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Support James with His Legal Defense

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My name is James, and I am a lifelong resident of Hana in East Maui, Hawai’i. I am a father of two young daughters (eight and four years old) and a husband. I’ve been working with the non-profit organization Ma Ka Hana Ka Ike for the past 12 years, building and remodeling houses for the kupuna of my community in Hana and teaching building and construction to the students of Hana school.

For those of you who know me, I am not the type of person who likes asking for help. But today, I am humbly reaching out to all of you for support as I am going through an unjust legal battle that requires substantial funds to prove my innocence.

The Situation

Three years ago, on July 21, 2019, at Koki Beach Park in Hana, Maui, there was an incident that has been negatively following me ever since. Those involved were: me, two of my friends, and visitors from Arizona.

On our way home that evening, we first saw a rental car parked at Koki. We stopped to check what was happening because seeing a car parked there after dark was odd. We then saw a tent next to the ahu in the grass and decided to inform the campers that this spot was not a designated camping zone. Koki is a valued space in the community, built and maintained by Hana residents. Camping is not allowed in this area because it is not set up for it, there are no toilets and no trash cans, and no one is paid to clean up after people who are disrespectful and leave a mess; it's usually myself or other local beachgoers who stop and take accumulated trash to the dump. I firmly believe that many other Hana residents would have stopped to let these campers know it is not permitted to stay overnight in that location. Residents must regularly inform visitors where the two nearest designated camping spots are, as it is common for vans and tents to be set up at unauthorized spots around Hana. My two friends and I just happened to be the first to come upon these campers as my home is just moments away from Koki.

The first person who approached us was a notable MMA fighter from Arizona. From the start of our interaction with him, he was agitated and did not want to hear what we had to say. We continued telling him he had to move along, which triggered him to the point where he punched me a few times in the face. So it turned into a physical altercation. One of my friends was able to come to my aid and was also forced to defend himself against the camper. (He was injured that night, and I had to go to the ER 3 days in a row after the incident because of a cut in my mouth from being punched).

Only after the physical altercations were nearly over did we learn from the camper’s girlfriend that there were kids in the tent. At this point, the family left, and myself and my two friends returned to my home in shock at what had just happened. Unbeknownst to us, they called 911, met up with the police in Hana and were providing statements. I saw blue lights from my house at Koki, and the non-injured friend and I voluntarily walked back to Koki to discuss what had happened with the police. We were arrested at this point based solely on the campers’ convoluted statements, and our injured friend was brought in the following day for questioning.

I must say that I deeply regret that this ever got physical. But I also can confidently say that I did not negatively approach this situation to instigate a fight. My sole intention was to preserve this special place and offer legal alternatives to these campers. Unfortunately, I was placed in a position to defend myself and am now being put through the legal wringer.

The original charges from that night were third Degree Assault. But it does not end there….

The remainder of the timeline after July 21, 2019 is as follows:

August 2019 - the male camper called the Hana Police Department to add further information to his statement and to press charges.

September 2019 - Our first court date. The initial charges were dismissed without prejudice.

October 2019 - The male camper returned to Maui to testify in front of a Grand Jury.
In his grand jury testimony, the story evolved to be a story where 6 to 8 men attacked him, insulted him of being a “fucking haole,” threatened and tried to “kill him in front of his kids,” “hit him in the back of the head 40 to 50 times”, “kicked and skull stomped him in the face 20 to 30 times”, “hit him in the body over 100 times”. He also brought his kids to testify that 2-3 men surrounded their tent to terrorize them and prevent them from escaping.
The details of this new story were never mentioned in any of the previous police interviews, and for those who know me, these accusations are impossible. When I first read the transcript of the complaining witness’s Grand jury testimony, I was shocked at the story he made up: it went from a 3 to 5 minutes altercation to a full-blown five-round fight with a detailed description of MMA techniques being used and number of strikes that no average human would be able to survive, yet his only injury documented that night was a cut on his knuckles. I do not know this person’s motivations for attempting to have me charged in such a manner, but in the end, it will affect my life if I cannot appeal the jury’s verdict.

The trial against me started on 05/23/2022 and finished on 06/07/2022 -
During the trial all of the presented evidence did not support any of these new accusations:
  • the police testified that no fair and proper investigation was made;
  • The police testified that the kids were sleeping that night and didn’t see the incident, and therefore the kids never gave an initial statement;
  • The bodycam of the police shows no injuries on the complaining witness and also shows him saying, “I think I'm okay” ; “I got hit in the back of the head of few times”;
  • In parts of the 911 call, before knowing she was being recorded, the complaining witness’s ex-girlfriend says, “ This shouldn’t have happened. You were lipping off ” “I seen you throw the first punch”;
  • She also testified that she had never heard the word « haole » being said during the incident and only learned about it just before the trial. 
Regardless, the jury found me guilty based on the testimonies of the camper, his kids and his ex-girlfriend.

As a result, I am facing these serious charges:
Attempted assault of 2nd degree,
Terroristic threatening,
and Two counts of endangering the welfare of a minor.

On August 31st, 2022, I will be sentenced, facing up to 5 years in prison and $10,000 in fines. I have already sought help from friends and family to show the judge that I am not the person I am being painted to be and I have received over 60+ character letters. I am beyond grateful for this tremendous support and hope these letters will considerably impact the judge’s final judgment.

Looking back at it, I would have never imagined stopping at Koki that night would have unfolded the unfortunate way it did, and I am incredibly regretful for this incident. I have told campers many times that they need to move along because camping is illegal in this area, and it’s not set up for camping. I’ve always done it respectfully and never experienced such an aggressive response. If you know me, you already know that it is not in me to be aggressive or disrespectful. I am a very mellow person, and I don’t like confrontation.

Having these felony charges on my record will limit my ability to provide for my family, reach my goal of getting my general contractor’s license to further my professional path and create great job opportunities in Hana for the students I have taught throughout the years.


Taking my daughters to their first concert.



Ma Ka Hana Ka Ike building program crew after building a kupuna cottage.


Teaching building and construction class at Hana school.


What are the funds going to be used for?
Because the jury has come to a guilty verdict, I am preparing to appeal; to do so, I need to hire a new lawyer. The costs of these legal services start at $25,000 (lawyer council rate/hour, trial transcripts, filing fees, postage and copies, etc.) and could go up to $35,000 depending on how long the appeal process will take. This process often takes 2 to 5 years to complete.

If you want to help but are not comfortable donating online, please contact me at James Freudenberg-Pu P.O. Box 412, Hana 96713 HI for alternative donation methods or you can use Venmo @James-Freudenberg-pu. I will keep everyone on this platform apprised of money raised elsewhere so that an accurate total is known to all who have supported me.

Mahalo nui loa!

James

***All details and facts are accurate to the best of my knowledge. I do not intend to be inflammatory to any party involved. As this is an ongoing legal matter, I will not provide the names or other personal details of those involved. I also kindly ask that if you do know details of anyone else concerned that you do not share them publicly to preserve everyone's safety and wellbeing.***


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Organizer

Moeani Freudenberg-Pu
Organizer
Hana, HI

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