Subject: First Legal Victory - Preliminary determination against Save Trad. Marriage
From: WEWoodsMPH <[email-masked]>
Date: Wed, 11 Mar 1998 00:08:09 EST

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