Police Block Public Access

SOURCE: Kimo Rosen (jrsensei@hotmail.com)
SUBHEAD: Kimo Rosen has been harassed by Kauai police for using public trail to cross DLNR
land in Kapaa.

  Image above: Two of three KPD officers that were on hand for warning. All together they were officer Basuel - badge #472, Murita - badge #470, amd Baumung - badge # 428. All photos by Kimo Rosen.  

By Kimo Rosen on 7 July 2010 for Island Breath -

For those of you who follow my blog I have not heard back from the Kauai Police Chief Daryl Perry concerning the local police harassing me, I am therefore going viral and want as many people as humanly possible to know of this abuse. Enough is enough.

There is a new youth center that is being renovated behind Mahelona hospital, it is the old Civic Duty Center. Many of our local police have donated their efforts to renovating this project. Near it runs a trail through public land managed by the Department of Land & Natural Resouces (DLNR).

Image above: Trail alternative to Kawaihau Road near new youth center.

Many people have been using the trail, since Kawaihau Road is a safety hazard to walk or bike on with no appropriate shoulder or sidewalk. In fact the little dirt on the side of the road is massively littered with broken glass. I know one senior citizen male who has been using this trail for 21 years for his shopping needs in Kapa'a.

The whole drama started because Lt. Michael Contrades ordered his volunteers to block the trail-head behind the new KPAL youth center being renovated by local police. This trail has been used by school, avid bikers, joggers, walkers, and anyone wanting to avoid walking Kawaihau Road between Kuhio Highway and Mahelona Hospital. Kawauihau Road in that section has no shoulder and is a suicide walk or bike ride with many blind spots, the little dirt on the side is littered with broken glass.

Image above: Police blockage of DLNR trailhead.

Last week the local police blocked the trail-head which leads to the DLNR property, the police were asked to remove the debris and they did, making the trail accessible again with a "no camping sign," not a no trespassing sign. I had asked Marvin Mikasa at the local Lihue DLNR if this was legal, he said it's not actually a designated trail in the system but he knows many people have been using it for years. After Mr. Mikasa saw my photos of the trail head blockage on 6-21-10, he emailed them to Honolulu.

It was the Honolulu office of DLNR that ordered the police to not block the trail-head and to remove all the debris that was blocking it. A new sign has been put up on the DLNR property. It specifies no camping, but nowhere does it say no trespassing or access across the parcel. Since the DLNR has posted "No Camping" signs, but not no trespass signs, as I understand they don't encourage people to use the trail but know of it's popular usage with the safety hazards of Kawaihau Road.

Image above is the new "No Camping" sign.

It is my feeling that because I contacted the DLNR that Lt. Contrades didn't like that, hence the harassment of ordering three squad cars, 3 officers and 2 video camera's to deliver a warning of no trespass taking close to one hour. Note they can't do anything about the trail itself, but they have posted signs in front of their building that say no trespass, they are cheap ace hardware type signs, I would photograph them but the cops are out working now and if I am seen within 25 yards of the facility I have been threatened with arrest.

The clincher, you need to go through the youth center area to access the trail. You can still access the trail from the bottom of Kawaihau Road, just don't go through to the top. On Friday July 2, 2010 at approximately 9:00 A.M. 3 police officers and three squad cars come to my residence to give me a warning of trespass that I have been seen walking my bike on this trail. I ask why does it take 3 officers and 3 squad cars to deliver a warning to a peaceful senior?

I also ask them to put down their two video camera's and they refused, I therefore get out my video camera and filmed the three officers harassing me. I am embarrassed as all my neighbors peer through their curtains looking at 3 squad cars parked in front of my residence. There's murderer's and drug dealers out there on the first major county furlough where they are short officers and they send 3 of them to harass and bully me for close to one hour.

They wanted me to sign the warning, I refused... Many other people are using this trail, why I am the only one being harassed. Below are videos I shot of the police actions at my home. Does what transpired seem to require three police officers, two squad cars all the equipment and an hour's time on the first county furlough Friday? Couldn't our police force have a higher priority target?

