From: WEWoodsMPH Date: Wed, 11 Mar 1998 00:08:09 EST Subject: First Legal Victory - Preliminary determination against Save Trad. Marriage Aloha Folks, Some good news - justice prevailing! Our investigative effort had its first legal victory today for the very first two complaints filed against "Save Traditional Marriage - 98" and the Australian Consulate General. The State Crime Commission met today to discuss the first two complaints filed against Save Traditional Marriage - 98. They heard my presentation and rebuttal by two representatives of Save Traditional Marriage - 98 and made the toughest decision possible. The Commission has four alternatives in handling a complaint. The worst being to dismiss the complaint and the highest and best to vote the complaint a "preliminary determination based upon cause." The unanimous vote was for the preliminary determination which is the only decision that continues the complaint and provides for further investigation and a formal hearing. Diane Kurtz representing STM98 was shocked by the motion for the preliminary determination and quickly rose to reiterate what she had said earlier that it was just an inadvertent error. During the course of the complaint review I brought up the need to get a statement under oath from the Australian Consulate General and his consul to determine their intent in making the illegal foreign contribution. The Consulate General Colin McDonald had sent a letter to the Commission stating that he would not comply with any subpoenas or legal action because he claimed immunity. However, I produced a letter outlining the type of immunity he has according to our U.S. State Department stating that he would have to comply with any legal action as participation or funding political action in a foreign country is not covered by the immunity. The Commission will send a certified letter to all parties as a statement of fact. If either of us do not concur, we can request the formal hearing. STM98 does not want a hearing to get at their solicitation and reporting activities, so we will surely request the hearing and add new information to show their knowledge and full understanding of what they were doing. The Commission was told by the Commission attorney, Brian Nakamura, that I had earlier in the day filed a new major complaint to declare the Hawaii's Future Today a political action organization and find them and their principals - Debi Hartmann, John Hoag, John Shea, Marc Alexander (a catholic priest) and others in violation of numerous laws in their political action fundraising activities which is prohibited by non-political groups. The confusing presentation the representatives of STM98 clearly demonstrated that their fundraising activities were misleading to the Commissioners, thus likely misleading to those the group identified as contributors. Much more to come. Martin Rice of Kauai will be making a presentation before the Kauai County Council tomorrow to bring the issue of the illegal political contribution by the "County of Kauai" to STM98 (discussed and presented yesterday) and the formal charges/complaints that have already been filed against the County administration. Martin is now armed with the information presented at the Campaign Spending Commission today. Diane Kurtz and another woman representing Save Traditional Marriage told the Campaign Spending Commission (and their ED and legal director - and audience) that all the attendees of the Hawaii's Future Today fundraising effort knew that it was a political action fundraiser because of the letter and there were signs and presentations at the events that made that perfectly clear to all. "Everyone who was there knew why they were there and it was a political action event" according to Diane Kurtz. This statement if true is diametrically opposite of the claim made yesterday by Kauai County Finance Director Wallace Rezentes, Jr. who said he saw and heard nothing at the event to make him believe it was a political action fundraiser. Kurtz statement is completely opposite the Australian Consulate General and his consul as well. Will the truth come out. You bet - if we have anything to say. Keep happy, do good William E. Woods, MPH