A 47-year-old Pahoa woman arrested twice in a two-day period on Mauna Kea Access Road was ordered to undergo a mental examination after causing a disturbance in her initial court appearance Tuesday.
A 47-year-old Pahoa woman arrested twice in a two-day period on Mauna Kea Access Road was ordered to undergo a mental examination after causing a disturbance in her initial court appearance Tuesday.
Cynthia “Lahi” Vershuur Marlin appeared to be in emotional distress while awaiting her turn before Hilo District Judge Harry Freitas. When her case was called, and Deputy Public Defender Isaac Ickes addressed the judge, Marlin exclaimed, “I told you not to speak for me!” Turning to the judge, she said, “Can’t you just ask me?”
Marlin was arrested late Monday night and charged with disorderly conduct, a misdemeanor. According to court documents filed by police, a complainant reported Marlin “was on the Mauna Kea Access Road chanting in an unknown language and yelling at him and other people in the area that she owns the mountain and that she belongs there and demanded that she be allowed to sleep there.” The complainant said Marlin “took off her clothes and ran around for about a minute then put her clothes back on and continued to chant and yell in an unknown language.”
Police say Marlin still was chanting and yelling when they arrived to arrest her.
Prosecutors added a second charge of open lewdness, a petty misdemeanor, during the court hearing.
When Freitas mentioned an “extended coverage” application had been filed by the Tribune-Herald to photograph court proceedings, Ickes objected, a standard move by defense attorneys, on grounds the publicity could make it difficult for Marlin to receive a fair trial.
When the judge told Marlin the application was for news coverage, Marlin, a Libertarian candidate for lieutenant governor last year, screamed, “Fine!” Turning to the courtroom gallery, she added loudly, “Please, I want transparency! That’s what I stand for!”
The judge granted the application.
When the Tribune-Herald took photographs, Marlin turned to the photographer and yelled, “I have not signed a release! Stop taking pictures in court! That’s illegal.”
When Ickes asked that Marlin, who’s in custody on $1,100 bail, be granted supervised release pending her mental evaluation, Marlin piped up again.
“House arrest. That’s fine,” she said.
Deputy Prosecutor Glenn Shiigi requested Marlin’s bail be maintained, saying he couldn’t confirm her living situation and noting she had been uncooperative with authorities since her second arrest.
Freitas seemed prepared to release Marlin from custody.
“Ms. Marlin, I have a question for you, now,” the judge said. “If I let you go, and I order you to come back to court, are you going to come back?”
Marlin said nothing or something inaudible, and the judge added, politely, “I can’t hear you.”
“Yes!” Marlin yelled.
“Ms. Marlin, I want to make sure you and I are perfectly clear,” Freitas said, firmly. “I’ve been giving you a lot of respect. I’ve been giving you a chance to speak, and you have only (been) obstructive. If I think that you cannot be released to the community, ’cause you’re only gonna be screaming at people out there, I’m not gonna let you go. Am I clear, ma’am?”
“Yes,” Marlin said.
“Thank you very much,” the judge replied. “My question again. If I release you, and I order you to come back to court, are you gonna come back to court as ordered?”
“When am I ordered to come back?” Marlin asked.
“I’m gonna give you a date very soon,” the judge replied. “Are you gonna come back on the date I order you to come back?”
“That depends if I’m available,” Marlin said. “And I would like to see you after court today.”
At that point, Freitas maintained Marlin’s bail, granted the defense request for a mental examination, and set a hearing for 1:30 p.m. Aug. 11.
Marlin also was arrested early Sunday morning by a sheriff’s deputy after allegedly hitting an Office of Mauna Kea Management ranger’s vehicle with her car after not being allowed to drive past a roadblock. She was charged with obstructing the roadway and property damage and was released from custody after posting $500 total bail on the two petty misdemeanor charges.
Her court date on those charges is Aug. 20.
Protesters of construction of the Thirty Meter Telescope on Mauna Kea, who call themselves protectors of the mountain, have moved to distance themselves from Marlin’s actions. In a video posted late Monday night on the Na‘au News Now Facebook page, Bronson Keola Kobayashi said he wanted to “reiterate … she is not affiliated with the kapu aloha movement because her actions aren’t dictating that.”
“We’d just like to say we love her (and) send her some pules (prayers),” Kobayashi added.
Email John Burnett at jburnett@hawaiitribune-herald.com.