Transcript of Hearing On Application For A Restraining Order Against Tom Berg

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PERMISSION TO COPY DENIED, HRS 606.13, ETC.
1 IN THE DISTRICT COURT OF THE FIRST CIRCUIT
2 STATE OF HAWAII
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)
4 IKAIKANUIAUMI AKEKELA and ) CASE 1DSS-22-0000399
WAHINEKEKUANA K.K. OKAWEKIU )
5 MOKIAO, )
)
6 Petitioners, )
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7 vs. )
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8 TOM BERG, )
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9 Defendant. )
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10 )
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TRANSCRIPT OF ELECTRONICALLY RECORDED PROCEEDINGS
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had before the HONORABLE ANN S. ISOBE, Judge
13 Presiding, on Thursday, May 5, 2022; TRO Hearing.
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15
APPEARANCES:
16
IKAIKANUIAUMI AKEKELA Petitioners Pro Se
17 WAHINEKEKUANA K.K. OKAWEKIU
18 FREDERICK J. ARENSMEYER, ESQ. For Respondent
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24 TRANSCRIBED BY:
25 MILANI BALLESTEROS
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1 INDEX
3 WAHINEKEKUANA OKAWEKIU
4 Cross-Examination By Mr. Arensmeyer 13
6 IKAIKANUIAUMI AKEKELA
7 Cross-Examination By Mr. Arensmeyer 44
9 TOM BERG
10 Direct Examination By Mr. Arensmeyer 56
11 Cross-Examination By Ms. Okawekiu 83
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1 THURSDAY, MAY 5, 2022
2 --ooOoo--
3 THE CLERK: Calling Case No. 2,
4 Ikaikanuiaumi Akekela and Wahinekekuana K.K. Okawekiu
5 versus Tom Berg.
6 THE COURT: Good morning. Let's start
7 with -- good morning. So can we have the Petitioners
8 state their name for the record?
9 MS. OKAWEKIU: I am a Hawaiian national. I
10 am Wahinekekuana Okawekiu, and I am here by special
11 divine appearance.
12 THE COURT: All right. I see that you're
13 physically here in this courtroom, so I --
14 And, sir, what is your name?
15 MR. AKEKELA: Aloha. I'm Ikaikanuiaumi
16 Akekela. I'm a repatriate Hawaiian national. I'm
17 also here on -- by special divine appearance.
18 THE COURT: All right. The Court will note
19 that for the record.
20 And, sir?
21 MR. ARENSMEYER: Good morning, Your Honor.
22 Fred Arensmeyer appearing on behalf of the
23 Respondent, Tom Berg, who is present.
24 THE COURT: All right. And so,
25 Mr. Arensmeyer, I take it that your client has

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1 received the petition that was filed by the
2 Petitioners. That's noted in the record on April
3 25th, 2022.
4 MR. ARENSMEYER: He has.
5 THE COURT: All right. Is there any reason
6 that Mr. Berg has to have continued contact with the
7 Petitioners?
8 MR. ARENSMEYER: The problem is my client is
9 the manager of the parcel of property where the
10 Petitioners are squatting.
11 MS. OKAWEKIU: I object. That is incorrect.
12 THE COURT: Please, madam, don't interrupt
13 counsel.
14 MR. ARENSMEYER: They -- they have no -- no
15 right to be on the property. They've been squatting
16 there for about six months. So he has no need to
17 have any direct specific contact with them, but they
18 have no right to be on the property.
19 THE COURT: All right. So the Court is
20 asking whether or not he would be willing to enter
21 into a stay-away for up to three years without any
22 findings -- allegations, and Mr. Berg is saying
23 negative.
24 MR. ARENSMEYER: That's correct.
25 THE COURT: Okay. Given that there is an

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1 issue regarding the ownership of the property, the
2 Court is going to -- are you prepared to go to trial
3 today?
4 MR. ARENSMEYER: Yes.
5 MS. OKAWEKIU: Yes.
6 THE COURT: All right. So we'll pass this
7 matter and call the next case. We'll pass this
8 matter.
9 (Recess taken.)
10 THE CLERK: Recalling Case No. 2,
11 Ikaikanuiamui -- aumi, excuse me, Akekela and
12 Wahinekekuana K.K. Okawekiu.
13 THE COURT: All right. Can we swear the
14 parties in, please?
15 THE CLERK: Everybody raise your hand.
16 Do you solemnly swear or affirm that the
17 testimony you're about to give will be the truth, the
18 whole truth, and nothing but the truth?
19 MR. BERG: Yes.
20 MS. OKAWEKIU: I swear.
21 MR. AKEKELA: I swear.
22 THE CLERK: Have a seat.
23 THE COURT: All right. And... so I'm going
24 to -- who is going to be testifying first in the
25 case?
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1 MS. OKAWEKIU: That would be I, I. Can
2 everybody hear me okay?
3 THE COURT: Yeah. So you're going to be
4 testifying first and then Mr. Ikaikanuiaumi?
6 THE COURT: All right. And... all right.
7 I'll have you testify.
8 Would it be easier for cross-examination
9 purposes if the witness were in the box,
10 Mr. Arensmeyer?
11 MR. ARENSMEYER: Your Honor, I have -- I
12 have no preference. Whatever the Court desires.
13 THE COURT: All right. I can hear the
14 testimony from the parties being seated as they are.
15 All right. Go forward, madam.
16 MS. OKAWEKIU: Mahalo. So I have submitted
17 an affidavit on behalf of the true incidences between
18 me and State of Hawaii citizen Mr. Thomas Berg. We
19 believe we need the courts to interject for the
20 safety of myself and my family, as there is a civil
21 dispute between Mr. Berg and I. Mr. Berg's volatile
22 actions have gone too far, and I believe he won't
23 stop. We are re-- that is why we are requesting for
24 this restraining order, for the safety of myself and
25 my family, as I do have children.

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1 THE COURT: Your petition is brought in your
2 name alone, but you're seeking to have your children,
3 who live with you, protected?
4 MS. OKAWEKIU: I'm -- I'm sorry, could you
5 repeat that? I could not hear.
6 THE COURT: So you're bringing it on behalf
7 of yourself and your -- your children?
9 THE COURT: And what is -- sir, what is your
10 relationship?
11 MS. OKAWEKIU: Is it necessary?
12 THE COURT: So Mr. -- to Ms. --
13 MS. OKAWEKIU: Oh -- oh, the property?
14 MR. AKEKELA: Huh?
15 THE COURT: -- Okawekiu? What is your
16 relationship to her?
17 MR. AKEKELA: My wife.
18 THE COURT: Oh, okay.
19 Now, the Court is not going to simply read
20 the affidavit. I'd like you to testify as to the
21 allegations that you contend.
22 MS. OKAWEKIU: I'm sorry, could you repeat
23 that? I -- I'm sorry, it's a little --
24 THE COURT: You need to testify as to those
25 facts giving rise to your assertion that --

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1 MS. OKAWEKIU: Right.
2 THE COURT: -- of harassment has occurred.
3 MS. OKAWEKIU: Okay. So is my
4 electronically filed affidavit not on file --
5 THE COURT: I've read it --
6 MS. OKAWEKIU: -- am I hearing that correct?
7 THE COURT: -- madam, but in order to assess
8 your credibility, the Court needs to hear from you
9 under oath regarding your allegations.
10 MR. AKEKELA: We don't understand.
11 MS. OKAWEKIU: Yeah, I don't understand. So
12 my affidavit is invalid because I have not testified?
13 THE COURT: I'm not saying it's invalid,
14 madam, but we are in a court of law, and the Court's
15 charge is to assess your credibility, and I need to
16 hear your testimony, your live testimony --
17 MS. OKAWEKIU: Okay.
18 THE COURT: -- establishing why you believe
19 that harassment has occurred and why a three-year
20 injunctive relief order is necessary to protect
21 against further incidents of harassment.
22 MR. AKEKELA: Is this going to take three
23 years? 'Cause we already have been going to court in
24 another one, and I think three years would be
25 enough --
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1 MS. OKAWEKIU: I just (inaudible) affidavit
2 was.
3 MR. AKEKELA: -- and it's probably going to
4 take a lot of time for us to go to --
5 THE COURT: I know that you're asking for
6 three years, sir, but this is your case and you have
7 the burden of --
8 MS. OKAWEKIU: I -- I -- I sorry. Can --
9 THE COURT: You have a burden of proof --
10 MS. OKAWEKIU: I do understand that. I'm
11 sorry.
12 THE COURT: You have a burden of proof here
13 going forward --
14 MS. OKAWEKIU: I'm just trying to confirm
15 what exactly --
16 THE COURT: -- to establish by clear and
17 convincing evidence that harassment did, in fact,
18 occur.
19 MS. OKAWEKIU: Thank you, Judge. So I'm
20 going to reference the affidavit in which I have
21 electronically filed.
22 Starting at the beginning. So the first
23 time that I've met this man next to us named
24 Mr. Thomas Berg, he was trespassing onto my private
25 property unbeknownst to me. From there, it escalated

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1 immediately. He got confrontational, he was yelling
2 in front of my children, making wild accusations,
3 being very volatile, and from there it has only
4 increased. I have already been assaulted. Other
5 members within my family have been assaulted.
6 He has been told by police to stay away from
7 our property until this dispute is finished, and he
8 blatantly disregards what HPD instructs him to do,
9 which is why I believe the injunction is necessary.
10 Besides that, Mr. Berg now has, per my... is
11 that a good picture? That's a good picture. Per the
12 TRO that I am a part of, Mr. Berg has brought a
13 firearm to these encounters that we have. And I
14 don't know if everyone got to see the picture
15 submitted as the exhibit for this restraining order,
16 but I believe that if he's already assaulted me and
17 other people, if he's already disregarded what HPD
18 has said, then this man, who clearly in this picture
19 is holding a firearm, will probably dispatch it in
20 his own --
21 MR. AKEKELA: We're afraid of our lives.
22 MS. OKAWEKIU: -- his own understanding of
23 what he believes he thinks is... I don't know. I
24 don't know what he thinks. I -- actually, I don't
25 know what he thinks.

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1 MR. AKEKELA: I am scared and afraid for
2 my -- mine and my family's life. I don't know what
3 this guy else he can do.
4 MR. ARENSMEYER: Your Honor, objection --
5 MR. AKEKELA: It's only escalating.
6 MR. ARENSMEYER: -- I -- I thought we were
7 hearing from one witness at a time.
8 MR. AKEKELA: I'm sorry, this is --
9 THE COURT: Yes.
10 MR. AKEKELA: -- together.
11 THE COURT: Yes.
12 MR. AKEKELA: Sorry. I'm so sorry, ma'am.
13 MS. OKAWEKIU: Thank you. As you can tell,
14 I'm -- I am getting a little -- you know, it is hard.
15 I have children. I have children that's still 1,
16 like under 1, and this man walks around my property
17 with a gun.
18 Our property and his property, they are not
19 the same properties as Mr. Arensmeyer has already
20 disclosed with us. They are not. There is a
21 complete distinct separation between the two. And
22 the fact that this golf course manager walked all the
23 way from his golf course office with a firearm, all
24 the way to my property, to drop off a box, not even
25 the prop-- I don't know even know what that was, and
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1 he didn't even properly do that.
2 I -- I -- I fear for my life and the safety
3 of my children, and I believe that actions need to be
4 taken.
5 THE COURT: All right. Anything further
6 before -- as far as the allegations?
7 MS. OKAWEKIU: Yes. Sorry, give me a
8 second.
9 So I would just like to state for the record
10 that I can -- I can, in my own knowledge, accumulate
11 about 12 incidences where Mr. Berg has came to my
12 property and violated laws, statutes, privacy,
13 humanitarian laws, and I can also affirm that he has
14 also sent people to do the same job on behalf of him
15 per the affidavit that I electronically filed.
16 If there is any questions pertaining to
17 evidence of these situations, I would gladly be of
18 help to that.
19 THE COURT: All right.
20 MS. OKAWEKIU: That is all.
21 THE COURT: At this point, I'm going to
22 ask -- I'm going to allow cross-examination.
23 MR. ARENSMEYER: Okay. Thank you.
24 . . . .
25 . . . .
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1 WAHINEKEKUANA OKAWEKIU,
2 called as a witness by the Petitioners, having been
3 first duly sworn, was examined and testified as
4 follows:
5 CROSS-EXAMINATION
6 BY MR. ARENSMEYER:
7 Q. You allege that this happened on your
8 private property. Where's the property located?
9 A. Where is the property located? Where is
10 it --
11 Q. That's the question.
12 A. Where is it --
13 Q. Yes.
14 A. -- located?
15 Q. Yes.
16 A. It's located in Ho'ae'ae Ewa.
17 Q. And what is the address?
18 A. What is -- I -- I don't hold an address,
19 actually. That is -- I -- I don't hold an address.
20 Q. What's the tax --
21 A. I -- I don't hold a lease. I don't -- I
22 don't know what --
23 Q. What is the tax map -- map key number, if
24 you know?
25 A. What is the tax map key number? The tax map

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1 key number in which is there?
2 Q. For the property.
3 A. Presiding in the entire area?
4 Q. For -- for the --
5 A. I think there might be a few there. I think
6 they go along the lines of 94004002, 94004006,
7 940024, 900-- we could -- is -- does that help?
8 Q. And how long have -- you claim to own this
9 property. How long have you owned this property?
10 A. How long have I -- this is my undivided
11 hereditary lineal interest. It is an inheritance
12 that is allotted to me by birth and descendency
13 (sic).
14 Q. Does anybody else share an interest with
15 you?
16 A. Oh, yes, yes.
17 Q. Who?
18 A. Everyone else who is a heir as well who
19 holds an undivided interest in this exact same area.
20 Q. Please, for the record, list all co-owners
21 that you allege share an interest.
22 A. I object. What does that have to do with
23 the situation of safety?
24 Q. Well, you're alleging that this is your
25 property. Don't you know who else --

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1 A. I object.
2 Q. -- owns the property with you?
3 A. What does that have to do with the safety,
4 Judge?
5 THE COURT: It's totally relevant to the
6 Court.
7 MS. OKAWEKIU: What does that have to do
8 with the safety? You want me to name a million
9 people right now? You want a hundred names right
10 now?
11 THE COURT: Answer the question.
12 MS. OKAWEKIU: Matthew Mataio Kekuanaoa,
13 Matthew, M. Matthew, Keku, Kekuanaoa.
14 Q. (By Mr. Arensmeyer) Anybody else?
15 A. Wahinekekuanaoa, Wahinekekuana, Kaiulani,
16 Kaiulanikahakuakoi, Moanakane. Should I just keep
17 going? I mean, I can sit here for an hour --
18 Q. Have all -- have all of the other owners --
19 A. -- going --
20 Q. -- permitted you to --
21 A. Wahineaukai. I'm sorry, what was that?
22 Q. Have all of these --
23 A. Next question.
24 Q. -- other owners permitted you to be on the
25 property?
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1 A. Have permitted -- nobody permits me. I have
2 an undivided interest in my inheritance.
3 Q. How -- how long have you lived here?
4 A. In Hawaii?
5 Q. Sure.
6 A. This is where I was born.
7 Q. And how long --
8 A. This is where --
9 Q. -- have you lived on this --
10 A. -- I was raised.
11 Q. -- this parcel?
12 A. This is my home.
13 Q. How long are you claiming to have lived on
14 this parcel?
15 A. How long have I lived in the parcel of Ewa?
16 Q. No, on this specific --
17 A. For a very long time.
18 Q. -- this specific --
19 A. This specific --
20 Q. -- property.
21 A. -- parcel?
22 Q. Correct.
23 A. Mm, I would say about maybe two years.
24 Q. Two years?
25 A. Yeah, for sure.

