Affidavit of Libert Landgraf

posted in: February 1995, Water | 0

In December, Environment Hawai`i published the letter of Sheryl Nicholson to Keith Ahue, in which Nicholson, attorney for the Office of Hawaiian Affairs, described her encounter with Land Board member Libert Landgraf. Below we reprint, in its entirety, Landgraf’s affidavit, providing his view of the meeting.

LIBERT LANDGRAF, being first duly sworn upon oath, deposes and says:

1. Affiant is a member of the Board of Land and Natural Resources and am basing this affidavit on my personal knowledge and belief.

2. On October 28, 1994, I was dining at the Baci Cafe located on Kapiolani boulevard with my wife. At the restaurant, I saw Ms. Nicholson dining with a guest at a table close to our table. She and her guest were engrossed in conversation and I did not speak to them when I first saw her.

3. After I had finished dinner and before I left the restaurant I approached Ms. Nicholson’s table and I did speak to her for no more than a couple of minutes.

4. I did comment on several of Haseko’s witnesses are [sic] being part of a family that I was familiar with and I did explain to her why I was asking questions concerning Parish Drive in Ewa Beach.

5. I do recall telling her that our time had been wasted at the hearing because I felt that the questioning and presentation of evidence by OHA had not been what I expected. I felt that their questions lacked a focus, and it was not clear what they were trying to get at times. It is difficult for me to say this because I do not want to hurt anyone feelings but I feel that the context of my statement and my intent when I said the statement are important and must be stated.

6. I did not recall stating specifically that you do not have to worry about “us” vs. “myself” although I do recall that I did say the big fight was going to be at the Water Commission. If I did say “us” it was a mis-statement on my part because I was only speaking for myself and not for any other board member.

7. Prior to the October 28, 1994 incident at Baci Cafe, I did not speak with any board member including the chairperson about this case. No board member disclosed to me nor did I have any information that would cause me to believe that any other board member decided the case prior to its commencement nor prior to all the evidence being presented. I was not authorized to speak for any board member and I was only speaking for myself.

FURTHER AFFIANT SAYETH NAUGHT.

(signed) Libert Landgraf, December 14, 1994.

— Libert Landgraf

Volume 5, Number 8 February 1995