Fear and Mayhem in Hawaii Part III

Fear and Mayhem in -Hawaii Part III –

The Drama Continues.

06-02-2017 Judge ‘clerk tells Detective  that there were no Court documents generated based on his Affidavit request for a Grand Jury.   Detective suspects the worst.

EMAILS     HI COURT RULES   EMAIL TO SEABRIGHT    
FED CLERK THREATENS TO DISTROY   FED JUDICIAL CODE OF CONDUCT
LETTER TO DEPT OF JUSTICE    FOI REJECTION
LIAN ABERNATHY ALSO US ATTORNEY? 
LIAN ABERNATHY ALSO DEPT OF JUSTICE?
FREEDOM OF INFORMATION REJECTION

 

The money bucket is dangerously low.

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This is part 3 of an ongoing effort to activate a Federal Grand Jury Investigation into multiple Criminal Violations of Federal Law occurring over the last decade in Hawaii.

VIDEO TEXT

Good morning.  I’m Jim Benish and this is Part III of a series of discourses about injustice going on in Hawaii.  Unfortunately for me  I find myself muddling my way around and through significant stacks of paperwork that the detective inside of me has written, collected , assembled, and placed in piles neatly placed in chronological order and in distance from my reach according to importance. It’s all as if I was still working as a police detective.  Why.  Because it’s the way its done.

I am not going to present the actual documents referred to in this video. If your interested you can view them, including the emails at Codeforeblog.com title “Fear and Mayhem in Hawaii Part III”

Lacy Woolsey Ruff

The murder cases of two little girls, one in Colorado and one in Hawaii have seduced me and become entangled within my life.  I have written one book about the first murder, Tracey Neef and begun another about the second  case, the murder of 4 yr old Lacey Ruff in Kauai.  But no matter how much I write in the expectation that the last word of the last page would end it all for me it just becomes more intense. There’s more information, and victims reach out in a desperate attempt to accept their own quests for an end to it all.

But its not just about the termination of feelings human beings suffer when they have lost someone they love, or lost their worldly possessions to the corrupt. They have as I have the feeling of loss of something much more important.  Even more important than our dignity, or the respect of others, or our loved ones.

We feelt the loss of  our country, our freedom and our human rights. Without these things we are nothing but third world multicultural slaves.

The first two parts of this were put together in an impersonal, and unprofessional I might add, attempt at a journalistic documentation. I am not a public speaker nor do I want to become one.  But I owe you all, the people who actually looked at the first two videos, an apology.  I don’t know what I was thinking. I used another journalists Television documentaries  on the first video, and on the second in an effort to escape public scrutiny or embarrassment, or just plain sacrificing my privacy I actually reduced myself to using Microsoft “Talk” to produce a talking video.   God help me.

I will loath transforming this from written words to a video of myself that can be watched by anyone with a computer, or a cell phone and an internet connection. But this is exactly why I woke at 2 am this ,morning.  The stakes are high enough that I must not hide.  Im an old man. Im retired and I personally do not enjoy much more than rebuilding the carburetor on my truck or going fishing or writing a novel.

In reality, and to those of you who sit back and do nothing but criticize, well you are the real problem.  Its you, yes you, who have caused me to do this nasty nasty thing. I will now become a male version of a Piers Morgan who tells the truth.

I’m going to be a little redundant and give you a short recap of how this all began for me. This story began simple. At least simple to me. I thought I would assemble a homicide case information, present it to the police, wipe the ink off my fingers and return to life. This is how it was done back in the 90’s and this is how its done today, no?

I became incidentally  involved in the murder of 4 year old Lacey Ruff in 1993 when I was working on the murder of 7 yr old Tracey Neef in Colorado.  The connection was two brothers, Aaron and Todd Schonlau

who lived down the street from where Tracy Neef lived and as it turned out, Aaron Schonlau had been arrested in Kauai for the murder of 4 Lacey Ruff.  Of course I was interested in these two young men.  It only took me a couple of days to snag up Todd Schonlau

Todd Schonlau

who had returned from Kaui to Colorado without his brother Aaron.  Aaron had been arrested for the murder in Kauai.  I couldn’t make a culpable connection between the brothers and the Neef murder but after I interviewed Todd Schonlau I just had the feeling that something wasn’t right. Here was a guy who began by telling me how much he loved his brother Aaron and how bad he felt about the murder and then throws his brother under the bus while at the same time promoting his own moral fortitude in doing so. But the Kauai case was not my case and not my concern.  Just the same I picked up the phone and called the Kauai Police department  and told them what Todd had related to me about the Ruff murder. They were not interested.  I should have learned a lesson from that conversation but back then I had no reason to believe that I would even remotely become entangled in the Kauai mess.