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1 Q. And you've never had a lease, correct?
2 A. I've never had a lease, no. I am not here
3 because somebody allowed me. I'm not here by
4 contract. I am not privy to contract.
5 Q. And you're claiming that you --
6 A. I am acting on behalf of the undivided
7 hereditary lineal interest of the lands held in
8 allodium by Royal Patent 4490, Land Commission Award
9 10474, Apana 9, of Ho'ae'ae Ewa, Oahu, Hawaii
10 archipelago.
11 Q. And you're claiming that Mr. Berg assaulted
12 you on other prior incidents, correct?
13 A. Yes, he did.
14 Q. Can -- can you describe that?
15 A. Can I describe how he assaulted me or
16 describe the incident? He assaulted me in my chest
17 when I approached him to -- I was like this, "Excuse
18 me, excuse me," and he went like this, into my chest.
19 Q. When was this?
20 A. I'm pretty sure it was on November 10th.
21 Q. And was this the subject of a prior
22 temporary restraining order case that you filed?
23 A. Was this a prior subject? I'm sorry, I
24 don't understand what you're asking me.
25 Q. Did you allege these facts in a prior

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1 application for a temporary restraining order?
2 A. Yeah.
3 Q. Do you recall a hearing on that prior
4 temporary restraining order?
5 A. Yes, I did, but we are not here for that. I
6 would like to --
7 Q. What was the outcome --
8 A. -- state that for the record.
9 Q. No, you've -- you've alleged those facts
10 today, correct?
11 A. Correct. That and plus -- I said 12
12 incidences. There are more.
13 Q. Okay. With -- with respect to that specific
14 one --
15 A. And we are here for the firearm incident.
16 Q. -- what was the outcome of that hearing?
17 A. Mm, I think, if I'm not mistaken, the judge
18 said that I put myself in danger. And if she is
19 saying that I put myself in danger, then that would
20 then imply that Mr. Tom Berg is the danger.
21 Q. Isn't it true that the judge dissolved your
22 temporary restraining order?
23 A. Mm, I think -- I think that might be true.
24 Q. Okay.
25 A. I think so. Were we all there for that?

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1 Q. Now, you allege that Mr. Berg, on -- on a
2 certain date, brought a firearm.
3 A. Yes, he did.
4 Q. How do you know that this was a firearm?
5 A. Um... well, this is a picture depicting it.
6 There was more than one person there. And this man
7 sitting next to me right here is the exact man that
8 firearm was pointed at.
9 Q. In that particular picture, where is
10 Mr. Berg standing?
11 A. I don't know. Where is -- where -- could --
12 could Mr. Berg identify exactly where he's standing?
13 It looks like he's standing on the ground.
14 Q. On what ground?
15 A. I don't know. It doesn't have a label on
16 the ground.
17 Q. Is that the property that you claim to own?
18 A. Yes.
19 Q. And that's not golf course property?
20 A. No. If I believe what he is standing on
21 right there is an easement, and I -- I'm pretty sure
22 by some sort of statutes, easements are not
23 subjugation to privately be --
24 Q. Isn't it true that your husband chased him
25 to that point?
20
1 A. No.
2 Q. Isn't it true that your husband also knew
3 that that was a pellet gun?
4 A. No. Are you -- are you stating for the
5 record that that is a pellet gun? So you are --
6 Q. Are you aware that this entire incident was
7 recorded?
8 A. Are you stating for the record that it was a
9 pellet gun?
10 THE COURT: Would you answer the question,
11 madam?
12 MS. OKAWEKIU: Sir?
13 THE COURT: Please allow counsel to ask the
14 question, and answer the question.
15 MS. OKAWEKIU: I answered the question.
16 So --
17 Q. (By Mr. Arensmeyer) Are you aware that this
18 entire incident was recorded?
19 A. Yes, I am.
20 Did you state that for the record, this is a
21 pellet gun? Can we just confirm that or not?
22 Q. I asked you if you were aware that this was
23 a pellet gun.
24 A. No. It's not.
25 Q. Are you aware --

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1 A. That is not aware to me.
2 Q. -- that your husband knew that --
3 A. Are you making that --
4 Q. -- this was a pellet gun?
5 A. -- known that it is or is it not?
6 Q. I am asking the questions here, ma'am.
7 A. Oh. I am -- I thought --
8 THE COURT: I believe you can answer the
9 question in a yes or no --
10 MS. OKAWEKIU: Yeah, I -- I thought I was
11 allowed to be the --
12 THE COURT: -- fashion. So I'm going to
13 allow Mr. Arensmeyer to ask the question again. Were
14 you aware that your husband knew it was a pellet gun?
15 MS. OKAWEKIU: No, 'cause he did not know it
16 was a pellet gun.
17 Q. (By Mr. Arensmeyer) And is it your position
18 today that your husband, in fact, did not chase
19 Mr. Berg to this point?
20 A. No, he did not chase Mr. Berg to this point.
21 Q. And so --
22 A. Mr. Berg was caught dropping a box inside of
23 my property, and when he was asked about it, he ran
24 away. And when this man here made sure he was
25 leaving the property, escorting him, I believe, that

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1 man over there decided at some point he felt like it
2 was enough to pass his threshold and pull out this,
3 quote, unquote, "unidentifiable gun."
4 Q. Now, you mentioned there was a box that was
5 dropped off. Do you know what was in that box?
6 A. No, because I don't check boxes that are not
7 properly served to me.
8 MR. AKEKELA: (Inaudible.)
9 MS. OKAWEKIU: I am well aware of --
10 MR. ARENSMEYER: Your Honor --
11 MS. OKAWEKIU: -- proper service.
12 THE COURT: I need to control this. Stop.
13 You're not being asked a question. You'll be allowed
14 to testify after cross-examination is completed.
15 MR. AKEKELA: Sorry.
16 THE COURT: I'm sorry. Mr. Arensmeyer, what
17 was the question?
18 Q. (By Mr. Arensmeyer) Do you know what was in
19 the box?
20 A. No, I do not.
21 Q. Why not?
22 A. Because, like I just stated, I do not check
23 and I do not open random, unidentified boxes that is
24 dropped off by people who cannot even give it to me
25 in person or properly serve me.

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1 Q. How do you receive mail at your property?
2 A. I would believe like any regular person,
3 through a point of contact, through a personal
4 mailbox.
5 And I'm pretty sure pertaining to our civil
6 dispute, Judge, that we already have a point of
7 contact, who I am not that point of contact. Let
8 that be known for the record I am not the point of
9 contact for our civil dispute in another court case.
10 Q. Do you have the mailbox?
11 A. So contact between Mr. Berg and I do not
12 have to happen for the continuation of our civil
13 dispute.
14 Q. Where do you expect legal documents to be
15 delivered?
16 A. I just said there is a point of contact,
17 sir. That is --
18 Q. Has that ever been established?
19 A. -- exactly what I expect that -- and my
20 number is on all my bulletin posts that are
21 surrounded around my private property, so if anybody
22 wanted to contact me, it is very simple to get my
23 number and my contact information off of my bulletin
24 post boards, which Mr. Thomas Berg, as I already
25 affirmed and declared within my affidavit, has broken

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1 down a few of my bulletin posts because he just
2 blatantly disregards everything.
3 Q. Do you recall filing a motion to dismiss in
4 the pending ejectment case?
5 A. Yes, I do. The one that --
6 Q. Are you aware that Mr. -- that the plaintiff
7 in that case filed an opposition?
8 A. No.
9 Q. Is that because you didn't open the box when
10 it was delivered?
11 A. Is that because you didn't open the box and
12 it was -- what box are we talking about? Was there
13 a -- was there a --
14 Q. Talking about the box that you've alleged --
15 A. Was there a box that was supposed to come to
16 me that was supposed to say that, pertaining to the
17 court case, which I just said we already have a point
18 of contact, which that box needs to go through the
19 point of contact?
20 Q. What -- what is --
21 A. Did I not?
22 Q. -- your point of contact?
23 A. Did I not? Was that not specified by our
24 judge in the last --
25 THE COURT: Ms. -- madam --

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1 MS. OKAWEKIU: -- civil court case?
2 THE COURT: -- you do not argue with
3 counsel, and you're showing great disrespect to the
4 Court and --
5 MS. OKAWEKIU: I'm sorry, ma'am --
6 THE COURT: -- this forum.
7 MS. OKAWEKIU: -- he's asking me --
8 THE COURT: Allow --
9 THE BAILIFF: Ma'am --
10 MS. OKAWEKIU: -- the same question.
11 THE BAILIFF: -- lower your voice.
12 THE COURT: He is not. Allow him to ask the
13 question and answer the question, and don't expound
14 and go into irrelevant matters.
15 MS. OKAWEKIU: Irrelevant.
16 Q. (By Mr. Arensmeyer) What is your point of
17 contact?
18 A. Who is the point of contact? The point of
19 contact is Moanakane, the same person who was
20 adjudicated by the judge in our previous court case,
21 would be the point of contact between Mr. Arensmeyer
22 and the rest of us.
23 Q. And who is your point of contact --
24 A. I'm going to repeat it again. Moanakane.
25 Q. May I please finish the question? Who is

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1 your point of contact for the other defendants in the
2 case?
3 A. There is no other point of contact. That is
4 the only point of contact.
5 Q. So how is the plaintiff supposed to serve
6 legal documents upon the defendant in your case?
7 A. To the point of legal -- legal contact that
8 we -- we -- we just -- I just -- through Moanakane.
9 Q. And what's his location?
10 A. I'm pretty sure you were informed per the
11 court case. It was submitted.
12 Q. I actually was not. Can you please tell me
13 what that point of contact is, because to this day I
14 don't know it, he has never reached out to me.
15 A. I believe the paperwork was e-filed on that
16 court case, and I believe that you are proficient in
17 your job as an attorney to find that paperwork within
18 the --
19 THE COURT: Madam --
20 MS. OKAWEKIU: -- court case documents.
21 THE COURT: -- I'm not going to entertain
22 anymore sarcasm or evasive answers.
23 MS. OKAWEKIU: What?
24 THE COURT: Answer the question. What is
25 the point of contact for Mr. Moanakea (sic)?

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1 MS. OKAWEKIU: Moanakane is the point of
2 contact. That person --
3 THE COURT: What is an address? Does he
4 have an address?
5 MS. OKAWEKIU: I -- it was stated in the
6 letter that was given to the court case. I am not
7 that person. I don't know it. I am not that person.
8 THE COURT: So you do not know a point of
9 contact for Mr. Moanakea (sic)?
10 MS. OKAWEKIU: I do know. It's Moanakane,
11 and he submitted his own paperwork in the court case
12 that I just said.
13 THE COURT: And which case -- court case are
14 you referring to?
15 MS. OKAWEKIU: The court case in which we
16 are in a civil dispute.
17 THE COURT: Well, I've heard mention of
18 several cases that recently took place and that your
19 affidavit res-- references a pending legal action
20 concerning the -- I -- I suppose that there's a title
21 dispute or land dispute. Which case are you talking
22 about where Mr. Moanakea (sic) has his -- Moanakai
23 (sic) has his point of contact?
24 MS. OKAWEKIU: Moanakane is appointed as
25 contact in the court case that I have coming up on

28
1 May 26. If you give me a second, I can probably grab
2 out my paperwork to specifically identify the case
3 number, if that is necessary. (Pause.)
4 Is that the right one? I think this is the
5 right one. If I'm not mistaken, this is
6 1DRC-22-0000518.
7 THE COURT: And is that the Guyland LLC
8 versus DOE Defendant -- Doe Defendants 1 through 50?
9 MS. OKAWEKIU: It should say more than that.
10 Yes, it should say more than that.
11 Q. (By Mr. Arensmeyer) Are -- are you a
12 defendant in a case pending in the circuit court as
13 well filed by Guyland LLC?
14 A. I am not sure. I can probably go check
15 eKokua tonight, I'm on that.
16 Q. Did you participate in a hearing yesterday?
17 A. Did I participate in a hearing yesterday?
18 No.
19 Q. Are you aware of anyone who participated in
20 a hearing yesterday on your behalf or on behalf of
21 the Occupied Forces Hawaii Army?
22 A. I was not there. I know Occupied Forces
23 Hawaii Army. So could you please reiterate the
24 question, because I am unsure what you're asking me.
25 Q. Are you aware of a hearing that occurred

29
1 yesterday involving Guyland LLC and the Occupied
2 Forces Hawaii Army?
3 A. Am I aware? Yes.
4 Q. Are you aware that that was a circuit court
5 matter?
6 A. Nope.
7 Q. Are you aware --
8 A. 'Cause I wasn't there.
9 Q. -- that you are a defendant in that circuit
10 court matter?
11 A. Nope, 'cause I -- I wasn't informed, I
12 wasn't serviced. I -- I don't know what that is. I
13 don't know.
14 Q. Isn't that because you threw the box away?
15 A. Is that because I threw the box away? I
16 don't know.
17 Q. Okay.
18 A. I'm not sure. I'm not -- I'm not sure. I
19 wasn't served for that paperwork.
20 Q. And were you not served because you
21 didn't -- you chose not to open the box?
22 A. No, I wasn't served because you're the
23 attorney, and that's Mr. Berg, and nobody -- none of
24 you came to serve me paperwork. I did not sign any
25 paper -- actually, you know what, I have the -- if

