KOA AND BAXTER sat on opposite sides of Maui County prosecutor Iwikua Oliwa’s conference table. Zeke Brown, the Hawai‘i County prosecutor, was participating by phone. A burly man with an easy smile, Iwikua presided from the head of the table. His family, originally from Poland, had come to Hawai‘i to work on irrigation systems for the sugar plantations in the 1800s. He had a reputation as a tough, but fair, prosecutor.
“Okay, gentlemen,” Iwikua began, “Lieutenant Baxter has proposed that this office prosecute three men—Aikue ‘Ōpua, Reggie Hao, and Garvie Jenkins—for trespassing on Kaho‘olawe. The charge is a misdemeanor, which carries a maximum one-year jail sentence.”
“It’s a straightforward case based on solid evidence,” Baxter added helpfully.
“However,” Iwikua said, ignoring the interruption, “we have a rather unusual proffer from Bernie Ponabi, Reggie Hao’s attorney. In exchange for immunity, he would testify that although he and the others trespassed on Kaho‘olawe and used some sophisticated equipment to locate valuable Hawaiian artifacts, he committed this violation to secure archaeological treasures for posterity. He would also testify—and this is the interesting part—that when he learned that Garvie Jenkins planned to sell artifacts for profit, he tried to stop Jenkins. Jenkins pulled a knife. Hao ran for his life, but Jenkins chased him into a target area, where a dud exploded, injuring Hao. Other evidence would further suggest that ‘Ōpua assisted in the rescue of Hao, but that Jenkins fled.” All of them realized how this version of events changed the stakes.
“If this proffer of testimony were corroborated, Jenkins could be prosecuted for attempted looting and assault in addition to trespass. Those are serious crimes, felonies, for which we would need Hao’s testimony.”
“Yeah, but the proffered testimony is bullshit. Hao’s lawyer,” Baxter’s inflection showed his disdain for lawyers, “says that Hao remembers what happened out there. He didn’t remember shit when I interviewed him. His lawyer says they used sophisticated equipment. We didn’t find no sophisticated equipment. Did it disappear in thin air? His lawyer says they found a cave. We ain’t seen no cave. He says they found priceless treasures. We found a bunch of fishhooks and junk in a backpack. It’s all just fuckin’ bullshit.”
“You think Hao fabricated this story?” Iwikua asked, allowing him his say.
“Damn straight, he fabricated it. Must think we’re a bunch of idiots. Let’s just nail the three of them for trespassing.”
Iwikua held up his hand. “Whoa. It may not be so easy to convict ‘Ōpua. Do you know his history?”
“You mean, like he’s a big fuckin’ native Hawaiian activist?”
“‘Ōpua was one of the Kaho‘olawe Nine, one of the nine Hawaiian men who occupied Kaho‘olawe in 1976 while the Navy was still bombing. A historic event—Hawai‘i’s version of the sit-ins during the civil rights marches. Many Hawaiians regard ‘Ōpua as a hero. And besides, he apparently saved Hao’s life.”
“He broke the fucking law by going out there without a permit. An’ Hao got hurt ’cause he was trespassing. You can’t let ‘Ōpua off because he did the same thing thirty-plus years ago. He’s a goddamn recidivist!”
Once again Iwikua held up a hand. “Detective Kāne, you haven’t said a word. What is your take on this?”
Koa spoke slowly in a controlled voice, deliberately distinguishing his tone from Baxter’s over-the-top bravado. “First, there are two investigations, not just one. We’re investigating a murder and an archaeological looting on the Big Island. Evidence found there suggests that looters located the Pōhakuloa cave using seismic testing. When I first heard that a similar technique might have been used on Kaho‘olawe, I thought there might be a connection. I secured Admiral Cunningham’s help to search the Pu‘u Moiwi site.” Baxter’s head shot up, but Koa pretended not to notice. “What we found plainly proves that my hunch was right. There is a clear connection between the looting on Kaho‘olawe and at Pōhakuloa, and that looting may well be related to the murder. Let me explain.
“There is an obsidian mine near Pu‘u Moiwi. The trespassers used seismic and ground penetration radar to locate it. We found their equipment, a portable ground penetration radar machine, in the mine. Although we have to do some more checking, I believe the equipment came from the Big Island and was used near our Pōhakuloa murder site. We also found valuable obsidian artifacts in a black backpack that matched Hao’s description of Garvie’s backpack. So there is plenty of corroboration for Hao’s story.”
“You sorry son of a bitch.” Baxter mouthed the words so that only Koa heard them.
“Well, gentlemen,” Iwikua began, “that does change the picture.”
“Yes, and there’s more.” Zeke Brown’s rich baritone voice boomed from the speakerphone. “As you know, Jenkins has a criminal record. We convicted him of selling forged maps to wealthy tourists. Based on his criminal record, evidence of seismic testing on Mauna Kea and Kaho‘olawe, the looting at Pōhakuloa, and the Kaho‘olawe trespassing, we got a search warrant for his home, telephone records, and bank accounts.”
“What did you find?” Brown had captured Iwikua’s undivided attention.
“Some interesting stuff.” The voice from the speakerphone blasted so loudly that Iwikua turned the volume down. “We found a black backpack with wrapping materials similar to those found in the cave on Kaho‘olawe. And most significantly, we found unexplained cash deposits to Jenkins’s bank account. We’re talking more than a quarter million dollars. We’re in the process of tracking the deposits, but I’m guessing that many, maybe even most of them, came from sales of the looted items. Jenkins could even be our murderer.”
Iwikua whistled softly. “We just entered major crimes territory. Jenkins might give us a window into the archaeological black market.”
“That’s exactly what I think,” the telephone voice shouted. “There is another possible link as well. We didn’t find any expenditure for the ground penetration radar device. The machine that Detective Kāne found in the obsidian cave runs at least twenty grand. If Garvie didn’t buy it, then he had an accomplice.”
“With all this evidence, we don’t need Hao’s testimony.” Baxter glared at Koa as he spoke. “We can take Hao down on the trespassing rap and still go after Jenkins on the more serious charges.”
Iwikua held up his hand. “I don’t think so. True, we have a lot of evidence against Jenkins, but Jenkins has hired a top-flight lawyer. Wheeler may be an arrogant bastard, but he’s the best trial lawyer in the islands. We need a live witness to lay things out for the jury. And with his attempt to stop Jenkins and his injury, a jury will sympathize with Hao.”
“You need him more than you think.” They turned to listen to Koa. “According to Hao’s proffer, they used the machine to find the cave, but set it aside when they began digging. When the dispute erupted, Jenkins chased Hao until the dud exploded. The machine should have been on open ground beside the shaft they dug.” Koa tied the ends together with a logical conclusion.
“When we got out there, we found the machine and a backpack containing the artifacts hidden inside the carefully concealed cave. Garvie hid the machine and sealed the cave while Hao was unconscious.”
“Hmmm,” Iwikua thought for a moment. “Are you suggesting that the assault, the chase, the injury, the hiding, and Garvie’s flight might add up to an attempted murder charge?”
“Yes, and you need Hao’s testimony to make that case. You might also offer ‘Ōpua immunity for his testimony. He can tell you what happened while Hao was unconscious.”
“Shit,” Baxter interrupted in an angry tone, “you just want to spring your friend Reggie Hao out of a trespass rap. You haven’t owned up that Hook Hao’s your buddy.”
“Enough,” roared the speakerphone, “I will not have you impugning Detective Kāne’s integrity!”
Iwikua’s hand shot up. “Gentlemen, gentlemen. Please.” When he’d given tempers a few moments to cool, he went on. “On the one hand, we’ve got trespassing, which is a minor offense and one that is hard to prosecute against native activists. On the other hand, we’ve got serious criminal offenses—looting of antiquities, assault with intent to do bodily harm, and perhaps even attempted murder by a known felon. Moreover, by focusing on Jenkins, we’ll be helping the Hawai‘i County police, who’ve helped us in the past. Following up on Jenkins may even lead to the murderer.” By now everyone knew which way he was going to decide.
“This office needs to focus on serious crimes and known criminals. This office will work out an immunity deal with Hao’s attorney. After we interview him, we will revisit the question of ‘Ōpua. We’ll get our stones lined up, and then we’ll see whether Wheeler wants to fight or play nice. That’s my decision, gentlemen.”
Koa resisted the temptation to smile as Baxter stormed out. Instead he focused on the next step, and it involved Jenkins. Given the similarities, Jenkins had to be in on the Pōhakuloa looting, and that meant he might be the killer, or at least might provide a break in the Pōhakuloa murder case.