Video above: Part One of KPD vs Rosen. From (http://www.youtube.com/watch?v=H6FFa6JIqDk )

Video above: Part Two of KPD vs Rosen. From(http://www.youtube.com/watch?v=5No4_KlbOQQ)

I am publicly asking KPD for an apology in writing signed by the appropriate command in charge and to make a safe alternative avail to all who have been using this trail. Every day I cannot use that trail is another day I am putting my life at risk by having to resort to use Kawaihau Road and the steep trail. I am asking Kauai Mayor Carvalho to help me. I am being singled out and harassed. I do not know why a senior citizen who has many medical problems is being given such a hard time?

See also:
Ea O Ka Aina: Hands Across the Sand Westside 6/27/10



Anonymous said...

Whose side is Don Wilson on? Also, Kimo, often, in situations like this, 'they' go for the 'weak' first. Kind of like the creeps on the line went after me. Only, this time, with me, they picked the wrong lady. I think many people think I'm the sort who rolls over and bares her throat...not so. In all my years on Kauai, 40 years, I have never met a more hateful, viciously nasty group. They just don't like what I say, what I look like, or, apparently, any other of my human qualities. Too bad. I really don't like them much, either.

Anonymous said...

Kimo, just give it up. Aren't there more important things you can put your efforts to? How about cleaning up some trash along the highway. Why make this such a big issue? Jesus!

Anonymous said...

it's a safety issue by blocking this trail many people are at risk of potential injury. They are not ticketing children or people walking dogs, its harassment and discriminatory that's why. I will not lay die and play dead when this is a most serious issue.

comparing it to picking up trash?
you just don't get it, and btw, I do pick up empty cans and bottles daily.

How would you feel if three cops, 3squad cars and 2 videos come to your house and embarass you, harass you and and threaten you with arrest for something everyone else is getting away with?

Anonymous said...

Anonymous said...
!Waaaaa, waaaaa! ?KPD teaches Kauai
Youths BY EXAMPLE that "Bullying Weaker People is O.K. to 'GET YOUR OWN WAY?'" ?What abt Kapaa Elderly Residents and others who use DLNR Trail as SHORTEST, GENTLE WAY to walk to Kapaa Town for groceries, attend Church, etc? They're not
"TRESPASSING" INTO any KPAL Bldg. Kauai being so small, walkers to townMUST PASS KPAL BLDG...NOT INTO KPAL BLDG! This appears like KPD Lt Michael Contrades with personal concerns for KPAL Project success, believes it's HIS proj, behaving like HE, and HE alone, Owns it! Teach Kauai's Youths bad examples as what to grow up into? Kauai, with shortfall KPD Officers, on Cty's 1st Furlough Friday,WHY SEND 3-OFFICERS, WASTE COUNTY MONEY & TIME TO HARASS AN ELDERLY RESIDENT JUST TRYING TO LIVE HIS OWN LIFE BY WALKING HIS OWN PEACEFUL WAY TO TOWN? Signs, fences, blockages, whatever, WON'T STOP KAUAI's ILLEGAL DRUGs or Dealers one bit! Instead harassing peaceful, law-abiding Citizens of Kauai [KPD put on good show], AT HIS HOME YET, as KPD&KauaiCty financially stretched
ON KAUAI'S 1st FURLOUGH FRIDAY,WHY KPD Lt Michael Contrades make BAD
EXAMPLE FOR OUR YOUTH TO FOLLOW? Perhaps Chief D.Perry needs to discipline Lt.Contrades by good
"Father-to-Son" talk about non-harassment KauaiCitizens,especially

Name With-held for fear of KPD

Anonymous said...