30
1 I'm not mistaken --
2 Q. Are you aware that we are only required to
3 deliver documents to your address?
4 A. Proper service instructions for small claims
5 court and regular claims court says that
6 disinterested third party people, process server
7 people, small claims only service exception.
8 Plaintiff may personally serve the statement of claim
9 and notice upon the defendant if the plaintiff
10 obtains the defendant's signature acknowledging
11 service or a witness not related or employed by the
12 plaintiff accompanies the plaintiff at the time of
13 service upon the defendant. So, no, I -- I don't --
14 I'm not --
15 Q. Are -- are you aware of the difference
16 between service of process and service of subsequent
17 documents in a case?
18 A. Nope, I am not. I am not.
19 Q. Now, you mentioned that you are now, today,
20 amending the petition on the record to include your
21 children, correct?
22 A. Nope. I thought I was included. If I am
23 protected, isn't my children included? Isn't that
24 what the judge just said earlier? No? Is that
25 not --
31
1 Q. You're --
2 A. Is that not how that works?
3 Q. Are you bringing this petition on behalf of
4 your children or not?
5 A. I -- yes. I am here on behalf of my
6 children.
7 Q. How many children do you have?
8 A. I have three children.
9 Q. Please state their names and ages.
10 A. Ooh. For what exactly?
11 Q. Well, you've asked for a restraining order
12 against them.
13 A. Does that violate any contracts
14 (inaudible) --
15 THE COURT: Answer the question, ma'am.
16 MS. OKAWEKIU: -- and privacy? It's okay?
17 Okay. My children's names are Hekaneonewai and
18 Ikaika and Wakea.
19 Q. (By Mr. Arensmeyer) And their ages, please?
20 A. (Inaudible.)
21 MR. AKEKELA: (Inaudible) sorry.
22 MS. OKAWEKIU: I'm sorry, I just -- it's a
23 wonder to me why -- how old my children are and --
24 THE COURT: It is pertinent to your request
25 to include --
32
1 MS. OKAWEKIU: I'm sorry.
2 THE COURT: -- your children in the --
3 MS. OKAWEKIU: I understand. Thank you.
4 THE COURT: -- order for protection, if
5 you're granted one.
6 MS. OKAWEKIU: My children are 1, 5, and 10.
7 Q. (By Mr. Arensmeyer) And the -- the man to
8 your right, is that your husband?
9 A. Yes.
10 Q. Were you married?
11 A. Yes.
12 Q. When were you married?
13 A. Um... I don't know. Maybe about four years
14 ago.
15 Q. Did you --
16 A. On a very beautiful May day in spring.
17 Q. Did you obtain a marriage license?
18 A. Oh, no. I didn't get married through the
19 State of Hawaii, no.
20 Q. Understood.
21 A. That is not accepted in my -- my culture and
22 my religion. We don't go that way, I'm sorry.
23 Q. Understood.
24 MR. ARENSMEYER: I -- I have nothing
25 further.
33
1 THE COURT: All right. At this time, sir,
2 Mr... how do you say your last name?
3 MR. AKEKELA: Akekela.
4 THE COURT: You're Mr. Akekela.
5 Mr. Akekela, I'm going to -- you've heard what
6 your -- the other petitioner has stated with regard
7 to the allegations that you put forth in support of
8 your request that the Court issue an injunction
9 against harassment. Would you like to testify and --
10 and... is there anything else you wish to add with
11 respect to this?
12 MR. AKEKELA: Yes. Well, we -- I -- I teach
13 my kids at home, I home school them. But since
14 Mr. Tom Berg has been harassing us, my kids is kinda
15 scared for go outside. My kids caught Mr. Tom Berg
16 looking at my kids right before they shower, half
17 naked like that. Mr. Tom Berg --
18 MS. OKAWEKIU: Hiding in the bushes.
19 MR. AKEKELA: -- ran in where the officer
20 tell him not -- to leave my family, when there's
21 this -- had this pandemic, was at the worst time. He
22 also, I don't know, hired some other guys and some
23 big, big heavy machinery. He almost run us over.
24 They digged out our signs. We have evidence of that,
25 video.
34
1 My family is afraid of our lives, ma'am. I
2 don't know how much more you guys like this guy do to
3 us. Look, we get evidence. A firearm is a firearm,
4 ma'am. Did he go to the -- the police office and
5 turn in the firearm, no matter what kind of firearm
6 that is? Still can hurt somebody. Did he -- and,
7 for the record, did he take his firearm and take it
8 to the police station like he's supposed to?
9 MS. OKAWEKIU: I don't think --
10 THE COURT: Are you asking the Court or are
11 you asking this --
12 MR. AKEKELA: I'm --
13 THE COURT: -- rhetorically?
14 MR. AKEKELA: I'm asking his lawyer. By any
15 chance, do you know, sir?
16 THE COURT: And that is not --
17 MR. ARENSMEYER: I am not a witness.
18 THE COURT: -- pertinent until the Court
19 makes a finding that someone has committed
20 harassment, at which point, if an injunction is
21 issued, then the Respondent will have to surrender
22 all firearms, electronic guns, tasers, and
23 ammunition.
24 MS. OKAWEKIU: I believe in the last --
25 MR. AKEKELA: Yeah, the last case the judge

35
1 told Mr. Tom Berg that he would have to give up his
2 firearms until this court is done, this case, ma'am,
3 which I can -- I don't think so he did. Can we
4 check?
5 A firearm is a firearm. It could kill --
6 my -- my baby's 1, 5 -- 1 and 5 year old. Can hurt
7 somebody no matter what it is, ma'am. And I don't
8 know how much more we gotta wait for this guy to
9 do -- what more you guys like him do? He's swinging
10 bolt cutters at my -- my brothers. He ran over my
11 brother with the cart. He head butt my wife in the
12 chest. She went to the doctors for 'em, we have that
13 on the -- sorry for getting loud, guys, emotions.
14 But -- and I don't know how much more -- the guy with
15 the excavator swinging his bucket in front me and my
16 brothers. We trying to stop them. Ma'am, I don't
17 know. Our -- our whole -- we see justice today.
18 I, Ikaikanuiaumi Akekela, absolutely need
19 this temporary restraining order as I fear for my
20 life and for my children and family. The Respondent
21 has already assaulted my wife, my brother-in-law. He
22 has been caught by security and myself more than ten
23 times over the spawn (sic) of six months, caught him
24 hiding in the bushes. He -- I don't know, ma'am.
25 THE COURT: Who was hiding in the bushes?

36
1 MR. AKEKELA: Mr. Tom Berg. He comes in
2 with his -- with his --
3 MS. OKAWEKIU: Camouflage.
4 MR. AKEKELA: -- camouflage fatigue to the
5 tee, cover face, big hat, everything, ma'am, video
6 camera. Who's -- who's not -- who said that he don't
7 set up his camera in the bushes? Yeah. Ma'am, he --
8 he -- he purposely cuts da kine out of our berm to
9 make his own work, roads.
10 Like if he was scared of his life, why he
11 never pull out the gun as soon as we was behind him
12 walking with -- escorting him out with his curious
13 box that he threw over? And I sorry I was mad. I
14 just threw the box over him so I didn't cross that
15 line. It was heated, ma'am, and I said some foul
16 things, but we only said foul things when --
17 MS. OKAWEKIU: Because of (inaudible).
18 MR. AKEKELA: -- when the firearm came out.
19 We did not say foul things when we was following him
20 to escort him off of our property, ma'am.
21 So please, ma'am, I -- I hope we can see
22 justice, at least till our -- our -- our -- our main
23 court case come. Please, ma'am. And...
24 MS. OKAWEKIU: Take a break, breathe. Think
25 about if there's anything that you would like to

37
1 express (inaudible). Any other incidences
2 (inaudible).
3 MR. AKEKELA: I have come home and some of
4 my animals are dead, curiously dead. I came -- one
5 of my puppies was run over, my only dog I had. Their
6 head was smashed in.
7 Um... Tom Berg, I -- I talked to one of the
8 farmers that lease the land in the front. Before
9 they left, they said they had a call from Tom Berg
10 saying that -- to pull out my fence and turn off my
11 water.
12 MS. OKAWEKIU: Rip out our pipes.
13 MR. AKEKELA: And rip out our pipes.
14 MS. OKAWEKIU: They said that.
15 MR. AKEKELA: I'm pretty sure I can get a
16 testimony from that guy.
17 Ma'am, I just really hope we can see
18 justice. If this picture is not everything for --
19 for our TRO, then I don't know.
20 MS. OKAWEKIU: The system has failed us if
21 it's not enough.
22 THE COURT: Um...
23 MR. AKEKELA: And that being said...
24 MS. OKAWEKIU: I would like to see
25 (inaudible).
38
1 MR. AKEKELA: Yes, and I would like to see
2 it to be in my favor and our -- my family's favor,
3 ma'am.
4 THE COURT: All right. Anything else?
5 Other than the photograph that you've shown that's
6 attached to the petition itself, is there any other
7 physical evidence that you wish to -- the Court to
8 consider?
9 MR. AKEKELA: Um...
11 MR. AKEKELA: Yes. (Pause.) I would like
12 to submit all this for evidence. Or do I just show
13 you the picture?
14 THE COURT: What is that, sir? What does
15 that purport to show?
16 MR. AKEKELA: It shows...
17 MS. OKAWEKIU: I can explain (inaudible).
18 MR. AKEKELA: My wife can explain.
19 THE COURT: All right. I'll allow that.
20 MS. OKAWEKIU: This here within this folder
21 is the affidavit that I electronically filed, as well
22 as I would like for you to have a paper file on hand.
23 And I will probably call back tomorrow for the -- to
24 be sure that all of these were filed.
25 This is also exhibiting the reclamation and

39
1 certified mail receipt in which I sent this to HPD,
2 the registered mail in which I sent this reclamation
3 to HPD as well.
4 The affidavit of Wahinekekuana Okawekiu,
5 another affidavit.
6 Maps disclosing the exact area in which I
7 have undivided hereditary lineal interest.
8 The forms in which I served in person to
9 each of the people within this affidavit. More
10 served paperwork.
11 And other HRSs and statutes in which I
12 believe you guys are all proficient in, as well as
13 the safeguard notice that has been declared upon my
14 property.
15 And last but not least, the pictures of the
16 people that Mr. Thomas Berg sent with the excavator
17 to rip fences out of my property.
18 THE COURT: And prior to today, did you make
19 those available to Mr. Arensmeyer?
20 MR. AKEKELA: You filed it.
21 MS. OKAWEKIU: I e-filed all of this.
22 THE COURT: All right. Mr. Arensmeyer, do
23 you have any objection to what is being offered?
24 MR. ARENSMEYER: Your Honor, probably not,
25 but I'd like to thumb through that file before not

40
1 objecting.
3 (Pause in proceedings.)
4 MS. OKAWEKIU: I would just like to note for
5 the record all of these documents are submitted as
6 well in my other court case in which we are both
7 parties of.
8 THE COURT: And is that the civil matter in
9 circuit court, Guyland LLC versus Doe Defendants?
10 MS. OKAWEKIU: I -- I'm not sure if that's
11 the specific one. There should be more names on
12 there, but versus Guyland LLC, yes.
13 THE COURT: Any further objection or any
14 objection for the record, Mr. Arensmeyer?
15 MR. ARENSMEYER: Your Honor, I question the
16 relevance of some of the things, but I have no
17 objection to the Court considering those documents.
18 THE COURT: All right. Thank you.
19 The Court will take judicial notice of the
20 affidavit that's already been filed, and as part of
21 that the Court has already -- that includes the --
22 this... the Court will consider the March 18th letter
23 that was directed to the Honolulu Police Department
24 regarding notice of preservation, vested hereditary
25 undivided lineal interest and title, and as well as

41
1 the November 3rd letter to Wahiawa Police Department.
2 There appears to be another affidavit that's
3 in draft. The Court will not admit that.
4 Any objection to the Exhibit B, which is the
5 map and on page -- and the last page includes a will
6 in a circuit court probate action.
7 MR. ARENSMEYER: Your Honor, again, I -- I
8 question the relevance, but I don't object to the
9 Court considering those documents.
10 THE COURT: All right. I'll just admit it
11 for my consideration and give it appropriate weight.
12 Exhibit C is the first and final notice of a
13 continuing trespass. I think -- is this your
14 response to this notice of the -- the trespass?
15 MS. OKAWEKIU: No. Those -- those -- those
16 are on behalf of I, here in front of you,
17 Wahinekekuana. Those were served to Mr. Thomas Berg
18 as well as the original presiding people in which
19 wherever we want to say, wherever, whatever, everyone
20 has received -- all occupants have received the
21 reclamation of heirs, as well as HPD, as well as the
22 attorney general. The State of Hawaii is well aware
23 of the reclamation that is happening right now, as
24 well as Mr. Berg and Mr. Arensmeyer, as they have
25 been informed.
42
1 THE COURT: All right. And Exhibit D
2 appears to be a summary of -- or an article regarding
3 traditional and customary rights. Court will -- the
4 Court will admit what you've then again labeled as
5 Exhibit A, B, C, D, and then there are some --
6 there's this Occupied Forces Hawaii Army.
7 MS. OKAWEKIU: Yes. Within my affidavit I
8 write about that. In this time --
9 THE COURT: What exhibit is this? What
10 exhibit number is this?
11 MS. OKAWEKIU: That should be E, if I'm not
12 mistaken.
13 THE COURT: It's not labeled as E, but we'll
14 make it E.
15 MS. OKAWEKIU: It's not labeled.
16 THE COURT: And then there are these
17 photographs of -- and when were these photographs
18 taken?
19 MS. OKAWEKIU: I think one of them are dated
20 on the -- on the picture itself.
21 THE COURT: November 12, 2021.
22 MS. OKAWEKIU: Yeah, November 12.
23 THE COURT: Okay. And this is to depict
24 what?
25 MS. OKAWEKIU: To depict the incident in

43
1 which Mr. Thomas Berg sent employees of hisself.
2 They claim that they were there on behalf of
3 Mr. Thomas Berg.
4 THE COURT: Okay.
5 MS. OKAWEKIU: They came from the same
6 direction in which the golf course is. They came off
7 of that same way. They -- they literally said they
8 were there because Mr. Thomas Berg said that they
9 were going to go through and do something. I -- I
10 have no idea, but they just started to wreck the --
11 the perimeter. They came at least 40 to 50 feet into
12 my private property, causing destruction the entire
13 way there, knocking down private property signs as
14 well as gates. And there would have been people as
15 well that would have been injured if they did not
16 move out of the way.
17 THE COURT: And who erected those private
18 property signs?
19 MS. OKAWEKIU: I did.
20 THE COURT: Under your royal patent?
22 THE COURT: All right. Mr. Arensmeyer, do
23 you have any cross-examination questions first of
24 the -- Mr. Akekela?
25 MR. ARENSMEYER: Briefly, Your Honor.

