David C. Farmer, Successor-Trustee vs. Harmon

(Formerly Woo vs. Harmon & Nicholson vs. Harmon)

CV05-00030 DAE KSC

U.S. District Court For the District of Hawaii

Judges: David A. Ezra; Kevin S. Chang



President, Becker Communications.

Becker Communications
119 Merchant Street, Suite 500,
Honolulu, Hawaii 96813

Telephone: 808-533-4165 • Fax: 808-537-4990

URL: http://www.beckercommunications.com/

email: teambecker@beckercommunications.

From: ruthann@beckercommunications.com

Ruth Ann is founder and president of Hawai'i-based BCI, which is consistently ranked in Hawaii's top-five p.r. firms, and which was named "Small Business Company Of The Year" by the Chamber Of Commerce Of Hawai'i. With 27 years of experience in the industry, Ruth Ann is considered one of Hawaii's leading public relations consultants on issues management, crisis communications promotional public relations and strategic communications.

Ruth Ann has led successful national promotion launches for such Hawai'i visitor products as the Hawai'i Maritime Center, Aloha Tower Marketplace, Molokai Ranch, The Star Of Honolulu (Paradise Cruise), and Resorts Of Aloha. She also developed and supervised the highly successful statewide ballot-issue campaigns for the University Of Hawai'i (constitutional autonomy) and the Hawai'i Association Of Independent Schools (bonds for construction).

Ruth Ann's primary client-service focus today is on corporate communications, image-building and issue management. She has provided strategic consulting in those areas for such clients as Continental Airlines, Bishop Museum, Stanford Carr Development, Molokai Ranch, University of Hawai'i, Hawai'i Opera Theatre, Waikoloa Land Company, KG Holdings (a Kobayashi Group company), Hawai'i Petroleum Marketers Association, The Honolulu Advertiser, Hawai'i Metal Recycling, and YY Valley Corporation.

Her extensive travel p.r. experience at BCI has included account supervision for such clients as Waikoloa Beach Resort, Continental Airlines, Bishop Museum, Hawai'i Maritime Center, Paradise Cruise, Molokai Ranch, Cooking Across America (Food Network On Tour), Aloha Tower Marketplace, The New Otani Kaimana Beach Hotel, Ilikai Hotel, Hawaii's Plantation Village, and Resorts Of Aloha. Ruth Ann has also led successful product promotions targeting in-state visitors and West Coast consumers for clients such as Kaanapali Estate Coffee, Pineapple Growers Association Of Hawai'i, and the Papaya

Prior to founding BCI in January 1986, Ruth Ann established and led the Honolulu office for Los Angeles-based Mahoney Wasserman & Associates, handling the accounts for Arnold Palmer Golf Management Co., Hilton Hotels Hawai'i and Kuilima Development Company. She was previously appointed the first regional public relations director for Hyatt Hotels Hawai'i.

Along with her career in public relations, Ruth Ann also has a track record in the magazine industry. She has held the positions of managing editor for Hawai'i Business Magazine, and editor of Glimpses Of Micronesia Magazine. That experience also led to BCI being contracted to publish Hawaiian Airlines' inflight magazine for seven years. Ruth Ann has won numerous awards from the Hawai'i chapters of Public Relations Society Of America and the International Association Of Business Communicators; has been named one of Hawaii's "Women Who Mean Business" by Pacific Business News, and was named one of "Hawaii's Enterprising Women" by the U.S. Small Business Administration.

She is on the board of directors for the USS Missouri Association, the Alzheimer's Association; Aloha chapter, the Hawaiian Humane Society, and the Tommy Holmes Foundation. She was also chair of the Hawai'i Chamber of Commerce Tourism Council, president & director of the Outrigger Duke Kahanamoku Foundation, trustee of the Historic Hawai'i Foundation, and president of the Australian-American Chamber of Commerce.


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For Immediate Release - Contact: Keith DeMello

June 20, 2002


Retired Vice-Admiral Robert Kihune Succeeds Ed Carter as the Association’s Chairman of the Board; Retired Captain Don Hess Assumes President Position

Honolulu: The USS Missouri Memorial Association announced today that retired Navy Vice-Admiral Robert Kihune will succeed Ed Carter as the association’s Chairman of the Board. VADM Kihune served as the association’s president since 1998.