I do wish people would not post anonymously. Have the courage to use your name. Of course you may be berated, slandered, libeled, threatened and intimidated...I know about that... but so what? Consider the source. I really don't think the police will harass you. If you contact me I will find a way to get you ACLU cards, which, if flashed, will usually get you off scot free. No one really wants to do battle with the ACLU. Remember, they are there to protect your civil rights. You have them. Stand up to protect them. Bettejo

Anonymous said...

Bettyjo, I enjoyed talking story with you earlier today. You and I sign our names to our comments, many others are frightened because of the horror stories of police abuse and are afraid if they sign their names they will be targets for every violation that's ever been written.

I personally know who most anonymous commenter's are just by their writing style that fits their personalities,

Whether you sign your name or stay anonymous, Mahalos for all your comments. Kimo Rosen

Anonymous said...

You should contact a civil rights attorney. S/he can ask for an injunction against KPD keeping people off of the trail.

KimoRosen said...

it's getting worse, not only is this an harassment issue, it's become a racism issue also.

my neighbor a local boy was on the trail last night and fell, the cops helped him home, no warning, no ticket? WTF Kimo

Kimo Rosen said...

The latest on this issue as 07-18-10 Please read to stay current... Kimo

There is a knock on my door this morning, I see a man in blue strutting a gun in holster, I think the worst...

Who is it?" Department of Land and natural resources officer."

He hands me a piece of paper, untitled, "Rights of Individuals."

He told me all state land is open to public 24-7, he said there are no pins separating the new KPAL police youth center form state property, and told me it's like walking on the beach. The Hilton can have a beach in front of it's property, the Hilton is private land but the beach although looks like it's the Hilton's beach is the peoples beach.

He also said it is OK to walk on DLNR land, as I suspected they have let people use the trail for years because they know of it's popular usage and is a much safer alternative than Kawaihau or the other trail that is broken payment and runs steep, he also said they will not be putting up no trespass signs as one local lieutenant has stated.

He said I should ask the state for something in writing stating allow me access to cross the state property. The key is finding the boundary, since much state land is not surveyed.

He confirmed it is the lieutenant who has the fight with me since I initiated this whole process sending photos of the deliberate trail blockage ordered by one local lieutenant. It was the Honolulu office that ordered local police to clear the land they blocked, hence the local lieutenant in charge gets mad at a little old sick Jewish guy (me) and orders 3 cops, 3 squad cars, 2 video camera's in my face on the first furlough shorthanded day our conty had to deal with.

He also confirmed that the reason the cops came to harass me was an anonymous call to KPD, he told me I have the legal right to know my accuser, he believes as I did, it was one of the out of uniform cops landscaping that day. He told me to demand who my accuser is, as is our right.

Mr. Milton Ching the DLNR officer was a true gentlemen, I invited him in we talked well over 30 minutes, before I had to excuse to myself to medicate my diabetes. He said he came because everyone has been sending their office complaint's, he was basically here to tell me to stand up for my rights, I told him I have been, nice having it reinforced by a man in uniform wearing a gun.

I will call his boss tomorrow, to see what I can get in writing, in the meantime my rights were highly violated, not only with harassment, but by the cops helping a local man on the same trail home the other night and not arresting or giving him fair warning, that man of course being a relative of the lieutenant in charge.

I am siting on pins and needles since everyday we take the alternate routes it makes life much more stressful and dangerous.

This is not a done deal but looks like the ball is rolling my way... stay tuned. kimo rosen

Anonymous said...

Again, talk to a civil rights lawyer.

KimoRosen said...

I was duped, like the sting, The DLNR comes to my residence and befriends me and today they add a sticker to their no camping sign that says no trespass after telling me 2 days ago i have every civil right to use their trail.

This is all freudian, just a mancho thing, the authorities not wanting to admit their wrong, I cannot fight city hall and DLNR and the cops on my own. I tried. I have medical problems to deal with and don't have time to waste on whose got the biggest cigar.

KimoRosen said...

Please sign my online petition to keep a trail on Kauai open for the safety of it's people.


and check out my blog; http://dakinetalk.blogspot.com/

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