44
1 THE COURT: Yes.
3 IKAIKANUIAUMI AKEKELA,
4 called as a witness by the Petitioners, having been
6 follows:
7 CROSS-EXAMINATION
9 Q. You mentioned that security or security had
10 caught Mr. Berg on the property. When did that
11 happen?
12 A. We caught him many times. He crossed over
13 our no trespassing private property signs many times.
14 Q. Okay. And who -- who's your security?
15 A. My security is OFH.
16 Q. What is OFH?
17 A. Occupied Forces Hawaii Army.
18 Q. And do they reside on the property?
19 A. Yes. They have orders to border. I asked
20 them to help me since Tom Berg was harassing us.
21 Like I said, I was scared for my life. Not too much
22 people wanted to stand in front of a gun, so I had to
23 call --
24 MR. ARENSMEYER: Objection, outside the
25 scope.
45
1 MR. AKEKELA: -- anybody. Yes, anybody --
2 THE COURT: Yes.
3 MR. AKEKELA: -- that could help me.
4 THE COURT: Sustained.
5 Q. (By Mr. Arensmeyer) Do you pay Occupied
6 Forces Hawaii Army?
7 A. I do not.
8 Q. Why are they there?
9 A. To help me, 'cause I'm afraid of my life and
10 for --
11 MS. OKAWEKIU: Safeguarding.
12 MR. AKEKELA: -- safeguarding.
13 MR. ARENSMEYER: Have you asked --
14 THE COURT: Madam, would you stop
15 interrupting your husband and coaching him as to what
16 he's saying?
17 MS. OKAWEKIU: I'm sorry. It's -- it's just
18 the correct term is -- it's called safeguard. I'm
19 sorry.
20 MR. AKEKELA: I'm sorry, ma'am. I -- I
21 stay --
22 MS. OKAWEKIU: I stand corrected.
23 MR. AKEKELA: -- my -- miscombobulated
24 (sic). This is -- it's hard for me to be
25 concentrated. This guy threatened my life and he

46
1 stay right next to me. My family, man. He's right
2 here next to me. I get hard time. I stay shaking.
3 I don't know if you guys can see. I'm sorry, ma'am.
4 Thank you for you guys' patience.
5 THE COURT: So the last question was do you
6 pay the occupied forces of the Hawaii army, and your
7 response was?
8 MR. AKEKELA: I do not. I just feed them
9 food.
10 Q. (By Mr. Arensmeyer) Why are they there?
11 A. To safeguard.
12 Q. Did you request them to be there?
13 A. Yes, I did.
14 Q. Who ordered them to be there?
15 A. Um... who ordered them?
16 MS. OKAWEKIU: I think they came
17 (inaudible).
18 MR. AKEKELA: My captain? I think my
19 captain.
20 MS. OKAWEKIU: By the commander.
21 MR. AKEKELA: It is by the commander.
22 Q. (By Mr. Arensmeyer) And who is the
23 commander?
24 A. Colonel Sam Lilikoi.
25 Q. Sorry, Sam Lilikoi?

47
1 A. Yes, Colonel.
2 MS. OKAWEKIU: Colonel.
3 MR. AKEKELA: Colonel --
4 MS. OKAWEKIU: Colonel Lilikoi.
5 MR. AKEKELA: -- Sam Lilikoi.
6 Q. (By Mr. Arensmeyer) Is that his legal name?
8 MR. AKEKELA: Yes.
9 Q. (By Mr. Arensmeyer) And under whose
10 authority does he act?
11 A. Under the -- the -- under the country of
12 Hawaii.
13 Q. Is there an individual on behalf of the
14 country of Hawaii that authorized Sam Lilikoi to
15 direct the Occupied Forces Hawaii Army?
16 A. Yes. It was.
17 MS. OKAWEKIU: (Inaudible.)
18 MR. AKEKELA: Yeah, I think that one he
19 can -- I -- I'm pretty sure -- who's the guy -- I'm
20 sorry, let me ask. I gotta get the name of...
21 (Pause.) You have to ask him. I didn't have a
22 personal conversation to retrieve that type of answer
23 or information.
24 Q. (By Mr. Arensmeyer) Understood.
25 How many members of the Occupied Forces

48
1 Hawaii Army are quartered at your property?
2 A. About... like ten.
3 MS. OKAWEKIU: The rest of them is just
4 (inaudible).
5 THE COURT: Is it 10 or is it 50?
6 MR. AKEKELA: No, we usually have 10 on our
7 property, but when we -- we were scared, we call more
8 people, like we do all the time. They brang, like,
9 12 cops. Only had me and my baby and my wife, and
10 it's -- it's hard when you got big guys with guns
11 around you.
12 MS. OKAWEKIU: We don't carry weapons.
13 MR. AKEKELA: We don't carry any. We're
14 non-combatant.
15 Q. (By Mr. Arensmeyer) Do the Occupied Forces
16 Hawaii Army members wear military fatigues?
17 MS. OKAWEKIU: Yeah, they are military.
18 MR. AKEKELA: Yes, yes, they are military.
19 Q. (By Mr. Arensmeyer) Are they camouflage?
20 A. Yes, they are military.
21 Q. Do you know why they wear those?
22 A. Because they're military.
23 THE COURT: Under what armed forces division
24 are they affiliated with?
25 MR. AKEKELA: They're not a armed forces.

49
1 They're not a armed forces.
2 THE COURT: So they're paramilitary?
3 MR. AKEKELA: What was that, ma'am?
4 THE COURT: Are they military with the
5 United States?
6 MR. AKEKELA: Yes. What is it...
7 MS. OKAWEKIU: I can answer that question.
8 MR. AKEKELA: Oh, yes, my wife can answer
9 that question for you.
10 MS. OKAWEKIU: They are legitimate military
11 for the country of Hawaii operating under the laws of
12 Land Warfare, Field Manual 2710, War Department.
13 THE COURT: What branch of service are they
14 with?
15 MS. OKAWEKIU: They are the legitimate
16 military for the country of Hawaii. They are not
17 under the U.S. military. We work -- not we -- they
18 work hand in hand with the U.S. Army. They work hand
19 in hand -- let it be known for the record, Occupied
20 Forces Hawaii Army works hand in hand with the U.S.
21 Army as they are the legitimate military government
22 of Hawaii.
23 THE COURT: You're making a representation
24 they are the legitimate military arm for the
25 government of Hawaii, the State of Hawaii?

50
1 MS. OKAWEKIU: They are the legitimate
2 military government of Hawaii. I did not say state.
3 Not the State of Hawaii. The State of Hawaii is --
4 is a whole 'nother representation, a whole 'nother
5 body. That is not the aboriginal body in which
6 Hawaii is. As I'm sure we all know, Hawaii was a
7 presiding country before this provisional government
8 then came in and created all of this --
10 MS. OKAWEKIU: -- State of Hawaii.
11 THE COURT: So the legitimate -- in your
12 words, the legitimate military government of Hawaii,
13 meaning the aboriginal body?
14 MS. OKAWEKIU: 'Ae.
15 THE COURT: All right. 'Ae meaning yes in
16 Hawaiian. All right.
17 Anything further?
18 MR. ARENSMEYER: Yes.
19 Q. (By Mr. Arensmeyer) I'd -- I'd like to ask
20 you about this photo that's attached as Exhibit A to
21 your petition. Can you identify the individuals in
22 that photo?
23 A. Me and Tom Berg.
24 Q. And who took that photo?
25 A. I think so it was a corporal. Last name --

51
1 what is his last name?
2 MS. OKAWEKIU: Hicks.
3 MR. AKEKELA: Hicks. Hicks.
4 Q. (By Mr. Arensmeyer) And is Hicks a member
5 of the Occupied Forces Hawaii Army?
6 A. 'Ae, yes, he is.
7 Q. Are you a member of the Hawaii Occupied
8 Forces Army?
9 A. Yes, I am.
10 Q. Can -- do you recall where you were standing
11 at this point --
12 A. Yes.
13 Q. -- in time?
14 A. This right here is the middle of the berm
15 that Tom Berg knocked over. And I'm on my side, my
16 30. Like in the evidence that he presented, he said
17 he's -- you're on our 30, and right here, as you can
18 see, this is a berm which he cut out, and I'm
19 standing right on my side of the berm.
20 Q. Understood. And where is he standing?
21 A. He's standing look like on the berm.
22 Q. And there was some testimony about a box
23 being thrown back over.
24 A. Yes.
25 Q. Is -- where -- where's the box as --

52
1 A. I think so it's --
2 Q. -- things are laid out?
3 A. -- right there behind me, right there,
4 'cause it was -- I -- I -- I threw it like how he
5 threw it over my fence, right by his cart --
6 Q. Okay.
7 A. -- sir, and he picked it up and put it on
8 his cart.
9 Q. And did you ever open the box?
10 A. No, sir.
11 Q. Okay. Why -- why didn't you keep the box?
12 A. Be -- it's suspicious, sir. This guy didn't
13 answer. "Sir, what are you here for?" He didn't say
14 nothing. He just threw the box over, turned around,
15 didn't say nothing, what it was in. He didn't say --
16 MS. OKAWEKIU: He didn't say, hey, I'm
17 (inaudible).
18 MR. AKEKELA: -- respond, nothing, sir.
19 Q. (By Mr. Arensmeyer) So why did you follow
20 him?
21 A. Because it was his rubbish. And to wake up
22 every day to find rubbish that -- look at this
23 suspicious box. You're not gonna leave 'em. It's in
24 the middle of my road. I gotta drive out. I'm not
25 gonna look at --
53
1 Q. Do you maintain a mailbox where things can
2 be delivered?
3 A. No. I do not have a mailbox.
4 Q. So how are people to deliver things to your
5 home?
6 A. Depending if they know me, they know how to
7 do it, but --
8 Q. What if they don't know you?
9 A. -- if you're (indiscernible) suspicious --
10 suspicious boxes, then I don't think they should be
11 giving me anything if I don't know them.
12 Q. Even if you're in an active court case --
13 A. Well --
14 Q. -- involving litigation?
15 A. -- it's his (indiscernible).
16 MS. OKAWEKIU: Point of contact.
17 MR. AKEKELA: Point of contact then, sir,
18 which was -- was -- was known last in our other
19 court, sir.
20 Q. (By Mr. Arensmeyer) Did you participate in
21 a hearing yesterday in circuit court?
22 A. I did not.
23 Q. Are you aware of a hearing that occurred
24 yesterday in circuit court?
25 A. Did not.
54
1 Q. Are you aware of anyone who attempted to
2 appear on your behalf yesterday in circuit court?
3 A. No, I -- I probably wasn't served. I did
4 not know about anything they say.
5 Q. Do you not recall an individual named Micah
6 Biva serving process directly upon you?
7 MS. OKAWEKIU: Micah Biva?
8 MR. AKEKELA: No, I don't know any
9 (inaudible).
10 MS. OKAWEKIU: I never heard that name.
11 MR. ARENSMEYER: Okay. Nothing further.
12 THE COURT: All right. I'm going to hear
13 argument at this point.
14 MR. AKEKELA: What is that, ma'am?
15 THE COURT: Closing argument in support of
16 your petition for temporary restraining order and an
17 order for permanent injunction against harassment.
18 MS. OKAWEKIU: I would just like to say in
19 conclusion of this entire situation, I would like to
20 take this moment to ask, you know, Honorable Judge
21 and the rest of you people in here to keep in mind
22 that this right here is a matter about safety for me
23 and my children in this process going through this
24 civil dispute with this erratic person.
25 I don't have a problem staying away from

55
1 Mr. Berg. I do not encroach on his space, I do not
2 in any way direct him with harassment, and I would
3 just ask that he do the same, because I -- I am truly
4 looking for peace through this. And we are truly
5 hoping that the courts can just help to create a
6 safer environment for me, my children, and my family
7 moving forward in this process, because we will be
8 going to court for a while, and I just want to be
9 sure that he doesn't try to kill us in the middle of
10 court so that, you know, the entire dispute is done.
11 THE COURT: I'm sorry. It just occurred to
12 me that I did not allow Mr. Berg to testify. Does he
13 wish to -- to state anything?
14 MR. ARENSMEYER: Yes, Your Honor. I do
15 intend to call Mr. Berg in support of our case as
16 well as to present video evidence of -- of the
17 incident at hand.
18 THE COURT: And you provided the copy of the
19 video to the other side?
20 MR. ARENSMEYER: I have a thumb drive.
21 MS. OKAWEKIU: It was submitted last time.
22 MR. ARENSMEYER: Yeah, they got it last
23 time, at the last hearing.
24 MS. OKAWEKIU: It was already (inaudible).
25 THE COURT: All right. Okay. So I've

56
1 preserved your arguments for the record, and I'll
2 allow you to argue again, but at this point I'll
3 allow Mr. Berg to testify.
4 MR. ARENSMEYER: Okay.
6 TOM BERG,
7 called as a witness by the Respondent, having been
9 follows:
10 DIRECT EXAMINATION
12 Q. Mr. Berg -- Mr. Berg what is your current
13 position of employment?
14 A. I am the general manager for the Hawaii
15 Country Club Golf Course and Restaurant.
16 Q. And in the scope of your employment, what --
17 what duties does that encompass?
18 A. I maintain the -- as agent for the owner
19 Guyland LLC of his adjacent farm land properties of
20 which he owns. I execute leases for him, for
21 amending such leases, and as well maintain the
22 patrons who come on the golf course that are invited
23 with permission have a good experience on our golf
24 course as a business.
25 Q. So the -- the neighboring farm land