Years went by, I was minding my own business. I relocated to San Diego and was living peacefully on a beautiful sailboat  when in 2011 or 2012 I was contacted by two women who lived in Oregon. They had read the first book I wrote about the Colorado Neef murder. They read about the Schonlau brothers and one of them had some sort of personal interest in Todd Schonlau who was living with her.  This is when the Kauai abyss began to raise its ugly head. Tiffany Kaneko claimed that Todd had told her that he was present when Lacey was murdered and in fact it was he that placed her body in the ocean.  They had both been drinking when Todd made this confession and when Tiffany Kaneko heard what Todd had said she became enraged and physically assaulted him.  The police were called and they took intoxicated Kaneko to jail. The cop who transported her was writing down Tiffany’s rants about what Todd had told here while he was driving.  Now its all in the police files in Oregon.

I interviewed both the women by phone.  Then I began to read my old 1993 notes. I had more questions. I called people in Colorado who knew of the Schonlau brothers and it didn’t take me very long to realize that maybe Kauai had either arrested the wrong man for the Ruff murder or didn’t arrest Todd who probably had something to do with the murder also.

Again I made a call to the Kauai Police department. It was now 2012 and I talked to the same guy I had spoken with in 1993.  And again they were not interested. When I asked if I could review their file, he told me that if I wanted to know about the murder to call the local news paper.

That attitude was difficult for me to stomach.  I had a little internet blog going and wrote an article about this situation.  That’s when I began to get communication from people who lived in Hawaii. Seems the Kauai PD’s attitude about police work was not news to them. They were all complaining about the corruption but all this had nothing to do with the Ruff murder.  But the complaints and information just kept rolling in on the Blog site.

Eventually I had obtained the Police files on the Ruff Case. It was not easy to get any information from the Police Department. The files were heavily redacted, pages were missing and to pour salt on my wound, the KPD Records clerk told me that she had given me everyting I had asked for.  I finally had to telephone Nick Courson the Kauai Attorney and made a complaint.  He was able to get me the Ruff autopsy  and the evidence logs. I don’t think he realized how valuable these documents would turn out to be. Neither did I.  The autopsy report indicated that little Lacey Ruff died from salt water drowning.  This substantiated what Todd Shonlau had told to Tiffany.

I had interviewed more people in Colorado about the Schonalu brothers and had even gotten possession of the Ruff Kauai Court files.

The real eye opener for me was when I began to speak with witnesses who were there during the Ruff murder investigation, and speaking with Lacey Ruffs relatives. These people told me that they had never been interviewed by the police. One woman, who was an eye witness hung up the phone on me. Ill never forget Mary Glass’s words before I heard the terminal click.

She said, “What I have to say is irrelevant.”   Irrelevant? She’s an eye witness and she thinks her information is irrelevant? I wonder why she would say such a thing?  This woman actually saw the suspect carrying Lacey Ruffs body into the ocean.  There’s a lot more to say about the Schonalu brothers and the murders of Tracey Neef and Lacey Ruff but lets fast forward to 2015.

I had compiled all of the documents and interviews I could get  and posted another blog about what I had discovered, the resistance I had encountered from the Kauai Government, and in particular the Police Department. I interviewed and become friends with Lacey’s father Timmy Woolsey,

and contacted other relatives.  One day I received a telephone call from a man who said his name was John Burgess.  Burgess told me that he was a “cold case” investigator for the Kauai Prosecutors office and he had been assigned to “look into” the Ruff case.  I had a good chat with him and sent him all the information I had, including telephone conversations. I later learned that his partner or assistant was the same KPD Cop that I had spoken to before on the phone who told me that the  police were not interested in looking into the case.  Odd   Soon after I received a telephone call from Timmy Woolsey.  He told me that he had been contacted by Burgess and also that Burgess made him feel threatened should he continue to speak with me. He said Burgess had belittled me and said things like “he doesn’t know what he’s talking about etc;”

After reading the Kauai District Court documents it became clear to me why the Kauai PD didn’t want this case opened.  The Prosecutor Justin Kollar had been interviewed by Hawaii Channel 2 News and was asked why he would not re-open the Ruff case. His answer was that Tiffany Kaneko had recanted her allegations and Todd Schonlau didn’t want to speak with investigators.

