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IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT STATE OF HAWAII JOSEPH A. BRESCIA,

) Civil No. 08-1-0107 ) (Other Civil Action) Plaintiff, ) vs. ) ) DECLARATION OF CAREN DIAMOND KA`IULANI EDENS-HUFF; PUANANI ) ROGERS; DAYNE GONSALVES; LOUISE ) LISTMAN also known as LOUISE SAUSEN; ) JEFF CHANDLER; HALE MAWAE; and ) DOE DEFENDANTS 1-200, ) ) Defendants. ) _____________________________________ ) ) JEFF CHANDLER, ) ) Third-Party Plaintiff, ) vs. ) ) JOSEPH A. BRESCIA; PUA AIU, et al., ) ) Third-Party Defendants. ) ) DECLARATION OF CAREN DIAMOND I, CAREN DIAMOND, under penalty of perjury hereby state: 1. The statements below are based upon my personal knowledge. 2. On June 25, 2009, several concerned community members left messages at my home reporting tree cutting in the shoreline area at Naue. 3. On June 26, 2009, I went to Naue both to swim and photograph the tree cutting. 4.

When I arrived, there were 2 police cars parked on the road fronting Brescia's.

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I went to the beach fronting the Brescia property in the Wainiha II Subdivision.


6. From the large whole in the black fence on the beach side , I saw workmen raking, sawing trees and clearing the area seaward of the construction in the vicinity of the 23 Iwi that are located seaward of the house. 7. An orange fence recently erected in early June on the expired shoreline blocked the beach. 8. I filed a complaint with the police officer about the fence across the beachfront. 9. We stood on the lot 5 side of Brescia's , the wind blew the bottom of the black fence in so we could see many fresh cut stumps and the workmen still cutting more trees. 10. There were many large stumps visible where the False Kamane Trees had stood. 11. There was a rope around one of the trees. 12. I asked the officer to call SHPD and Nancy Mc Mahon as no archaeologist was present. 13. The activities caused immediate concern due to the large tree roots and their close proximity to the Iwi, and I let the officer know I would stay as the community monitor until the archaeologists arrived 14. Many trees had been cut down outside the footprint of the structure, seaward , some guys were loading the truck with the cut trees, others were raking the area where the trees had been cut and cleared.

15. I was not able to see if the stumps were cut to the ground level or if they were dug out, but I observed the worker raking the area smooth where they had cut the trees earlier, no stumps were visible like the ones they were still cutting. 16. .The rope around the remaining stumps looked like they were going to remove the large stumps from the ground .

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17. The stumps were located right next to the orange fences around the multiple Iwi . No buffer existed between the Iwi and the trees being cut or the workers 18. No archaeologists was present on site . 19. A neighbor had joined me, and although we were on the beach, Gallante came out and asked what we were doing. I responded by saying I was the community monitor for the day and asked where the archaeologist monitor was, and why he was not there 20. Gallante told us “you know how it goes, you have to call Joe Brescia or his attorney” 21. We stated our concern about the imminent ground disturbance and lack of on site archaeologists. 22. We went to the neighbors house and I took more photographs from there. 23. The workers were cutting, clearing and raking in very close proximity to the orange fences that mark the Iwi outside of the house footprint. 24. There was little or no buffer between the area the men were working and the Iwi . 25. Attached as Exhibits “A”, “B”, “C “ and “D”are photographs I took, which truly and accurately depicts the view of the construction site as I viewed it from the public beach, and the neighboring properties. 26. Image 4810, shows the remaining stump of the recently cut trees right next to a marked burial on the makai , lot 5(west) side taken from the seaward side of lot 5.. 27. Image 4843 shows the house being built, viewed from the east side of the property looking toward the ocean. 28. Construction activity and equipment were set up in what appears to be directly over and around the iwi 29. There was lots of construction activity and storage under the footprint of the house, around, on or near Burial #4

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30. Image 4869, the blue-shirted worker was raking the area where the trees had been cut and cleared next to either Burial 10 or 18

31. Image 4857, show 2 workers standing right next to Burial 11, 12, or 20. 32. Attached as Exhibits “A” through “D” are photographs which truly and accurately depicts the view of the construction site as I viewed it both from the beach and the adjacent lots. 33. Gallante appeared again with a video camera and stuck it in my face and demanded to know what I was doing there.

I declare under penalty of perjury that the foregoing is true and correct.

DATED: Wainiha, Hawai`i, July 2, 2009.

__________________________________ CAREN DIAMOND

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2009 07 06 DECLARATION_2 Diamond[2]