57
1 operation, can you just give a -- a general
2 description of -- of what that is and how it's
3 operated?
4 A. Yes. The acreage of which is being
5 discussed today of which the Petitioner claims to own
6 did not come into the domain of my employer until
7 July 1 of 2020, meaning prior to July 1 of 2020, it
8 was leased by Pacific Gateway Center, of which the
9 lessee, Aloha Pacific Green, was on the property from
10 July 1 of 2020, and had breached its contract with
11 the owner and vacated in October -- on October 26, I
12 believe, of 2021, when the Petitioners locked our
13 lessee off the property, and thereby the lessee
14 vacated the property in October of 2021, and thereby,
15 according to the lessee, the Petitioner was only on
16 the property for less than a month. And when the
17 lessee discovered that the Petitioners had
18 confiscated the property and their office trailer,
19 sought help from the police, the owner, for a notice
20 of trespass, and I have assisted the owner in trying
21 to seek a notice of trespass on the Petitioner here
22 today.
23 Q. Have you ever had any personal encounters
24 with either of the petitioners here today?
25 A. I have.
58
1 Q. Starting when?
2 A. On October 4th of 2021, the lessee, Mr. Doe,
3 asked me to bring a surveyor to the property, because
4 the lessee was leasing 5 acres and had requested that
5 they only wanted to lease 1, and to amend the lease
6 agreement, the owner and the lessee had agreed that I
7 be on the property with a surveyor, of which on
8 October 4, 2021, I discovered the Petitioner here in
9 the courtroom today violating the lease agreement of
10 which no dogs are allowed, no re-- residing is
11 allowed, and -- and other such Department of Health
12 violations that can be explained later. So on the
13 date of October 4, 2021, upon discovery that the
14 Petitioner was on the property illegally without the
15 knowledge of the lessee, we tried to take action.
16 Q. And is this -- do you know how this land is
17 zoned?
18 A. I do.
19 Q. Is it ag land?
20 A. It's AG-1, correct.
21 Q. And is -- are structures allowed on AG-1
22 land?
23 A. You're not allowed to reside on that
24 property. You cannot live there by law. It's an
25 estate agricultural district. There are no abodes on

59
1 the property. There is no dogs allowed on the
2 property.
3 Q. Do you recall a prior temporary restraining
4 order hearing involving at least one of these
5 petitioners against you?
6 A. Yes.
7 Q. When did that occur?
8 A. The November 10, 2021 I had discovered --
9 Q. The question is when did the hearing occur?
10 A. Oh, I'm sorry. Um...
11 Q. Was it in 2022?
12 A. It was.
13 Q. Okay. And do you recall what the subject
14 incident at hand was, can you briefly describe that?
15 A. Yes. I had contacted the police numerous
16 times when I discovered the Petitioners locking their
17 dogs on the golf course without invite, without
18 permission, unauthorized. Later that day, they had
19 decided to block off golf course property, Hole 14,
20 which is a TMK golf course, and they erected a fence,
21 uninvited, without permission, without any knowledge,
22 of which took 4 acres of golf course property, Hole
23 14, Par 4, and blockaded the golf course, of which
24 when I contacted HPD on such unauthorized fence, HPD
25 notified me at midday that I had the authority to

60
1 remove the fence.
2 Upon removing the fence later in the day, at
3 5:30 p.m. approximately, the Petitioners came off of
4 their 5-acre compound on the AG-1 zoned property,
5 entered the TMK of the golf course property, and sent
6 me to the emergency room, where I could not walk for
7 two weeks.
8 Q. What do you mean they sent you to the
9 emergency room?
10 A. They beat me up and they held me hostage and
11 kidnapped me, held me down for 20 minutes as a
12 citizen's arrest. And it's all on cam-- all on film,
13 the assault of which took place where I severe --
14 suffered injuries.
15 Q. And this -- this was all the incident that
16 was the subject of that prior restraining order
17 hearing, correct?
18 A. Correct.
19 Q. What was the outcome of that hearing?
20 A. The judge, and I quote, said "I don't
21 believe you, you are not believable."
22 Q. Don't -- don't believe who?
23 A. Do not believe the Petitioners who came
24 forth with their argument.
25 Q. And what happened to the temporary

61
1 restraining order?
2 A. It was dissolved.
3 Q. Are you aware of any litigation between
4 Guyland LLC and the occupants of the property that's
5 been discussed here today?
6 A. Yes, I am.
7 Q. In what court is that litigation pending?
8 A. There's a district court and a circuit
9 court. I would say both.
10 Q. And have you ever been involved with service
11 of process or delivery of legal pleadings to the
12 defendants in those cases?
13 A. Yes, I have.
14 Q. On how many occasions?
15 A. Provided to the Petitioner two weeks ago on
16 the thumb drive, it shows and exhibits each and every
17 time that we entered the property either with a
18 retired sheriff to serve summons, whether it was
19 myself doing court communication, as instructed.
20 Each and every time I videotaped myself putting court
21 documents in a box, labeling the box, clearly
22 identified what the contents were, placed such --
23 either with escorts with HPD or with a retired
24 sheriff at a summons. However, for this purposes
25 today, I had gone twice with court papers and

62
1 delivered them to the compound without incident.
2 On the third time being March 28th, 2022,
3 upon dropping off the documents clearly labeled, the
4 Petitioners then started to yell at me, "What's in
5 the box," and clearly on the videotape here, which
6 was recorded, I say repeatedly, when asked, "Those
7 are court legal papers for you, please take heed,
8 this is meant to assist you in your court case."
9 So as I was being chased -- would you like
10 me to continue?
11 Q. Yes, please.
12 A. As I was being chased off the property, I
13 feared for my life, after being assaulted on November
14 10, that I thought it best that because those dogs
15 have attacked me numerous times, that I bring a
16 pellet gun with me, an air gun, of which it's rubber
17 balls --
18 Q. I'm sorry, let's back up.
19 A. Yeah.
20 Q. (Inaudible) dogs. You mentioned dogs.
21 MR. AKEKELA: (Inaudible.)
22 MR. BERG: Yeah, plural. Plural, dogs.
23 THE BAILIFF: Ex--
24 THE COURT: Do not interrupt, please.
25 MR. AKEKELA: Sorry.

63
1 THE BAILIFF: And, Judge, he --
2 MR. AKEKELA: I feel like I gotta throw up,
3 ma'am.
4 THE BAILIFF: He says he's not feeling well.
5 MS. OKAWEKIU: Should he just throw up here?
6 THE BAILIFF: (Inaudible) a brief recess.
7 THE COURT: All right. We'll stand in
8 recess.
9 (Recess taken.)
10 THE COURT: Ready to resume?
11 MR. AKEKELA: Yes, ma'am.
12 THE COURT: All right. Back on record, yes.
13 So the question last posed was with respect
14 to the dogs that were attacking Mr. Berg.
15 Q. (By Mr. Arensmeyer) Yes. What -- what dogs
16 are you referring to?
17 A. There are multiple dogs on the property.
18 One is a -- like a pit bull, big, big, big dog, and
19 another one, actually more vicious, is -- is a
20 smaller dog.
21 Q. Are these guard dogs?
22 A. I don't know what kinda dogs they are, but
23 they're dangerous.
24 Q. How do you know they're dangerous?
25 A. They've attacked me.

64
1 Q. Okay. Anyway, before I interrupted you, you
2 referenced these dogs. You were talking about having
3 dropped off the box and -- and then you were
4 retreating from the property.
5 A. Yeah.
6 Q. What -- what was happening?
7 A. As I was retreating from the property, as I
8 earlier stated to the Court, every time that I have
9 interacted with the Petitioner, I always filmed
10 myself, I always brought a camera, and as I was
11 leaving, I was fearful of my life. At least four of
12 them came at me, and the Petitioner here in the room
13 picked up the box and tried to trip me up and threw
14 it like a projectile. At that time, I was so scared
15 because I knew that had they dislodged my camera,
16 they'd probably do more harm to me like they did
17 previously, so what was going through my mind was
18 these guys are going to beat the crap out of me.
19 So when he was unsuccessful after he threw
20 the box at my legs, I walked as fast as I could. I
21 held the camera behind me and went straight forward,
22 and I kept saying, "These are court papers," I kept
23 identifying these are court papers. The second time
24 he picked up the box after he was unsuccessful
25 hitting me with it, he threw it again at me, and I

65
1 dodged the box.
2 At that second interval of a projectile
3 being thrown at me, I knew that had they attacked me,
4 no one would hear me. Upon the second, I got on the
5 TMK of the golf course, knowing there were golfers
6 there in the midst, I decided I had no choice but to
7 exhibit my air gun and say, "I will defend myself
8 this time, you will not get away with this and send
9 me to the hospital again, I will defend myself." And
10 at that time, when I pulled out this pellet gun meant
11 to keep dogs at bay, which is a humane way, I don't
12 believe in killing dogs, so I exhibited this to them
13 to let them know don't come on this golf course.
14 Mind you, they had traversed 30 acres of
15 Guyland, which the Honolulu Police Department said
16 they will issue the notice of cita-- notice of
17 trespass upon them if HPD ever caught them off the 5
18 acres.
19 Q. When you showed this pellet gun, were they
20 scared of it?
21 A. No, they laughed at it and says we have that
22 gun, that isn't a firearm. They admit on the video
23 they know it's not a firearm and admit that the
24 Petitioner even has the same pellet air gun.
25 Q. Was it the Petitioner or one of the members

66
1 of the Occupied Forces Hawaii Army that had the --
2 the same gun, that made that remark?
3 A. Yes.
4 Q. Who?
5 A. Uh... here in the courtroom today.
6 Q. Understood.
7 Now, going back to the cases between Guyland
8 LLC and the Petitioners and -- and various others.
9 Are -- are you aware of the -- the status of that
10 litigation?
11 A. I am.
12 Q. Are you aware of a circuit court proceeding
13 that occurred yesterday?
14 THE BAILIFF: Judge, may we take another
15 recess?
16 THE COURT: All right. We'll stand in
17 recess. Take a ten-minute recess.
18 (Recess taken.)
19 THE COURT: All right. You can resume your
20 testimony and questioning of Mr. Berg.
21 Q. (By Mr. Arensmeyer) I believe when we left
22 off I had asked you if you were aware of the status
23 of the pending litigation regarding the Petitioners
24 and Guyland LLC.
25 A. Yes. Yesterday was the hearing.

67
1 Q. In what court?
2 A. Circuit court.
3 Q. And what was the hearing for?
4 A. To determine ownership.
5 Q. Was there a motion that was filed?
6 A. Yes.
7 Q. Do you know what kind of a motion it was?
8 A. A motion for ejectment.
9 Q. And do you know the outcome of that hearing?
10 A. Granted.
11 Q. Okay.
12 THE COURT: Mr. Berg, let me ask you. You
13 mentioned there's also a district court action that
14 you're aware of.
15 MR. BERG: Yes, I'm aware of a district
16 court subject matter as well.
17 THE COURT: And what is the subject matter
18 of that action?
19 MR. BERG: The district court was first
20 entered upon as a dual way if the Petitioner here
21 today, being the defendant in such case, had made a
22 challenge in district court, it was then necessary
23 that we knew that then such a title would be in
24 circuit court, so we felt that a district court could
25 provide relief in a more timely manner, Your Honor.

68
1 THE COURT: Thank you.
2 Q. (By Mr. Arensmeyer) Do you know whether
3 that district court case has been resolved?
4 A. May I elaborate?
5 THE COURT: Yes.
6 MR. BERG: Each time that we had brought
7 service of summons upon the defendants, name changes,
8 occupants, descriptions could not be obtained,
9 whereby each and every time that we went to court in
10 district court, the judge was very lenient granting
11 the defendants the ability to read the documents that
12 they could properly served. But it was very
13 difficult, Your Honor, because when we bring a deputy
14 sheriff seeking the Petitioners in the very room
15 today, the Petitioner here before you stated on
16 camera that they don't live there, so we couldn't
17 actually serve people that claimed they didn't live
18 on the property, when here, before you today, they
19 are claiming they live on the -- this is the game
20 that went on for four months in district court.
21 THE COURT: And what was the final
22 adjudication or disposition of that action?
23 MR. BERG: On the district court?
24 THE COURT: Yes.
25 MR. BERG: On the -- the last time we

69
1 made -- had met, the judge gave great leniency to the
2 defendants, saying why don't you read all the
3 documents they claim they hadn't been served. We
4 served them over and over and over again, and so this
5 continuation was to just offer them an opportunity to
6 read documents that every time they came to court
7 they said they were never served, which was an
8 outright lie.
9 Q. (By Mr. Arensmeyer) Do you know whether
10 motions for summary judgment or to dismiss had been
11 filed in that case?
12 A. Yes.
13 Q. Do you know whether those motions have been
14 decided?
15 A. On the district court, I do not have
16 knowledge.
17 Q. (Inaudible.)
18 A. I do not have knowledge.
19 Q. Do you know what the plan is for that
20 district court as far as the plaintiff is concerned?
21 A. They're seeking a dismissal.
22 Q. Understood.
23 THE COURT: The plaintiff being?
24 MR. BERG: The plaintiffs in the room today
25 are the defendants in the district court matter.

70
1 They've petitioned the Court seeking to dismiss this.
2 THE COURT: And that's --
3 MR. BERG: They want to dismiss the district
4 court.
5 THE COURT: And that's the nature of the
6 ejectment action as well?
7 MR. BERG: And then --
8 THE COURT: Summary possession?
9 MR. BERG: -- in circuit court was the
10 ejectment of such granted.
11 THE COURT: All right. Okay. You can
12 continue, Mr. Arensmeyer.
13 Q. (By Mr. Arensmeyer) Now, there was some
14 discussion about video of this incident on March
15 28th. Who took the video?
16 A. I did.
17 Q. What did you use to record the video?
18 A. A video camcorder.
19 Q. And was it attached to your body? Were you
20 holding it in your hand?
21 A. I had it in my left hand as I pro--
22 proceeded to leave the -- the -- my boss's,
23 employer's property.
24 Q. Okay. There -- there's a -- a thumb drive
25 in -- in front of me today, and I understand that

71
1 there's a file, an MP4 file contained thereon dated
2 March 28th, 2022. Can you describe the contents of
3 that file?
4 A. Yes. To expedite, if the Court so choose to
5 entertain such evidence, I had filmed myself packing
6 the court papers that Mr. Arensmeyer e-mailed me,
7 saying these are to be dropped off at the compound,
8 please make photocopies of the court papers and put
9 them in the box, label the box, and proceed to the
10 property, drop it and leave, don't engage, don't ask
11 for anyone, don't talk to anyone. So I was
12 successful on those first two times.
13 So in regards to this video, which was the
14 third time I had filmed it, I show myself in the
15 video packing the papers in the box, putting it in a
16 plastic bag so it won't get wet or damaged, labelling
17 the box. And upon videoing that, I then speed it up
18 in fast motion, 'cause it takes a while to get to
19 their compound, so I have to walk around 30 acres,
20 come in, and so I -- as soon as they said "There he
21 is" in the video, I put it at real time instead of at
22 a fast motion, because this eight-minute video would
23 probably be a half hour hearing me breathe, walking
24 to the compound with the box. So it's an expedited
25 version, if the Court so chose to entertain.