Kauai Prosecuging Atty. Justin Kollar

After reading the District court files I was astounded.  The KPD had filed a case against Aaron Schonlau that didn’t include statements from witnesses and certain evidence that pointed toward Todd Schonalu not Aaron.  These items were in the police reports given to me by the KPD records department but were not in the Courts case files.  The KPD had apparently intentionally kept this information from the Court knowing by including  that information they did not have a case against Aaron.  And even under those circumstances I was still surprised that the court took the case agains Aaron because there was no physical evidence that he committed the crime. The only evidence was Aaron’s brother Todd’s statements that Aaron had admitted the crime and Aaron’s own confession.  I had interviewed Aaron in 2012 and Aaron said many things that were incriminating but didn’t know certain details about the crime that only his brother Todd knew.  Aaron was a diagnosed schizophrenic and took medication to keep him in this world and out of another. He had been out of his medication on the day Ruff was murdered and said he confessed to the crime to save himself a sentence of life in prison without parole.   Doesn’t matter. The Judge is not supposed to allow these kinds of things to happen.  And last but not least, it was Todd who in 1993 told the police where the Ruff body was placed in the ocean.  The police report only refers to this person as Schonlau. The Court would naturally assume it was Aaron Schonlau.

For me now, this murder case has taken a new form, a new body a new issue that is bigger than either of the murders of the little girls.

Based on the  information that I have just spoken to you about, the information that I have personal and intimate knowledge of, and based on the 5 or 6 other Kauai Citizens  who claim corruption and collusion within the Hawaiian government I must come to the conclusion that there is in fact enough to warrant a full blown investigation.  But by whom?

Theres an indication of involvement by numerous Hawaii police and prosecutors offices, and even in the courts. I have written to the FBI and the US Attorney’s office and have not even received the courtesy of a notification of receipt of my complaints.

In my mind, the only answer is a Federal Grand Jury.  Certainly the Federal Courts cannot be corrupt.

But Im just a citizen, can I ask the courts for a Grand Jury?  I was skeptical.  I had already sent letters to the US Attorney and FBI and received no acknowledgement. I did some research and here is what I learned. It didn’t seem that I should go back to them and ask again for an investigation.

First.  The Supreme court rules say ,in support of the US Constitution,  that a Judge must convene a grand jury when in the best interest of the public. It doesn’t say the request  must come from a government agency.

And second:  Despite the fact that I have been ridiculed by attorneys  for even thinking  that I could do such a thing there are many court decisions that support the notion that a citizen can ask a Federal judge to convene a jury, or the notion that a citizen can    communicate directly with a grand jury under certain circumstances.

For instance In as recently as 2004 In Hott v. Yarbrough, Before appellate  Judges SKILLMAN, COBURN and WELLS.

Larry S. Loigman, the  appellant, argued the cause pro se. against  Deputy Attorney General, H. John Witman III, argued the cause for respondents, the Attorney General and the twenty-one county prosecutors (Peter C. Harvey, Attorney General, attorney;  Mr. Witman, of counsel and on the question can a letter from a private citizen alleging violations of criminal law be processed and delivered to a Grand Jury? They are even questioning whether it can be processed.?

The opinion of the court was delivered :   The court held that a letter from a private citizen to the grand jury, alleging the commission of crimes and seeking investigation, was absolutely privileged and could not provide the basis for a libel suit.

Specifically the court said:

“The questions presented by this appeal are whether a citizen of New Jersey is entitled to directly communicate to a county grand jury a request to testify about a matter within its jurisdiction and  whether the grand jury has a right to receive such communications.   Our answer to both questions is yes.”

My question is this. If these Prosecuting attorneys are elected to represent “The people” why are they even objecting?

In December 2015 I submitted an affidavit request for a Grand Jury investigation to Federal Judge Michael Seabright District of Hawaii.  I assumed that the Grand Jury had been assigned to investigate the allegations and that the appropriate agencies would be assigned to assist the Grand Jury. These agencies would  be the US Attorney District of Hawaii, the FBI office in Hawaii and possibly the Internal Revenue Service.  They would be assisting the Grand Jury and therefore would be in a position of accountability. I assumed that my job had been completed and had no further communication with Seabright’s court.  I was wrong.  My allegations wree many but primarily Murder and violations of the RICOL Act.  There wee over 60 listed defendants . On December 29th I received a letter from the court stating that they had rejected the affidavit and if I didn’t arrange to retrieve them, the document would be destroyed.

