During a relatively low-key proceeding, 21 of the 31 Thirty Meter Telescope protesters facing petty misdemeanor charges after being arrested on Mauna Kea earlier this month made their first appearance in Hilo District Court on Tuesday, with all but one receiving a refund for their $250 bail.
Since the arrests occurred in the Hamakua District, Judge Barbara Takase scheduled the defendants to appear May 7 or later in Hamakua District Court for arraignment. Another nine defendants had already been scheduled to attend the arraignment and didn’t attend the Tuesday hearing.
One Oahu resident who was scheduled to appear in Hilo on Tuesday but didn’t make it also was ordered to attend the May 7 arraignment.
The defendants face charges of either obstruction or second-degree criminal trespass for attempting to block construction workers from reaching the TMT site near the mountain’s summit April 2.
Those who appeared in court Tuesday were told to report there after posting bail the day of the arrests. But since the arrests occurred in another district, the proceedings were mostly a formality.
It wasn’t clear why 22 defendants were initially told to report to Hilo District Court.
Three chose to enter a not-guilty plea in Hilo.
A standing-room-only crowd watched the proceedings from the courtroom’s gallery. Some wore shirts saying “A‘ole TMT” or “Illegally Occupied since 1893” to show support.
Takase said she will preside over the May arraignments, which will take place in Waimea.
A refund of bail was denied for Anastasia Luttrell of Hilo, who said she had no means of getting to the courthouse.
“Can I ride with you?” Luttrell asked after Takase said she would remain the presiding judge.
Oahu attorney Dexter Kaiama represented seven of the defendants Tuesday. He said he plans to argue that the Hawaiian Kingdom still lawfully exists and that the United States doesn’t have jurisdiction over the matter.
Sovereignty has been a main issue for the TMT protesters, who also object to further telescope development on a mountain they consider sacred.
One defendant, who was not represented by an attorney, challenged the court’s jurisdiction.
“I’m objecting to this whole proceeding,” said Iokepa Kekoakaolulokonanuiwakinekoaka, when Takase asked if he objects to the media recording the hearing.
Email Tom Callis at tcallis@hawaiitribune-herald.com.