He was succeeded as president by the memorial’s chief operations officer, retired Navy Captain Don Hess. Carter will continue his involvement as chairman emeritus.

In addition, the association announced the addition of three new board members:

· Ruth Ann Becker, president of Becker Communications;

· Ron Higgins, founder of Digital Island Inc.;

· William E. Matheson, co-owner of William & Nina Matheson Books, Inc


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January 7, 2003

Museum wants
ancient bones removed

By Debra Barayuga, Star-Bulletin

Claimants of iwi, or remains of native Hawaiians, that were excavated at Mokapu on the Kaneohe Marine Corps Base during the 20th century are unhappy over the Bishop Museum's recent efforts to return the bones to them when reinterment plans are not yet final.

"I'm just very disappointed the Bishop Museum has chosen to do this and didn't allow us to work this out," said Linda Kawai'ono Delaney, of the Prince Kuhio Hawaiian Civic Club, one of 22 groups that have laid claim to the iwi based on cultural or family relations.

Bishop Museum filed a complaint in Circuit Court yesterday asking the court to authorize a party to receive the iwi, referred to as the "Mokapu collection," and that the museum be absolved from any liability related to the disposition of the collection.

The complaint said Bishop Museum cannot determine to which of the groups the collection belongs.

Ruth Ann Becker, Bishop Museum spokeswoman, said the remains were never in the possession of the museum, but belong to the 20-plus groups that claimed an interest in them under the Native American Graves Protection and Repatriation Act.

The claimants had asked Bishop Museum -- and they entered into a loan agreement in August 1999 -- to store the bones until they decide on their final resting place. The agreement drawn by the claimants was for no longer than three years and expired January 2001, but was extended by the claimants.

Despite repeated requests, the claimants have not removed the collection from Bishop Museum. "We need for there to be a final decision on where they will go and move them out of here," Becker said.

The complaint is a "procedural thing to get it moving along so we can free up the space," and not a contentious move on Bishop Museum's part, she said.

But claimants say they have no place to put the bones at this time and are working with Marine Corps Base Hawaii officials to decide where and how they will be reinterred. Also, before the iwi are reinterred, cultural rituals need to take place.

Delaney said Bishop Museum began notifying them in May and August last year to take possession of the collection from Bishop Hall so that the building can be renovated.

"We're aware that they've been patient with us, but for almost 150 years, they've held those ancestors and always had space when they wanted to study them," she said, adding that this has been a very difficult repatriation.

Delaney said they recently sent letters to Marine Corps officials that they have agreed on a reinterment site and should be renewing meetings with them soon.

They have asked the Marine Corps for permission to move the bones to the base.

"Just be patient," Delaney told Bishop Museum. "This is something that has to be done. They have to be given a dignified reinterment."


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July 14, 2005

Repatriation expert
sues museum

Guy Kaulukukui says that Bishop Museum
asked him to violate federal requirements

By Debra Barayuga, Star-Bulletin

A former Bishop Museum expert on repatriation says he was wrongfully terminated in January 2004 because he refused to violate federal requirements governing the protection and repatriation of sacred burial artifacts.

Guy Kaulukukui, a native Hawaiian educator, filed suit Tuesday in Circuit Court against William Brown, president and chief executive officer of Bishop Museum since 2001, and other unnamed defendants.

The complaint alleged that Brown failed to comply with the Native American Graves Protection and Repatriation Act or caused the board or museum staff to violate its spirit and intent on several occasions.

NAGPRA, passed by Congress in 1990, addresses the rights of lineal descendants, Indian tribes and native Hawaiian organizations to human remains and cultural objects.

The complaint also alleges the defendants violated Kaulukukui's rights under Hawaii's Whistleblower Protection Act, which protects employees who report suspected violations of law. Kaulukukui is seeking relief, including reinstatement to his former position and back wages.

Ruth Ann Becker, Bishop Museum spokeswoman, said they had not seen the complaint and could not comment on the allegations. Brown was out of town and not available for comment.

Kaulukukui served several positions since he joined the museum in 1997, including chairman of the Education Department, head of collections and head of cultural studies.