72
1 Q. And the rest of the video depicts what?
2 A. The video depicts that once I dropped off
3 the box, as I alluded to earlier, they threatened me
4 and harassed me, when I was exercising communication
5 via -- for the Court for their own behalf. This was
6 to educate them on precedence of case law so they
7 could be well performed -- well informed when we do
8 go to court. And I was astonished and shocked that
9 they saw me as a -- as an irritant harassing them,
10 when I was there to give them a benefit of which I
11 had succeeded two times prior, on my own, filming
12 this without incident. It was -- they knew very well
13 that the boxes were coming, they knew what was in the
14 boxes, because I told them what was in the box, as
15 the video shows.
16 MR. ARENSMEYER: Okay. With that, I -- I
17 don't have anymore questions, but I would submit as
18 evidence the thumb drive and request the Court in
19 particular view the video of the incident dated March
20 28th, 2022.
21 THE COURT: Yes, the Court was going to --
22 like to see that video. So Mr. Berg, could you set
23 that up on your laptop?
24 And I understand the video has already been
25 made available to the Petitioners in this case, so

73
1 you've had an opportunity to view the video?
2 MS. OKAWEKIU: I actually didn't view the
3 video, but I was given the -- the file last time, and
4 then I -- I think I left it here on the table, I
5 think I forgot to take it or something.
6 MR. ARENSMEYER: I have an extra copy.
8 MR. ARENSMEYER: I have a copy for the Court
9 as well.
10 THE COURT: I'm going to want to see -- have
11 the benefit of Mr. Berg's laptop once you -- once you
12 set that up.
13 MR. BERG: I will. Okay. This will take
14 just a second.
15 THE COURT: For the record, any objection to
16 the admission by publication of the videotape that's
17 been described?
18 MS. OKAWEKIU: (Inaudible.)
19 MR. AKEKELA: No objections.
22 MR. ARENSMEYER: Can you make it big?
23 MR. BERG: I can.
25 THE COURT: I think the easiest way to do it

74
1 is if I could have Mr. Berg step into the witness box
2 here and to play it --
3 MR. ARENSMEYER: Okay.
4 THE COURT: -- for me. Okay. Go ahead.
5 (The following video was played:)
6 Mr. Berg: What we have here is District
7 Court of the First Circuit papers of which show the
8 certificate of service. If you look at this, it says
9 March 28th right here, today, that's today. Five
10 sets, five copies, case law, yeah.
11 MS. OKAWEKIU: I don't understand how that's
12 proper.
13 Mr. Berg: House affairs, going to the
14 encampment. Okay. Here we go.
15 THE COURT: Make it a little louder for me,
16 please.
17 Speaker 1: (Inaudible.) Oy, oy, oy, oy.
18 Sir, please do not litter over here, sir.
19 (Inaudible) property, sir (inaudible). Littering.
20 (Indiscernible) grab me one.
21 MR. BERG: Grab this guy.
22 Speaker 1: Littering. (Inaudible.)
23 MR. BERG: I'm deescalating, I'm leaving.
24 Don't want to engage.
25 Speaker 2: (Inaudible) impersonating an

75
1 officer.
2 MR. BERG: Okay. Looks like they're chasing
3 me. Looks like they're going to chase me. Yeah,
4 it -- it looks like they're chasing me. And my
5 camera's (indiscernible) I'm going forward and I
6 can't -- my camera's taking behind me as I'm going
7 forward. I'm trying to leave. Here they come.
8 Speaker 1: Sir, you forgot your rubbish you
9 left. Here you go, sir.
10 MR. BERG: They tried to hit me.
11 Speaker 1: Your rubbish.
12 Speaker 2: Take your (inaudible) and get
13 the fuck out.
14 MR. BERG: Get the fuck out.
15 Speaker 2: You're not welcome over here.
16 MR. BERG: Not welcome. Been served.
17 Speaker 2: Been served.
18 MR. BERG: Been served.
19 MR. AKEKELA: (Inaudible) the gun.
20 Speaker 1: Why you (indiscernible) over
21 here with camouflage like that? (Inaudible) look at
22 your bushes? You can -- huh, Berg? (Indiscernible)
23 your rubbish.
24 THE COURT: (Inaudible.)
25 MR. BERG: Yeah, the person with the boxes

76
1 is the Petitioner here.
2 THE COURT: (Inaudible.)
3 MR. BERG: Yeah, he's -- he's -- he's going
4 to pick up the box a second time and try to trip me
5 up with it.
6 Speaker 2: Sir, you leave the fucking
7 (inaudible), sir.
8 Speaker 1: Oh, so this how you come, you
9 just crash back over the berm? Forgot your rubbish
10 over here, sir. Looks like a bomb.
11 Mr. Berg: You're trespassing. Stay away
12 from me.
13 Speaker 1: You're trespassing.
14 Mr. Berg: Stay away from me. You're
15 trespassing.
16 Speaker 1: We'll deal with this in court,
17 sir.
19 trespassing.
20 Speaker 1: You're trespassing. The rubbish
21 you threw over here.
23 trespassing.
24 Speaker 1: (Inaudible) you take your
25 rubbish, sir, top of your own property.

77
1 Mr. Berg: The Court's communicating with
2 you.
3 Speaker 1: Who?
4 Mr. Berg: The Court has communicated with
5 you.
6 Speaker 1: You're littering.
7 Mr. Berg: This is from the Court.
8 Speaker 1: Who's this for?
9 Mr. Berg: For you, for the Court.
10 Speaker 1: You one litterer, just like how
11 you say on your own camera.
12 Mr. Berg: It's from the Court. You've been
13 served.
14 Speaker 1: Yeah, yeah. I gon' put your
15 rubbish on your side, boy. Look 'em.
16 Mr. Berg: You stay away from me.
17 Speaker 1: Oh, I am. Stay off of the
18 property. Take your frickin' trash.
19 Mr. Berg: Stay off this property, mother
20 fucker.
21 Speaker 1: (Inaudible.)
22 Mr. Berg: Stay off this property. I will
23 defend it.
24 Speaker 1: (Indiscernible.)
25 Mr. Berg: I will defend it.

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1 Speaker 1: (Yelling.)
2 Mr. Berg: Don't let me catch you here.
3 Speaker 1: (Indiscernible) say what?
4 Mr. Berg: Don't let me catch you here,
5 brah.
6 Speaker 1: (Inaudible) your trash.
7 Mr. Berg: This here --
8 Speaker 1: (Indiscernible) your trash.
9 Mr. Berg: This here --
10 Speaker 1: Get off our (inaudible).
11 Mr. Berg: I am not gonna confront you.
13 Mr. Berg: I am going to now report this --
15 Mr. Berg: -- to the community policing team
16 on your behavior.
18 Mr. Berg: Community policing team. They
19 are not on the 5 acres. They have encroached. They
20 are on the 30 acres.
21 Speaker 2: Get the fuck off.
22 Mr. Berg: They are on the 30 acres.
23 Speaker 2: Get the fuck off.
24 Mr. Berg: They are not on the 30 acres.
25 This is golf course property. This is golf course

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1 property.
2 Speaker 2: Good-bye. Good-bye.
3 Mr. Berg: So --
5 Mr. Berg: So I'm gonna leave this here.
7 Speaker 1: (Indiscernible) your side
8 (indiscernible).
9 Mr. Berg: I'm gonna leave it here.
11 Mr. Berg: You've been served.
13 Mr. Berg: Take it or leave it. Take it or
14 leave it.
15 Speaker 2: Bye (indiscernible). That's one
16 non-lethal gun, you stupid fuckin' haole.
17 MR. BERG: Non-lethal gun.
18 Speaker 2: Get the fuck outta here.
19 Mr. Berg: I'm gonna defend myself.
20 Speaker 2: Shut the fuck up.
21 Speaker 1: Make a report.
23 Speaker 2: (Inaudible) fuck off, you dumb
24 haole.

80
1 Speaker 1: Defend 'em. Defend 'em good.
2 Speaker 2: (Indiscernible) with the weapons
3 and you want to call the FBI?
4 Mr. Berg: Yeah, okay.
5 Speaker 2: The FBI on us?
6 Speaker 1: (Inaudible) right now.
7 Mr. Berg: Here we go. You're trespassing.
8 Speaker 1: Came over here, trespass.
9 Mr. Berg: And you're trespassing.
10 Speaker 1: Nobody went on his side.
11 911 Operator: Hello, 911.
12 Mr. Berg: Yeah, I have an emergency. I'd
13 like the Honolulu Police Department come immediately
14 to the Honolulu Country Club.
15 Police Operator: Hello, police.
16 Mr. Berg: Yeah, I have an emergency,
17 police.
18 Police Operator: Okay. Where are you?
19 Mr. Berg: I'm at the Hawaii Country Club
20 Golf Course. I have trespassers.
21 Police Operator: Okay. So the Hawaii
22 Country Club or the Honolulu --
23 Mr. Berg: Yes.
24 Police Operator: -- Country Club?
25 Mr. Berg: No, the Hawaii Country Club,

81
1 94-1211 Kunia Road.
2 Police Operator: Okay. And are you
3 security there?
4 Mr. Berg: Excuse me?
5 Police Operator: Are you security there?
6 Mr. Berg: Yeah, I'm the manager of the golf
7 course, and I also agent for the ag property next
8 door, and I have --
9 Police Operator: Okay.
10 Mr. Berg: -- I have trespassers here on the
11 ag property have trespassed.
13 Mr. Berg: The community policing team of
14 Waipahu District 2 needs to be immediately notified.
15 Police Operator: Okay. I understand that.
16 How many of them?
17 Mr. Berg: At least four right now in my
18 face.
19 Police Operator: Okay. Male? Female?
20 Mr. Berg: Male, male.
21 Police Operator: Okay. Do you have a
22 description of any of them?
23 Mr. Berg: Yeah, they're pretty much
24 shirtless, locals. Pretty --

82
1 Mr. Berg: -- pretty hard to not miss.
2 Police Operator: Any (indiscernible)?
3 Mr. Berg: Excuse me?
4 Police Operator: Any weapons?
5 Mr. Berg: I have no idea. They claim they
6 have weapons.
7 Police Operator: What's your name?
8 Mr. Berg: I'm sorry?
10 Mr. Berg: My name's Tom Berg.
12 Mr. Berg: My name is Tom --
13 Police Operator: (Inaudible) see you there.
14 Mr. Berg: -- Berg.
15 Police Operator: I understand that. Thank
16 you, Tom. Bye.
17 (End of video.)
18 THE COURT: Mr. Berg, while you're there,
19 let me ask you, how (inaudible) is it?
20 MR. BERG: The Pacific Gateway property's
21 203 acres. The golf course TMK is 136 acres.
22 THE COURT: From where you were walking
23 to -- to allow you to get to the compound to serve
24 that box?
25 MR. BERG: It -- I traversed the 30 acres of

83
1 which came into my employer's domain on December
2 31st, 2021, so on January 1, 2022, that property
3 became liquidated by Pacific Gateway Center, of which
4 the Wahiawa district policing team said if they ever
5 caught them on that 30 acres, they would indeed be
6 served for trespassing. This is not the 5 acres that
7 they claim that they -- that they are living on.
8 They went off the 5 acres and trespassed on Guyland
9 LLC.
10 THE COURT: Okay. Thank you, sir.
11 All right. Do you want to resume
12 questioning from there?
13 MR. ARENSMEYER: I -- I have nothing
14 further.
15 THE COURT: Okay. Cross-examination.
16 MS. OKAWEKIU: Yes, I would like to.
17
18 CROSS-EXAMINATION
19 BY MS. OKAWEKIU:
20 Q. Mr. Berg, you said that you assisted H-- APG
21 and the owner in -- what was it again? I missed the
22 last part of that. Assisted them in all of that, and
23 then come to this day... I'm sorry. Ignore that.
24 You said that, by law, there is no living
25 and no dogs that is allowed in this said area,

84
1 correct?
2 A. Correct.
3 Q. Are you aware that there is multiple farms
4 there who have at least five dogs each?
5 A. No, I am not.
6 Q. And homes for each of those people who live
7 on those farms in that area, are you aware of that?
8 A. No, I am not.
9 Q. You said that you traversed through the 30
10 acres to get there. Did you not see any other dogs
11 on any other properties with any other homes?
12 A. The lessee had vacated in December 31st of
13 2021, thereby on the date that I was on the 30 acres,
14 it was vacated.
15 Q. So you did not see any other dogs?
16 A. There were no structures, no homes, no dogs
17 on that 30 acres.
18 Q. Interesting. Interesting.
19 Um... I know --
20 A. Except yours.
21 Q. -- that you said that I have dogs that are
22 dangerous. How do you know that my dogs are
23 dangerous?
24 A. They've attacked me.
25 Q. They've attacked you. When did they attack

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1 you?
2 A. They attacked me I believe it was after I
3 discovered the dogs on October 4th. A gentleman by
4 the name of Pastor Dan Jones with Waipahu At Risk
5 Youth was the one who was going to lease one of the
6 subdivided 5 acres. He actually beat the dogs with a
7 stick after they attacked me. And I believe it was
8 October 6th or 7th, because we were following up on
9 the directive of the owner with the surveyor, and
10 Pastor Dan Jones wanted to see how he would access
11 the property. And upon Pastor Dan Jones being there
12 with me, dogs came under -- from underneath a trailer
13 and proceeded to chew on my leg. Thank goodness
14 Pastor Dan Jones found a stick and beat the dogs
15 away. And I also called the police --
16 Q. So --
17 A. -- on the dogs.
18 Q. So would you say that you were on my
19 property unbeknownst to us? 'Cause it sounds like I
20 wasn't there for that engagement where you were on
21 the property with this person and my dogs then bit
22 you, and I wasn't there, that you -- and I came
23 home -- I think this man just said today that we came
24 home and my dog was found dead. So, I mean, it can
25 only be implied that if you have been there per se

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1 the engagement you just expressed, that you were
2 there unbeknownst to me and --
3 THE COURT: What is the question? You're
4 testifying and you're ask -- asking questions.
5 MS. OKAWEKIU: No, I'm just --
6 THE COURT: Ask a question.
7 MS. OKAWEKIU: I'm specifying. He just said
8 that man --
9 MR. AKEKELA: Smashed my dog's head.
10 MS. OKAWEKIU: Yeah. Oh, my gosh.
11 THE COURT: He did not say that.
12 MS. OKAWEKIU: I'm sorry. I think I'm just
13 realizing it now as he just said that, that he's
14 probably the person who killed my dog.
15 THE COURT: He did not say that.
16 MS. OKAWEKIU: I'm -- I'm so sorry.
17 THE COURT: That misrepresents the testimony
18 on the record.
19 MS. OKAWEKIU: I'm so sorry. That is a
20 little hard. That was a really old dog.
21 THE COURT: Would you ask a question, if
22 there is a question.
23 MS. OKAWEKIU: I'm so sorry, ma'am. I --
24 I -- I really am disheartened by that.
25 THE COURT: I've already corrected the

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1 record, madam.
2 MS. OKAWEKIU: I'm sorry, it --
3 THE COURT: He did not say that your dog was
4 beat -- bashed in the head. The testimony was that
5 Pastor Dan Jones, when surveying the property with
6 Mr. Berg --
7 MS. OKAWEKIU: I understand.
8 THE COURT: -- beat -- the dogs were
9 attacking him and chewing his feet --
10 MS. OKAWEKIU: He was --
11 THE COURT: -- back with a stick.
12 MS. OKAWEKIU: -- in my property without me
13 there. I --
14 THE COURT: Again, you're testifying. Is
15 there a question?
16 MS. OKAWEKIU: I'm so sorry. No, no, no,
17 no. I'm so sorry. I'm just really -- that was
18 really hard for me to get through. And now I'm just
19 gonna collect myself. Can I just have a second,
20 please? (Pause.)
21 THE COURT: You're assuming a lot of facts
22 not in evidence and reacting to the same. I would
23 ask you to please pose a question --
24 MS. OKAWEKIU: I'm sorry.
25 THE COURT: -- to Mr. Berg arising out of

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1 the direct testimony.
3 Q. (By Ms. Okawekiu) So Mr. Berg, why didn't
4 you get a process server if you were scared for your
5 life? Why did you choose to take a firearm to my
6 property?
7 MR. BERG: There are two questions, Your
8 Honor. Would you like me to answer both?
9 THE COURT: Answer -- what -- pose one
10 question at a time. What is the first question?
11 Q. (By Ms. Okawekiu) Why didn't you get a
12 process server if you were so afraid for your life?
13 Why didn't you use a process server to come to my
14 property?
15 A. I had asked the same question to the
16 attorney and the owner, and the answer was that I
17 will provide to you was these were not a summons to
18 appear in court, and that the law affords
19 communication as I had demonstrated and exhibited
20 whereby a process server was not summoning you to
21 court, but rather communicating on court case
22 precedence to help you in your subject matter.
23 Q. Thank you.
24 Are you aware that proper service would have
25 rendered my signature acknowledging the service? Are

89
1 you aware of that?
2 A. I'm aware that when a deputy sheriff came to
3 serve you --
4 Q. Are you aware that --
5 A. The -- the -- may I answer?
6 Q. -- a defendant's signature --
7 A. May I answer?
8 Q. -- needs to be acknowledged --
9 THE COURT: Please allow Mr. Berg --
10 MS. OKAWEKIU: -- for service?
11 THE COURT: -- to answer the question that
12 you posed.
13 MR. BERG: We had brought a process server,
14 a retired deputy --
15 Q. (By Ms. Okawekiu) I'm just talking about --
16 A. -- sheriff to the --
17 Q. -- for the boxes, sir.
18 A. -- to the property, and at such time, on
19 camera, the Petitioner here, the gentleman, stated
20 that his wife and children didn't live there, on
21 camera, which made it difficult to serve the -- the
22 following. So, on camera, when they stated they no
23 longer reside there, they can't be found on the
24 property, here we are today with them claiming they
25 do live on the property.

90
1 Q. So --
2 A. That's what we were dealing with trying to
3 serve you.
4 Q. So would you imply that you -- you -- you
5 didn't know that you needed my signature to
6 acknowledge that service --
7 A. I --
8 Q. -- without a process server?
9 A. My legal expertise on serving was given to
10 me by directive by our attorney, and I executed such.
11 Q. So should I -- should I ask Mr. Arensmeyer?
12 I'm not sure what -- what --
13 THE COURT: He's answered the question.
14 Move -- move on, please.
15 MS. OKAWEKIU: So he doesn't, okay. That's
16 fine.
17 Q. (By Ms. Okawekiu) That point of entry in
18 the property where there is a cut through the berm,
19 did you create that point of entry --
20 A. No.
21 Q. -- that you could get in?
22 A. No, I did not.
23 Q. How did you know that it was there?
24 A. The previous tenant who had vacated on
25 December 31st, 2021 had created that cut-out. That

91
1 was there for years, of which the video exhibited
2 that it's been there for years.
3 THE COURT: Mr. Berg, let me ask you, the
4 gate that's depicted in the video, who erected the --
5 the gate?
6 MR. BERG: That gate was erected by our
7 lessee who came on the property July 1, 2020, Aloha
8 Pacific Green, LLC. They erected that gate and they
9 had their own lock on it. And then it was vandalized
10 and their lock cut off, and the Petitioners here put
11 their own lock on it in violation of --
12 MS. OKAWEKIU: That is misinformation --
13 MR. BERG: -- every landlord-tenant --
14 MS. OKAWEKIU: -- and misrepresentation.
15 THE COURT: Please allow me to hear the
16 witness's testimony and answer. Please, for the
17 record.
18 So your testimony was that the Aloha Pacific
19 LLC had their own -- erected the gate and they had
20 their own lock on it?
21 MR. BERG: That is correct.
22 THE COURT: That lock was removed by the
23 Petitioners?
24 MR. BERG: Correct.
25 THE COURT: And the property behind the gate

92
1 which the Petitioners occupied was vandalized?
2 MR. BERG: Correct.
3 THE COURT: All right. Additional question?
5 Q. (By Ms. Okawekiu) Do you know -- do you
6 know that man who was on the excavator who said he
7 was there on behalf of you?
8 A. No, I do not.
9 Q. So did he just get his excavator through
10 your entire golf course without you knowing?
11 A. I found out after the fact and actually
12 objected to what transpired. And I have an issue
13 with the person who did do that to that functioning
14 gate, of which I had the combo and the lock to open
15 that gate. And after I found out that somebody went
16 there and destroyed that gate, I found that to be
17 disturbing. That's my boss's property, and my boss
18 and I did not give permission for someone to go on
19 their own and do what they did to my boss's property,
20 the gate that he purchased, that he erected, that I
21 had the lock to.
22 Q. Are you aware that there has been paperwork
23 served to everyone on the property regarding the
24 reclamation of heirs?
25 A. I'm familiar with -- are we discussing what

93
1 you had served?
2 Q. Are -- yes. Are you aware of the
3 reclamation of heirs that was served to you, to
4 Guyland, to APG, that is the reason in which --
5 A. May I answer?
6 Q. Yes.
7 A. I recall that upon reviewing your
8 documentation seeking to serve my -- my employer, the
9 addresses were incorrect, the place of address
10 being -- to be -- my boss never got anything, I never
11 got anything, but yet we're looking at court papers
12 saying that you served everybody, but nobody got any
13 papers. Because if you look at the documents, you
14 put the wrong addresses down.
15 Q. You say that you didn't receive it, but --
16 A. I have not received --
17 Q. I --
18 A. -- anything from you.
19 Q. I believe Guyland LLC did submit a notice
20 that was given from house of heirs --
21 A. Yes, in good faith --
22 Q. Did -- to Guyland LLC?
23 A. -- my employer accepted it in good faith to
24 mitigate -- to expedite this matter. We -- we --
25 Q. So they did--
94
1 A. We just -- we just accepted whatever --
2 Q. So he did receive it?
3 A. You did. We just took it upon -- but upon
4 the initial paperwork of yours, when you look at your
5 mailing receipts at the post office, you gave
6 incorrect addresses. We did not get your
7 communications. We just accepted it when we actually
8 appeared in court, to help you.
9 Q. Help me.
10 You said that Hole 14 is a part of the golf
11 course property.
12 A. Yes, since 1957.
13 Q. Did you rent out Hole 14 to Aloha Pacific
14 Green?
15 A. No, I did not.
16 Q. Because it was stated when they were
17 addressed upon their situation and their status in
18 which they were on that area, parcel, all that
19 certain parcel of land was in question, they then
20 identified their property was all the way past Hole
21 14, in that entire vicinity area, everything over
22 there, and when the reclamation and papers of notice
23 was served to them in accordance with the
24 landlord-tenant rules and regulations, which they
25 abided by, which they had the time to come and pick
95
1 up their things and, you know, fully get to receive
2 or rescind, retain their things... I forgot where I
3 was going with this.
4 THE COURT: This is totally irrelevant to --
5 MS. OKAWEKIU: Sorry.
6 THE COURT: -- your petition.
7 MS. OKAWEKIU: It's just --
8 THE COURT: And cross-examination --
9 MS. OKAWEKIU: -- APG was --
10 THE COURT: And beyond the scope.
11 MS. OKAWEKIU: -- in possession of it, so as
12 far as the --
13 THE COURT: I'm sustaining the --
14 MS. OKAWEKIU: -- the reclamation --
15 THE COURT: I'm sustaining the objection.
16 MS. OKAWEKIU: -- they would --
17 THE COURT: Move on to the next question.
18 MS. OKAWEKIU: -- they would have already --
19 THE COURT: It's totally irrelevant. It's
20 beyond the scope of the direct examination.
21 MS. OKAWEKIU: Okay.
22 Q. (By Ms. Okawekiu) So the posts around Hole
23 14 were also resurrected by APG, correct?
24 A. Incorrect.
25 Q. I -- I know the person who actually

96
1 resurrected posts who were contracted. He said that
2 he did it on behalf of APG.
3 MR. ARENSMEYER: Objection. Is that a
4 question?
5 Q. (By Ms. Okawekiu) So is -- is that correct,
6 is that -- is that correct, sir?
7 A. Incorrect.
8 Q. So would you say that the man who did the
9 contract is -- is not the man? You know the man who
10 did the contract?
11 THE COURT: Which contract are you speaking
12 to?
13 MS. OKAWEKIU: For the fence on Hole 14.
14 Q. (By Ms. Okawekiu) I'm just asking do you
15 know the contractor who resurrected those poles in
16 Hole 14?
17 THE COURT: How is this relevant to your
18 claim?
19 MS. OKAWEKIU: Because that is -- that is
20 also on the property in which I live. That -- that
21 is my domain. This man is bringing it up as it is
22 his, which is incorrect. It's misinformation. It's
23 misrepresentation.
24 THE COURT: That's argument. Ask a question
25 of Mr. Berg.
97
1 MS. OKAWEKIU: I just wanted to confirm.
2 Q. (By Ms. Okawekiu) You said in the video
3 there was four people there when you pulled out your
4 gun, your firearm. You made a police report. You
5 said there was four people, but I recall there was
6 only three and maybe even two at the time. Maybe one
7 more came after, but -- could you confirm with me how
8 much that -- that -- that you saw there?
9 A. I believe the video exhibits three, but
10 there was possibly another lurking. I believe I, at
11 one time, saw four chasing me, but then again I was
12 fearful for my life. I -- I may have miscounted.
13 Q. Okay. This is my last question: Do you
14 have evidence of this dog biting you? Evidence of
15 this dog --
16 THE COURT: Testimony is evidence.
17 MS. OKAWEKIU: I'm sorry, what was that?
18 THE COURT: Testimony is evidence. Are you
19 asking for physical exhibits?
20 MS. OKAWEKIU: Yeah, yeah. I'm sorry, I --
21 I -- I meant physical evidence.
22 THE COURT: Mr. Berg?
23 MR. BERG: The answer to that is the subject
24 of the first week in October, bringing Pastor Dan
25 Jones to the property as a potential lessee, he's the

98
1 one who also witnessed the attack by the dogs upon
2 me. And I guess you could say that it's not hearsay.
3 If he were here, he would substantiate such.
4 MS. OKAWEKIU: No, I'm good. That is all.
5 THE COURT: I have a question for you,
6 Mr. Berg. Describe to me what injuries you sustained
7 as a result of that assault.
8 MR. BERG: On November 10, 2021, of which
9 has been duly recorded and is also on the same thumb
10 drive (indiscernible), when I was pinned down, I was
11 choked and I couldn't breathe, and I thought I was
12 going to be killed at that time. And my throat and
13 larynx was bruised, my chest rib cage cavity was
14 bruised. And the most severe injury I suffered was
15 the pulled torn hamstring of which, when they
16 released me after 20 minutes of pinning me down, two
17 persons were on my back, with my legs basically to
18 the back of my head, so I was twisted like a pretzel
19 for 20 minutes, and then when let go, I couldn't
20 walk. I hobbled to the golf cart. I -- I started
21 throwing up in front of the police immediately. When
22 I got to the -- I was in so much pain, I was puking.
23 And they -- and then I was driven to the emergency
24 room, and the doctor filled out all the injuries.
25 And after about two weeks I could start limping and

99
1 no longer needed crutches.
3 MR. BERG: It was the most severe pain I
4 experienced in my life, Your Honor. Unable to walk.
5 I -- I -- I thought a pulled hamstring was --
6 football players, they get up and they're back in the
7 game, and I -- boy, it -- it -- it -- it brought me
8 down hard.
9 THE COURT: Was this on -- which leg? Or
10 both legs?
11 MR. BERG: Repeat, please.
12 THE COURT: Both legs?
13 MR. BERG: No, it was my -- my right leg,
14 Your Honor.
15 THE COURT: Okay. Mr. Arensmeyer, do you
16 have further redirect?
17 MR. ARENSMEYER: Nothing, Your Honor.
18 THE COURT: All right. Thank you, sir. You
19 may step down.
20 The Court has already admitted the videotape
21 into evidence.
22 I've allowed the Petitioners to give oral
23 argument -- closing argument, rather. Anything
24 further you wish to say to supplement that closing
25 argument? If not, I'm going to turn to the

100
1 Respondents.
2 MS. OKAWEKIU: I would just like to state
3 for the record that I am not a bar associate, and
4 nowhere in way -- in any way should I be held to that
5 same capacity in -- in which he is capable of
6 expressing and such. But I try my best, and I am
7 here because I believe that this court will see the
8 truth in all of this.
9 I'm not here out of outrageous claims. This
10 property is worth a lot. Obviously it's made its way
11 into court. I am just here because God made me and
12 he put me on this earth and -- and I just so happen
13 to be a descendent, and this just so happens to be my
14 inheritance, and this just so happens to be my
15 journey with this man, and I truly am -- I am not
16 here for confrontation or hostilities or volatile
17 actions. I am truly here for peace. I truly am here
18 because I seek safety for my family moving through
19 this court case that is still in the courts.
20 If anything is seen through the
21 representation today, please let it be known that
22 there is danger here, and my family is being the --
23 the victim in all of this. The amount of emotional
24 distress that my children experience because of the
25 actions that this man, whether he's doing it for

101
1 hisself or his -- whoever is causing to me, my
2 family, everyone, everyone, my dog, my dog who I
3 lost. I think I'm okay. I -- I'm... that's all.
5 And Mr. Arensmeyer on behalf of Mr. Berg.
6 MR. ARENSMEYER: Your Honor, I believe
7 the -- the record is clear. What happened here, this
8 was regular delivery of -- of court documents, part
9 of an existing legal matter. This is the third or
10 fourth time Mr. Berg was out there to simply deliver
11 documents, not to confront and serve anybody. Upon
12 being confronted, he immediately retreated. In fact,
13 he ran quite a -- quite a distance before these
14 people caught up with him on another parcel of
15 property.
16 Your Honor, this kind of conduct in -- in a
17 civil action is not acceptable. The whole point
18 of -- of civil court is so people have a forum where
19 they can work things out, communicate with one
20 another, and receive documents back and forth from
21 one another --
22 MS. OKAWEKIU: Breathe.
23 MR. BERG: -- without threats of violence
24 and assault, chasing, any of this. It -- it -- it --
25 it's just not acceptable. At -- at the end of the

102
1 day, this is not the kind of harassment that our --
2 our law seeks to enjoin. If there's harassment here,
3 it's by the Petitioners, it truly is.
4 My client here, yeah, he had a pell-- pellet
5 gun with him. He had it for good reason. The record
6 is clear he acted in self-defense.
7 I'm sorry if Petitioners feel that they were
8 harassed simply because Mr. Berg was following the
9 instructions of his attorney, who's obligated to
10 deliver documents in -- in a court case, but the
11 truth is this isn't a one-time thing. Every single
12 time there's an issue of service of process or
13 delivery of process to these people, you know, it
14 takes a team of police, it takes -- it -- it's a
15 scene, it's -- it's recorded, it's -- it's not --
16 it's not a simple matter of -- of -- of simply
17 sending someone out. You've gotta send out a whole
18 team to prevent these kind of incidents from
19 occurring. Unfortunately, things have spiraled to
20 this level. HPD should've gotten involved a long
21 time ago and shut this down back in October. They
22 didn't do so.
23 The district court case, these Petitioners,
24 they're able to come back to court every time, and
25 they've been successful, to their credit, every time

103
1 in convincing the judge that service hasn't been
2 effected, even though it has been again and again and
3 again and again. At the end of the day, ultimately
4 yesterday the circuit court issued its decision on a
5 motion for summary judgment, granting ejectment in
6 favor of Guyland LLC.
7 Your Honor, in this case the Petitioners had
8 the burden to prove harassment. They simply haven't
9 met their burden, and we would ask the Court to
10 dissolve the temporary restraining order.
11 THE COURT: Based on the credible testimony,
12 the Court will dissolve the Petitioner.
13 I want to say that what was depicted on the
14 video is absolutely despicable, assaultive, violent
15 conduct. And Mr. and Mrs. -- Mr. Akekela and
16 Ms. Okawekiu, you complain to the Court that you want
17 no violence, you want no hostility, you want no rage,
18 you want -- you seek the protection of the court. It
19 is not convenient in the Court's mind that you avail
20 yourself of the civil laws of the United States and
21 the State of Hawaii and at the same time you -- you
22 thumb your nose at the laws governing the civil
23 society that we live by --
24 MS. OKAWEKIU: I -- I'm --
25 THE COURT: -- and invoke -- invoke the

104
1 royal patent and your claimed inheritance. And what
2 has happened to Mr. Berg is absolutely despicable and
3 disgusting.
4 MS. OKAWEKIU: I don't understand.
5 THE COURT: I saw --
6 MS. OKAWEKIU: Could you repeat that?
7 THE COURT: -- four -- three men, including
8 Petitioner Akekela, chase Mr. Berg over 30 acres of
9 property and use disparaging, racist, prejudicial
10 words to tell him that he was an f'in haole, and he
11 was not using -- and he -- and you recognize,
12 Mr. Akekela --
13 MR. AKEKELA: (Indiscernible) I did not say
14 that.
15 THE COURT: -- that he was not using a --
16 that he didn't have a lethal weapon, which I totally
17 agree had to be used in order to protect himself from
18 further harm and possibly death. You are not
19 properly on --
20 MS. OKAWEKIU: Wow.
21 THE COURT: -- on the property. There's
22 been a grant of an ejectment action in the circuit
23 court of which you would've known about had you
24 been -- had you accepted service.
25 But as I said earlier, it's hypocritical of

105
1 you to come to court and try to avail yourself of the
2 protection of the civil laws and at the same time
3 reject those very civil laws when you're trying to
4 seek it in your favor. For that reason, I'm going
5 to --
6 MS. OKAWEKIU: I'm so confused.
7 THE COURT: Do you work, Mr. Akekela?
9 MR. AKEKELA: No, ma'am. I -- I -- I -- I
10 work, but not -- I work for my brother.
11 MS. OKAWEKIU: Not like you guys.
12 MR. AKEKELA: It's not a like -- it's not a
13 legit job.
14 MS. OKAWEKIU: You don't have to explain.
15 THE COURT: And what about you,
16 Ms. Okawekiu?
17 MS. OKAWEKIU: Yes, I do.
18 THE COURT: 'Cause I'm thinking of awarding
19 Mr. --
20 MS. OKAWEKIU: Yes, I do.
21 THE COURT: -- Arensmeyer attorneys' fees
22 and costs.
23 MS. OKAWEKIU: I don't understand what is
24 happening, ma'am.
25 THE COURT: It is the Court's order that you

106
1 are going to pay $2,500 to Mr. Berg and his counsel
2 within 30 days.
3 MS. OKAWEKIU: For what? I -- I don't
4 understand what's happening, ma'am.
5 THE COURT: For bringing a temporary
6 restraining order in bad faith. And as --
7 MS. OKAWEKIU: I --
8 THE COURT: -- the prevailing party, they
9 are entitled to fees and costs.
10 MS. OKAWEKIU: I'm going to file for an
11 appeal --
12 THE COURT: 30 --
13 MS. OKAWEKIU: -- to that.
14 THE COURT: 30 days.
15 MS. OKAWEKIU: Thank you, Your Honor.
16 THE COURT: We'll set a status conference --
17 MS. OKAWEKIU: I don't know what is
18 happening.
19 THE COURT: -- to see if you have made --
20 MS. OKAWEKIU: I feel like this is crazy --
21 THE COURT: -- the compensation due to
22 Mr. Arensmeyer.
23 MS. OKAWEKIU: -- fraudulent shit.
24 THE COURT: Any questions about the Court's
25 order?
107
1 MS. OKAWEKIU: Yes, I do have a question.
2 I'm not sure what that means. I -- I'm really not
3 sure what that means. You're --
4 THE COURT: I dissolve your restraining
5 order --
6 MS. OKAWEKIU: I'm -- I --
7 THE COURT: -- which was brought --
8 MS. OKAWEKIU: I'm not sure why though.
9 THE COURT: -- in bad faith, and you did not
10 sustain your burden of proof.
11 MS. OKAWEKIU: I did not sus-- what does
12 that mean? I don't --
13 THE COURT: You didn't prove your case,
14 madam.
15 MS. OKAWEKIU: Yeah. No, I'm sorry, I
16 just -- I have to understand --
17 THE COURT: And everything -- you did not
18 prove your case at all. And because Mr. Berg was
19 able to defend himself against these frivolous
20 claims, I'm awarding --
21 MS. OKAWEKIU: Against these frivolous
22 claims.
23 THE COURT: -- them his attorneys' fees.
24 MS. OKAWEKIU: They're awarding him his
25 attorney --
108
1 THE COURT: In fact, the very thing you
2 complain of is things that you and your common law
3 husband --
4 MS. OKAWEKIU: Yeah, I --
5 THE COURT: -- perpetrated upon him.
6 MS. OKAWEKIU: -- I'm not sure what any of
7 that --
8 THE COURT: The Court has --
9 MS. OKAWEKIU: I'm really not sure --
10 THE COURT: -- spoken on this matter.
11 MS. OKAWEKIU: I am not sure --
12 THE COURT: Madam, you've been in -- in
13 court --
14 MS. OKAWEKIU: Let it be known for the
15 record I am not sure.
16 THE COURT: Let me speak. You have been in
17 court a number of times as a self-represented
18 litigant and you know how court processes work.
19 MS. OKAWEKIU: I'm sorry, what was that?
20 THE COURT: I'm not going to repeat myself.
21 The Court has spoken on this issue.
22 Your TRO is dissolved. Attorneys' fees and
23 costs have been ordered in the amount of $2,500.
24 That payment is to be made in 30 days. I'm going to
25 set a status to see if that payment has been made.

109
1 MS. OKAWEKIU: Yeah, I -- I'll probably be
2 filing for an appeal, because I don't understand
3 anything that's happening right now.
4 THE COURT: June 2nd --
5 MS. OKAWEKIU: Is that --
6 THE COURT: -- 8:30 a.m. you are to appear
7 in court. And Mr. Arensmeyer, you can appear,
8 Mr. Berg need not appear, just to represent what the
9 status of the payment on attorneys' fees and costs
10 is.
11 MS. OKAWEKIU: I don't know what she's
12 saying.
13 THE COURT: Hearing nothing further, I'm
14 going to allow the Respondent and his counsel to
15 leave first.
16 MR. ARENSMEYER: Thank you.
17 MR. BERG: Thank you, Your Honor.
19 MS. OKAWEKIU: If I am caught dead shot in
20 the face, please, please... I am fuckin' -- wow.
21 This is bullshit.
22 THE COURT: Petitioners, can I ask you to
23 take a seat back in the gallery so we can call the
24 next case?
25 MS. OKAWEKIU: I truly need help

110
1 understanding this. I don't understand what just
2 happened. How exactly...
3 (End of proceedings.)
4 --ooOoo--
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1 STATE OF HAWAII )
)
2 )
)
3 CITY & COUNTY OF HONOLULU )
)
4 )
7 I, MILANI BALLESTEROS, hereby certify that the
8 foregoing is a full, true, and correct transcription
9 of electronically recorded proceedings taken in the
10 above-entitled cause, to the best of my ability.
11 DATED: August 1, 2022
12
13
14
15 /s/ Milani Ballesteros

MILANI BALLESTEROS
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Transcript of Hearing On Application For A Restraining Order Against Tom Berg

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Transcript of Hearing On Application For A Restraining Order Against Tom Berg

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1

PERMISSION TO COPY DENIED, HRS 606.13, ETC.

1 IN THE DISTRICT COURT OF THE FIRST CIRCUIT

18 FREDERICK J. ARENSMEYER, ESQ. For Respondent

4 Cross-Examination By Mr. Arensmeyer 13

7 Cross-Examination By Mr. Arensmeyer 44

10 Direct Examination By Mr. Arensmeyer 56

11 Cross-Examination By Ms. Okawekiu 83

1 THURSDAY, MAY 5, 2022

3 THE CLERK: Calling Case No. 2,

4 Ikaikanuiaumi Akekela and Wahinekekuana K.K. Okawekiu

5 versus Tom Berg.

6 THE COURT: Good morning. Let's start

7 with -- good morning. So can we have the Petitioners

8 state their name for the record?

9 MS. OKAWEKIU: I am a Hawaiian national. I

10 am Wahinekekuana Okawekiu, and I am here by special

12 THE COURT: All right. I see that you're

13 physically here in this courtroom, so I --

14 And, sir, what is your name?

15 MR. AKEKELA: Aloha. I'm Ikaikanuiaumi

16 Akekela. I'm a repatriate Hawaiian national. I'm

17 also here on -- by special divine appearance.

18 THE COURT: All right. The Court will note

19 that for the record.

21 MR. ARENSMEYER: Good morning, Your Honor.

22 Fred Arensmeyer appearing on behalf of the

23 Respondent, Tom Berg, who is present.

24 THE COURT: All right. And so,

25 Mr. Arensmeyer, I take it that your client has

1 received the petition that was filed by the

2 Petitioners. That's noted in the record on April

4 MR. ARENSMEYER: He has.

5 THE COURT: All right. Is there any reason

6 that Mr. Berg has to have continued contact with the

8 MR. ARENSMEYER: The problem is my client is

9 the manager of the parcel of property where the

10 Petitioners are squatting.

11 MS. OKAWEKIU: I object. That is incorrect.

12 THE COURT: Please, madam, don't interrupt

14 MR. ARENSMEYER: They -- they have no -- no

15 right to be on the property. They've been squatting

16 there for about six months. So he has no need to

17 have any direct specific contact with them, but they

18 have no right to be on the property.

19 THE COURT: All right. So the Court is

20 asking whether or not he would be willing to enter

21 into a stay-away for up to three years without any

22 findings -- allegations, and Mr. Berg is saying

24 MR. ARENSMEYER: That's correct.

25 THE COURT: Okay. Given that there is an

1 issue regarding the ownership of the property, the

2 Court is going to -- are you prepared to go to trial

4 MR. ARENSMEYER: Yes.

5 MS. OKAWEKIU: Yes.

6 THE COURT: All right. So we'll pass this

7 matter and call the next case. We'll pass this

10 THE CLERK: Recalling Case No. 2,

11 Ikaikanuiamui -- aumi, excuse me, Akekela and

12 Wahinekekuana K.K. Okawekiu.

13 THE COURT: All right. Can we swear the

14 parties in, please?

15 THE CLERK: Everybody raise your hand.