LIHU‘E — A motion to dismiss David Denson’s simple-trespassing charge was denied by District Court Judge Walton D.Y. Hong Thursday, and it appears Denson will go to trial. Denson, along with three others, was arrested trying to go to the
LIHU‘E — A motion to dismiss David Denson’s simple-trespassing charge was denied by District Court Judge Walton D.Y. Hong Thursday, and it appears Denson will go to trial.
Denson, along with three others, was arrested trying to go to the beach at Papa‘a Bay along a disputed access route Dec. 28, 2003. One, Liko Martin, pleaded guilty to criminal trespass in February, and two women, Ka‘iulani Edens-Huff and Evelyn DeBuhr, have yet to receive summonses from prosecutors.
Denson, represented by attorney Daniel Hempey, planned to introduce witnesses to prove “outrageous government conduct” and denial of due process in front of Hong.
Hong refused to hear testimony, saying that the factual information the defense was trying to present would be better introduced at trial.
An oral motion to dismiss, based on a conflict of interest, was also denied.
Hempey said before court that with the recent lawsuit filed against the county, the prosecutor’s office suffered a conflict of interest.
He said he believed that because the prosecutors were paid by the county, and the county has a stake in the outcome of the criminal case, the prosecutors should be recused and the case dismissed.
A suit over access, filed on behalf of Hollywood movie mogul Peter Guber, owner of Tara Ranch, the site of the disputed access, and against the County of Kaua‘i, was filed in federal court in late July.
Tom Finnegan, staff writer, may be reached at 245-3681 (ext. 252) or tfinnegan@pulitzer.net.