He also chaired the task force that rewrote the museum's NAGPRA policy, which later became nationally recognized by the Association of American Museums as an exemplary prototype, he said.

In 2000, a year before Brown took the helm at Bishop Museum, Kaulukukui was appointed to oversee all repatriation issues, becoming the museum's expert and representative on NAGPRA. Until he was fired, Kaulukukui said, he was involved in four repatriations here and outside Hawaii.

Since Brown took over at Bishop Museum and since Kaulukukui's firing, there have been no repatriations, and Brown has tried to undo two previous repatriations, he said.

"For some reason or another, the museum was moving into a direction toward repatriating as little as possible and interpreting federal law in such a way to protect its collection as much as possible," Kaulukukui said. That is in contravention to NAGPRA's intent to return to native peoples what was taken from them in the first place, he said.

Among the illegal actions Kaulukukui alleges Brown took were invalidating the repatriation of human remains and funerary objects associated with the Kawaihae Caves, relocating of sandstone blocks known as Kalaina Wawae on Molokai, and reneging on a promise to repatriate items removed from Iolani Palace in 1893.

When Brown decided he wanted to undertake a review of the museum's NAGPRA policies, effectively suspending ongoing repatriation efforts, Kaulukukui said he opposed it because it violated federal requirements on the timely processing of claims. He said he refused to sign a letter to the claimant in the ongoing repatriations that explained delays based on untruths and was fired because of it, he said.

A federal review committee found in May 2003 that the museum made a mistake in turning over sacred objects from the Kawaihae Caves to Hui Malama I Na Kupuna O Hawaii Nei, one of 13 claimants who claimed they reburied them. Kaulukukui had defended the repatriation as proper and that they had faithfully complied with federal law.

Hui Malama's actions and its refusal to return the items sparked criticism not only from review committee members, but also from the remaining claimants, who said they never indicated they did not want the items reclaimed from the caves. Requests by the claimants to see the artifacts and verify that they are safe have been refused. Critics have alleged that the loan was a secret deal between the museum and Hui Malama.

                                                            ~ ~ ~

Forbes Cave (Kawaihae Caves)
Artifacts Controversy

(c) Copyright 2003, Kenneth R. Conklin, Ph.D. All rights reserved

In February 2000 Bishop Museum handed over 83 priceless artifacts held by the museum for 95 years, to an ethnic Hawaiian organization (Hui Malama) claiming to represent all ethnic Hawaiians. Everyone understood that the clear intent of the Hui Malama organization was to re-bury the artifacts in a cave where they would never be seen again. Other ethnic Hawaiian individuals and groups strongly objected, and wanted to preserve the artifacts in a way to allow future generations to get knowledge and inspiration from them. Three years later, in 2003, those other claimants were successful in complaining to the federal NAGPRA Review Committee and persuading that committee to hold hearings about the way the controversy was handled.

The NAGPRA review Committee in St. Paul, MN May 9-11 was a major event in the Forbes Cave controversy. For people wanting to read about events taking place from the announcement of the meeting through the meeting itself and until the official report was issued, there is a webpage where the agenda of the meeting is available, along with a fax from Hui Malama to the Secretary of Interior and the Senate Committee on Indian Affairs trying to exert political pressure to remove Forbes Cave from the agenda.

Newspaper articles about the meeting and its aftermath are provided. See:


Here are the official findings and recommendations of the NAGPRA National Review Committee from the May 9-11 meeting in St. Paul, MN.; released August 20, 2003:


For readers wanting a review of the entire Forbes Cave controversy, starting with the “loan” of the artifacts to Hui Malama in February 2000, start here.

An article was published by reporter Robbie Dingeman in the Honolulu Advertiser of April 30, 2003, providing an excellent summary of the controversy. This new Dingeman article was published on the same day as Bishop Museum was holding a breakfast meeting of its board of directors to discuss its position, ahead of the Nagpra Review Committee meeting scheduled for St. Paul MN May 9-11....

Following that are summaries and excerpts of articles published from February to November, 2000 during the period of high publicity that followed the turning over of the Forbes Cave artifacts to Hui Malama.