Although there is articulation of the details in these  Hawaii Corruption allegations an additional question is, what protects US Citizens from the confiscation of life, liberty or property in the United States?  And what guarantees a US Citizens right to protect his property from corrupt lawyers and Judges. The answer is two fold.  The Fifth and Fourteenth Amendments to the Constitution. In particular the 14th amendment referred to as the “Due Process” Amendment.

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. “

Who enforces this amendment?  The Justice Department.  What happens when the Justice Department will not perform?  The participation of a US Federal Grand Jury or a Citizens Petition to the appropriate agency.. Judges are required by law to bring forth a Grand Jury when asked to do so.  There are many court opinions that have to do with the 14th Amendment and or Grand Juries but these opinions do not change the Amendments nor do they change the meaning.

In June of 2016 there had been no indication that an investigation had actually taken  place in response to my Grand Jury Affidavit. The Victims in the case had constant communication with Me during this time and none of them had been approached or interviewed by either the FBI or members of the US Attorney’s office. I admit that I was beginning to have doubts as to the credibility of Judge Seabright’s court or was it possible that  the FBI or the Hawaii US Attorney were trying to squash the investigation?

On 6-21-2016 I  sent an email to Lian Abernathy,  Judge Seabrights clerk.  I wanted some verification that the paperwork, my affidavit had been properly processed.  I knew that any documents that came into the possession of the court must be logged in and properly processed.  I also knew that these records not only must be logged in, they must be entered into the electronic PACER case management system.  This is an internet accessible filing system of all court records and this system was mandated and signed off on by Judge Seabright himself.  I have a PACER account and I could not locate any documents that referenced myname in the system.  I  reasoned that such a record of documents might not apply to Grand Jury documents however there was no such exclusion in the Hawaii Rules of Procedure.

Several emails were sent between me and Clerk Lian Abernathy.  Based  on the emails from Lian Abernathy I became aware that there were no court documents generated as a result of the my affidavit and no court instructions from the Court  to the Grand Jury as required by the Rules of Practice for the United States District Court for the District of Hawaii.  It was my belief that there could only be one reason why Seabrights court did not log in the my Affidavit and did not generate proper transmittal documents to the Grand Jury, or the FBI, or the US Attorney’s office.  It appears that the only proof that the affidavit document exists is theone that I have.

In April, 2017 I was contacted by Mrs. Bobe Doran. Mrs. Doran had been referred to meby one of the original victims listed on the Affidavit.

Paul Sulla

Mrs. Doran was elderly and handicapped and related that she was on the verge of losing her multiple properties to a local Hawaii Attorney Paul Sulla. She told me that her husband was deceased and since his death Sulla had been relentless at filing fraudulent claims in Kauai courts in an effort to assume ownership of the properties himself.

I was very familiar with Mr. Sulla as Sulla had been listed as one of the major defendants to multiple allegations of violations of the Federal Rico Act.  Mrs. Doran’s story was all to familiar to me.  Mr. Sulla had been accused of numerous fraudulent seizures of private property using his abilities as an attorney, and recruiting assistance from fellow attorneys and Judges and even title companies  to assist in his efforts.  Mrs. Doran told me that she could not get an attorney in Kauai to help her keep her property.  She told me that the attorneys she had contacted would not go into court against Paul Sulla and his judges. She said that Sulla had even filed a forged US Tax return signed by her deceased husband after his death.

After listening  to Mrs. Doran I told her that I would contact Seabright’s Court and find out how to add her to the list of victims.

A series of emails transpired between me and Lian Abernathy. She referred me to the US Attorney.

While I was communicating  with Abernathy, I received a phone message  from FBI Agent Jessica Schwalb.  I was surprised and on April 7th, 2017 several emails also transpired between me and the  Agent.  Agent Schwalb had made contact as a result of a letter I had sent to the FBI DC office months prior requesting to add a victim to the case.  This request was made on the FBI web page.

Agent Schwalb asked me about the case. She said that she could not find a record of the case.  I provided her via email a summary to include my suspicion that nothing had been done.  I said I wasn’t even sure the Grand Jury had been provided the Affidavit. Several emails later Schwalb told me that there had been information provided to the FBI and that she was going to check into it.  I requested a copy of any documents provided to the FBI that referred the case to them.  I have not hear from Schwalb again.

 

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