Judicated in this Lower Court as this is a Federal Matter.

The same or similar argument has been tried many times before, and has never been successful.

Prosectors said: “A plethora of precedent holds this position to be wholly without merit. Therefore, this Motion must be denied.”

Their memo in opposition then proceeds to quote from a series of prior state and federal court decisions in which courts rejected such a sovereignty defense, both because it raises a political issue that cannot be resolved by the courts, but further because “the legal status of the State of Hawai‘i is firmly established.”

…Hawai?i courts have held that “[w]hatever may be said regarding the lawfulness of the Provisional Government in 1893, the Republic of Hawai‘i in 1894, and the Territory of Hawai‘i in 1898, the State of Hawai‘i . . . is now a lawful government.”

The motion to dismiss was denied after a hearing on July 13, and the trial was reset to begin on February 19.

For more background, see:

“Hawaii Supreme Court rejects sovereignty defense,” iLind.net Feb 3, 2014

“Hawaii Monitor: Some Laughable Royalty Claims,” Civil Beat, Feb 26, 2014

“Another example of the cross-over between Hawaiian sovereignty and right-wing antigovernment groups,” iLind.net, July 8, 2015.

“Critical reporting needed on self-proclaimed sovereigns,” iLind.net, Jan 19, 2019

“Keanu Sai claimed “diplomatic immunity” shielded him from fraud allegations,” iLind.net, May 13, 2019

“Occupation of OHA offices in 2019 finally leads to felony indictments,” iLind.net, Dec 23, 2021

“Two facing felony charges in 2019 takeover of OHA offices likely to raise a sovereignty defense,” iLind.net, Sept 4, 2022

“Defendant in 2019 invasion of OHA office claims state court has no jurisdiction,” iLind.net, Oct 17, 2022