Honolulu Star-Bulletin, May 13, 2000, By Burl Burlingame:

A summary of the very close on-going personal and financial relationships among Bishop Museum staffers, and leaders of Hui Malama who allegedly fooled Museum personnel into “lending” them the Forbes cave artifacts which were then allegedly re-interred in the cave. All are attending (May, 2000) a major weeklong national convention of the American Association of Museums, mostly at the expense of Bishop Museum.

Some are former staffers of the powerful Senator Dan Inouye, whose position as chairman of the Senate Indian Affairs Committee allows him to get funding for Hui Malama and Bishop Museum. Names include Bishop Museum Vice President Elizabeth Tatar, Hui Malama head Eddie Ayau; Valerie Free; Miki'ala Ayau (sister of Eddie Ayau), Nanette Purnell, Noelle Kahanu (a Hui Malama member and Ayau's domestic partner and former Inouye staffer); museum director W. Donald Duckworth, Guy Kaulukukui (a friend of Miki'ala Ayau).

Although the museum in the past has not generally covered attendees' expenses, it is this year.



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Ruth Ann Becker is expected to testify regarding his business, professional, political and personal relationships with David C. Farmer, Bishop Museum, Mark Polivka, Judge David Ezra, William S. Richardson, Ray Fuqua, Judith Neustadter Fuqua, Daniel Case, Steve Case, Stephanie Case, The Nature Conservancy, Judge Barry Kurren, Faye Kurren, John Marshall, Aloha Airlines, Colbert Matsumoto, Jeff Watanabe, Earl Anzai, Lyn Anzai, Linda Lingle, Bob Awana, Henry Paulson, Goldman Sachs, James Nicholson, Carol Muranaka, Larry Price, Howard Luke, JAIMS, John Waihee, Steven Guttman, Mary Lou Woo, James Aiona, Judge Samuel King, Randall Roth, Jerrold Gubin, Cutter Ford, Governor Linda Lingle, Lt. Gov. James “Duke” Aiona, June Jones, Larry Price, Hawaii State Foundation on Culture and the Arts (SFCA), Hawaiian Airlines, Joshua Gotbaum, Diane Plotts, Sukamto Sia, Ben Cayetano, George Ariyoshi, Walter Dods, First Hawaiian Bank, Cobert Kalama, Dee Jay Mailer, Evan Dobelle, University of Hawaii, Judge Robert Faris, Judge Lloyd King, James Wriston, Judge Ronald Moon, Gensiro Kawamoto, Mark Hemmeter, Peter Savio, Rosemary Fazio, Lawrence Johnson, Kirk Caldwell, Donna Tanoue, Japanese Cultural Center, Bank of Hawaii, Harold Johnston, Grant Johnston, David Banmiller, Michael Tanoue, Stanford Carr, Wally Chin, Honolulu Theater for Youth, David Black, The Consuelo Zobel Foundation, Ron Rewald, Evan Dobelle, Lamar Hunt, Barron Hilton, Marsh & McLennan, Inc., Nainoa Thompson, Kessner Duca Umebayashi Bain & Matsunaga, Judge Susan Mollway, Mark McConaghy, Joshua Bolten, Paul Steven Singerman, Samuel E. Poole II, WCI Communities, Al Hoffman, Jr , James Pflueger, William McCorriston, Jeffrey Portnoy, Malia Zimmerman, Shinzo Abe, Duke Bainum, Japanese Cultural Center of Hawaii, Lazard Freres, Mercer Consulting, Dan Furst, Bishop Museum, Mark Polivka, Michael Nauyokas, Joanne Mucha, Richard Ing, Louise Ing, Paul Alston, James Cribley, James MacArthur, Jeffrey Case, Aon, Volcano Art Center, Guido Giacometti, Susan Tius, Robert Bruce Graham, Mark Hemmeter, Robert Klein, Melody MacKenzie, Honolulu Academy of Arts, Joseph Verner Reed, Jr., Sanford Murata, Steven Katzman, Rosemary Fazio, Robert Richards, Robert S. Toyofuku, Jeannine A. Souki, Esq., Watanabe Ing & Komeiji, Kenneth Conklin, and other entities to be named upon discovery.

Internet References: