DEPLETED URANIUM PROCEEDING, JANUARY 13, HILO, HAWAI’I

PRESS RELEASE

Cory Harden

PO Box 10265, Hilo, Hawai’i 96721

808-968-8965 mh@interpac.net

For immediate release

January 8, 2010, Hilo, Hawai’i

Attachment:

Memorandum and Order, January 7, 2010, Nuclear Regulatory Commission, Atomic Safety and Licensing Board

DEPLETED URANIUM PROCEEDING, JANUARY 13, HILO, HAWAI’I

A legal proceeding on an Army application for a depleted uranium (DU) license will be held Wednesday, January 13, from 9 AM to about 3 PM, by videoconference between Hilo, Hawai’i and Rockville, Maryland.

The proceeding is oral argument on standing and contention admissibility before the Atomic Safety and Licensing Board of the Nuclear Regulatory Commission (NRC) regarding hearing requests by four petitioners: Jim Albertini of Malu Aina Center for Non-violent Education & Action, Cory Harden, and Isaac Harp, all from Hawai’i Island, and Luwella Leonardi of O’ahu.

The Army denied having DU in Hawai’i until 2006, when citizen groups obtained information from Army e-mails, then announced the Army found DU spotting rounds the previous year at Schofield Barracks on the island of O’ahu. The spotting rounds were from a classified Davy Crockett weapon system used in the 1960s. The Army acknowledged the find, and later also found spotting rounds at Pohakuloa Training Area (PTA) on Hawai‘i Island. The rounds were also distributed to twelve other states and three foreign countries in the 1960s. There were about 75,000 rounds, each about eight inches long and containing about six and a half ounces of DU alloy.

“It’s unclear whether the Army didn’t know, or didn’t tell, that it had DU in Hawai’i,” says Harden. “But it is clear that information about military hazards in Hawai’i is unreliable.”

Albertini and Harden say that Army searches, reports, and air monitoring plans for DU at PTA are inadequate, so airborne DU from live-fire and dummy bombs impacting undiscovered spotting rounds may go undetected. The same concerns have been expressed by a geologist, a consultant to Los Alamos National Laboratory, and a former Army doctor who is a consultant to the World Health Organization, all from Hawai‘i.

Albertini and Harden call for a search of classified and unclassified records by all military forces in Hawai’i for other forgotten radioactive hazards. Harden asks why an Army report cites a 1996 document about a Davy Crockett DU spotting round at Schofield, when the first find was supposedly in 2005.

Albertini says reports of animal tumors around PTA should be investigated, and says the Army has ignored Hawai‘i County Council resolutions concerning DU.

Albertini and Harp say the Army has not fully disclosed the extent of its DU use in Hawai’i. Harp says there are high cancer rates around PTA, says the Army has violated Federal law, and calls for removal of DU munitions and waste from Hawai’i.

Leonardi says the Army excavated contaminated soil at Schofield, then transported and deposited it near her home, impacting health in her community.

Due to the limited size of the videoconference room at the University of Hawai’i at Hilo, the public may not attend. However the proceeding will appear via live webcast at http://www.visualwebcaster.com/event.asp?id=65044. The webstream will be available for viewing for up to 90 days, and a transcript of the hearing will be posted on the ADAMS system on the NRC website.

A decision on the proceeding is anticipated in February.

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Lind: Hearing next week on challenge to Army license for depleted uranium

http://ilind.net/2010/01/06/hearing-next-week-on-challenge-to-army-license-for-depleted-uranium/

Hearing next week on challenge to Army license for depleted uranium

January 6th, 2010

The Atomic Safety and Licensing Board, an agency of the Nuclear Regulatory Commission, will hold a hearing next week on challenges filed by four Hawaii residents to an Army license to possess depleted uranium at Schofield Barracks on Oahu and the Pohakuloa Training Area on the Big Island.

Those challenging the Army’s depleted uranium license are Big Island residents Jim Albertini, Cory Harden, and Isaac Harp, along with Luwella Leonardi of Waianae.

The Army wants to leave depleted uranium deposited during past training exercises in place both in these two Hawaii sites as well as training areas across the country.

Critics say depleted uranium can cause public health problems, especially when it has burned and created fine radioactive dust particles.

Depleted uranium is very heavy and has been used in various U.S. weapons, including some bullets and bombs, and some heavy armor.

According to a Veterans Administration web site:

DU is a health hazard if it enters the body, such as through embedded fragments, contaminated wounds, and inhalation or ingestion. Simply riding in a vehicle with DU weapons or DU shielding will not expose a service member to significant amounts of DU or external radiation.

The potential for health effects from internal exposure is related to the amount of DU that enters a person’s body.

The hearing before three administrative judges on Wednesday, January 13 will be in the board’s hearing room in Rockville, Maryland. Army representatives will appear before the board in person, while the challengers will participate by videoconference from the University of Hawaii’s Hilo campus.

The hearing will be also be streamed live via the Internet and available for later viewing on the NRC’s web site, although I don’t yet have the URLs.

The Army contends that none of the four challengers has the necessary standing to challenge its handling of depleted uranium because they do not live near the sites and have not proven any actual harm or damage they would personally suffer if the license is granted. In addition, the Army says the arguments raised against the licensing are not specific enough or sufficiently documented to prove that there is a “material issue of law or fact”.

The hearing panel has spelled out specific questions it wants each of the challengers to address in its order setting the hearing.

Isaac Harp of Waimea, who cited “cancer-clusters” near areas where live weapons training has been conducted, has been asked to clarify how he would personally be harmed, and to substantiate a claim that the Army may have used depleted uranium in more than the two areas in Hawaii.

Luwella Leonardi, a Waianae resident, fears contaminated dust from training in Makua Valley threatens her community. She has been asked to “specify the factual foundation for this concern”, including evidence that the dust is radioactive and has a direct impact on health.

Jim Albertini of Malu Aina Farm, who argued the Army has failed to address the hazards of inhaling depleted uranium, has been asked to provide specific information that disputes the Army’s position.

Cory Harden, affiliated with the Sierra Club’s Moku Loa Group, wants to see independent air monitoring by the federal government. The Army says Harden’s petition failed to meet an administrative deadline and should be disregarded.

Harden also submitted additional information, including background and newspaper stories, available in a large pdf file.

Air Force telescope faces delays

According the Hawaii Tribune Herald, the Air Force Pan-STARRS telescope proposed to be built on the sacred mountain Mauna Kea has been delayed, in part by cost overruns.  The article states:

When complete, Pan-STARRS will scan the heavens for “near-Earth objects,” comets and asteroids that pose an impact threat to Earth. The Air Force funding has sparked protests that the telescope is a secret military installation, but project leaders maintain that it is intended only for civilian purposes and that all data collected will be unclassified.

Who can believe that? What’s more this is one of a new wave of telescopes poised to invade the sacred mountaintop:

Pan-STARRS is one of three new telescopes coming to Mauna Kea. The smallest, Hoku Ke’a, the University of Hawaii at Hilo’s 0.9-meter telescope, will be installed in the former housing of the 0.6-meter telescope soon. The largest, the Thirty Meter Telescope, may have a final EIS released to the governor by the end of this month.

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www.hawaiitribune-herald.com/articles/2010/01/07/front/

Telescope EIS faces delays

by Peter Sur
Tribune-Herald Staff Writer

Published: Thursday, January 7, 2010 9:44 AM HST

The environmental study for an asteroid-hunting telescope proposed to be built atop Mauna Kea will be delayed.

The University of Hawaii Institute for Astronomy had hoped to release a draft Environmental Impact Statement sometime early this year for the Panoramic Survey Telescope And Rapid Response System, better known as Pan-STARRS.

That will be delayed for between 12 and 18 months while astronomers focus on fine-tuning the telescope’s prototypes on Haleakala.

READ MORE.  Note: The Hawaii Tribune Herald charges for access to archived articles.

Conversion of Kulani Prison to military school delayed

Governor Lingle suddenly and unexpectedly closed Kulani Prison, one of the most successful offender treatment programs in Hawai’i.  Why?  She said it was to save money.  She then said that the facility would be turned over to the Hawaii National Guard to convert it into a Youth Challenge military school.  However, this article reports that the National Guard has neither the funds nor the plan to implement this convesion.  So what’s the real reason for the transfer to the military?   Prison reform, environmental, Hawaiian sovereignty and peace activists now suspect that the land transfer may have more to do with the military gaining access to 8000 acres of Waiakea forest for training purposes.   Stay tuned…

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http://www.honoluluadvertiser.com/article/20091228/NEWS0101/912280329/Prison+won+t+be+converted+into+teen+camp+until+2011

Posted on: Monday, December 28, 2009

Prison won’t be converted into teen camp until 2011

Advertiser Staff

The state’s plan to convert Kulani prison into an academic and military training camp for teenagers is being delayed a year, according to a report in the Hawaii Tribune-Herald.

The Hawaii National Guard in July announced plans to open a Youth Challenge Academy next month at the former site of Kulani prison.

But then officials realized program employees must receive a full year of training before they begin working with students.

They also needed to wait for federal funding to be approved for the new camp.

The Guard now aims to welcome its first class of 100 students at Kulani in early 2011. It expects to enroll two classes each year.

The state shut down Kulani prison in October as part of broader government-wide spending cuts to cope with declining tax revenues.

Army closes Pohakuloa to hunting due to ‘vandalism’

The Army recently closed the Pohakuloa training area closed to hunting due to “vandalism, theft and destruction of government property.”   That’s a good one!  The Army takes the land by fiat, fires all manner of weapons, including depleted uranium, then accuses hunters of ‘vandalism’.

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http://www.honoluluadvertiser.com/article/20091218/BREAKING01/91218035/Pohakuloa+Training+Area+closed+to+hunting

Updated at 1:22 p.m., Friday, December 18, 2009

Pohakuloa Training Area closed to hunting

Advertiser Staff

The Army said it will temporarily close all public hunting in its Pohakuloa training areas because of recent vandalism, theft and destruction of government property.

Mike Egami, public affairs liaison officer for U.S. Army Garrison Hawaii, said gate locks were shot out at the

Big Island training range, and a generator was missing.

The damage probably occurred over the past couple of weeks, he said. Bird hunting and pig and goat hunting are allowed under certain conditions at the training range.

Department of Army police are conducting a thorough investigation of the incidents.

The Army acknowledged the inconvenience to wild game hunters, and said it expects to complete the investigation in a timely manner. Pending the results of the investigation, a final determination will be made concerning continued use of Pohakuloa training area hunting grounds.

Current status updates on the temporary hunting suspension are available by calling the PTA Hunters Hotline at 808-969-3474.

Further questions may be directed to Egami at 656-3152.

Public Hearings on Saddle Road project near Pohakuloa Training Area

Action alert from Jim Albertini on Hawai’i Island:

Aloha Kakou, REMINDER

There are two public hearings this week for the Saddle Rd. project on the west side of Pohakuloa Training Area (PTA) through or around the military’s newly acquires 24,0000-acre Keamuku area from the 42 mile marker to the upper Rd to Kona.

As part of the EIS, possible depleted uranium contamination was suppose to be addressed. One independent geologist reviewing the data said DU presence may be understated in the EIS draft, and he questions the kind of testing done. We are awaiting other comments from independent scientist.

Come to the hearings and learn more and present your concerns. Please pass the word to others.

The hearings are:

Wednesdau, Dec. 9, 2009 5PM at Aunty Sally’s Luau Hale, 799 Piilani St. Hilo (near the Kanakaole Tennis stadium/Merry Monarch festival.

Thursday, Dec. l0, 2009 from 3:30-7:30PM in the Natural Energy Lab of Hawaii Authority, Gateway Energy Center, 73-4460 Queen Ka’ahumanu Highway, Kailua-Kona

The format for both is a one hour open house format to review displays, followed by a brief presentation then public testimony.


Mahalo.

Jim Albertini
Malu ‘Aina Center for Non-violent Education & Action
P.O.Box AB
Kurtistown, Hawai’i 96760
phone: 808-966-7622
email: JA@interpac.net
Visit us on the web at: www.malu-aina.org <http://www.malu-aina.org>

VIDEO: Ohana Hoopakele wants puuhonua at Kulani

Watch video of the ‘Ohana Ho’opakele press conference on Hawai’i island against the closing and militarization of Kulani prison and for a pu’uhonua (place of refuge and healing).

http://www.bigislandvideonews.com/2009/11november/20091120kulani.htm

VIDEO: Ohana Hoopakele wants puuhonua at Kulani

Ohana Hoopakele holds press conference

November 20, 2009 – Hilo, Hawaii

VIDEO by David Corrigan

As the sun sets on the operation of the Kulani Correctional Facility, a group opposed to the closure held a press conference in Hilo on Thursday to present an alternative.

Ohana Ho’opakele made a statement to the media in front of the Hale Kaulike splintered paddle sculpture, calling for 3 points of action: keep the Kulani minimum security prison open and functioning, allow Ohana Ho’opakele to work with the Department of Public Safety to build a functioning Pu’uhonua at Kulani, and “No military training at Kulani by the State Department of Defense or the U.S. Military.”

The group pointed to a Board of Land and Natural Resources meeting held on Oahu on Thursday, where the U.S. Army Corps of Engineers was seeking the issuance of a Right-of -Entry Permit for Kulani Correctional Facility. Ohana Hoopakele said they fear the area will eventually be turned into a military training area.

The Hawaii National Guard has already said they plan to establish a Youth Challenge Academy at Kulani.

The group hopes the pu`uohonua plan, if it ever comes to pass, would serve as the model for rehabilitation across the state. The area would become a place of refuge, under the Hawaiian process of ho’oponopono (to make right). It would also teach sustainability, stewardship, and other rehabilitative programs like the ones already employed at Kulani.

Ohana Ho`opakele says they are getting a related bill together for the upcoming legislative session.

Will former Kulani prison site become a military training facility?

Call to Action by Community Alliance on Prisons (CAP)

Background:  Governor Lingle ordered the closure of Kulani Prison and its conversion to a Youth Challenge facility, a school run by the military.   The State of Hawai’i Board of Land and Natural Resources (BLNR) meeting  will be on

THURSDAY, NOVEMBER 19, 2009
9:00 A.M.
KALANIMOKU BUILDING
LAND BOARD CONFERENCE ROOM 132
1151 PUNCHBOWL STREET
HONOLULU, HAWAII 96813

The BLNR is being asked to approve a Right-of-entry permit for the Army Corps of Engineers to investigate whether there are unexploded munitions hazards in the area, which is a former military training area.    While the clean up of munitions is a good thing, the question that arises is why the urgency now? What are the undisclosed future plans for the site?

Native Hawaiian prison reform activists have been calling for creation of Hawaiian cultural based centers for healing and rehabilitation of substance abuse offenders for many years. They have requested that the Kulani prison site be converted into such a facility for their use. But the state chose to militarize the facility.

There is talk that the state’s long term plans are to turn the site into a military warfare training facility.   We need to stop this military land grab!  Convert Kulani into a pu’uhonua (place of refuge and healing).

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Here’s the message from CAP coordinator Kat Brady:

CALLING ALL SOCIAL JUSTICE AND ENVIRONMENTAL ADVOCATES!

As you know, the Gov has closed Kulani Correctional Facility – one of the most successful minimum security prisons in Hawai`i with the leading sex offender treatment program (SOTP). Nationally, statistics suggest that 11% of individuals who were in the SOTP while incarcerated committed another sex crime within two years of release. In Hawai`i the recidivism rate is LESS THAN 2% since 1988 (21 years) for an individual who was in the SOTP while incarcerated.

On Thursday, the BLNR will be addressing a permit application from the US Army Corps of Engineers (USACE) for a right-of-entry to do an environmental investigation.

Why is the USACE concerned now when the facility has been populated for 63 years and they never looked?

The purported MOU with Youth Challenge is not even signed yet – what’s up with that?

Is Youth Challenge a smoke screen to expand military training? There are plenty rumors around saying that this is so.

The forest around Kulani (that inmates maintained and cared for on several projects) is being considered as a Natural Area Reserve requiring an enhanced level of protection

Are we going to stand by while a valuable PUBLIC asset is handed off?

Shouldn’t we have input on the future plans for Kulani?

PLEASE TELL THE BOARD THAT NO DECISION SHOULD BE MADE UNTIL FULL DISCLOSURE IS MADE ABOUT THE FUTURE OF KULANI AND THE PROTECTION OF THE SURROUNDING PRISTINE RAINFOREST….

PLEASE SPEAK UP OR WE WILL LOSE THIS FOREVER…..

Kat Brady, Coordinator

COMMUNITY ALLIANCE ON PRISONS

76 North King Street, Suite 203

Honolulu, HI 96817

Watch * Hawai`i InJustice *

Tuesdays @ 8:30 P.M. on O`ahu

`Olelo Channel 54

Watch Online at the same time

at www.olelo.org – click on Channel 54

Here is the testimony from CAP:

COMMUNITY  ALLIANCE  ON  PRISONS

76  North  King Street,  Honolulu,  HI   96817

Phone * E-Mail: (808) 927-1214 *  kat.caphi@gmail.com

TESTIMONY BEFORE THE BOARD OF LAND AND NATURAL RESOURCES

ITEM D-1:  RIGHT-OF-ENTRY PERMIT TO U.S. ARMY CORPS OF ENGINEERS

ON LANDS ENCUMBERED BY EXECUTIVE ORDERS 1225, 1588, AND 3092

KULANI CORRECTIONAL FACILITY TMK: 2-4-008:009

Aloha Chair Thielen and Members of the BLNR,

My name is Kat Brady and I am the Coordinator of Community Alliance on Prisons, a community initiative working to improve conditions of confinement for our incarcerated individuals, improve the quality of justice in Hawai`i, and enhance public safety by promoting smart justice policies.

The US Army Corps of Engineers (USACE) is applying for a right-of-entry permit to do a remedial investigation/feasibility study under the Defense Environmental Response Program and the Military Munitions Response Program.

Community Alliance on Prisons is offering comments on this application today because on its face, this application appears to be innocuous. However, to those of us who have been in the trenches working on prison and environmental issues, it is the cause of great concern.

Some background:

Kulani was encumbered to the Department of Public Safety (PSD) by Executive Orders No. 1224, 1588, and 3092. It has operated since 1946, first as a work camp for 120 inmates and then as a Correctional Facility for 160 minimum security inmates.

The footprint of the facility consists of 20 acres. It is surrounded by pristine rainforest with choke endangered species. There have been discussions about making this amazing forest a NARS area, calling for a higher level of protection.

Questions:

Community Alliance on Prisons wonders why the USACE wants to conduct an investigation now when there have been incarcerated individuals and staff on the grounds for 63 years. Why the urgency?

Is it because of the Governor’s announcement that the state will turn this much needed minimum security facility over to the state DOD’s Youth Challenge program?  That would be interesting since we have been advised that there is no agreement in place as yet.

Could the USACE be conducting an investigation to see if Kulani could be used for a long-term warfare training site with the Youth Challenge program being just a smoke screen to soften the blow?

This application opens the door to many questions that must be asked by you, the trustees for these fragile and precious resources.

  1. What is the long-term plan for Kulani?
  2. What signed agreements for the future use of Kulani are in place as of today?
  3. Has the community been invited to offer their comments on the future plans for Kulani? If not, why not?
  4. What is the state’s liability if USACE finds contamination?
  5. What are the plans for forest protection and restoration?
  6. Who from the state will be monitoring the work at Kulani?
  7. Will there be a report of the investigation available for public comment and scrutiny?

Community Alliance on Prisons urges the Board of Land and Natural Resources to probe deeper and find out the true reason that Kulani Correctional Facility is being abandoned by this administration when they testify that they need minimum security beds.

Something is very wrong. Please, on behalf of the citizens of Hawai`i, don’t make any decision on this or any other application until you and the public know what is proposed for the future of Kulani.

This half-baked plan has been a disaster for the county of Hawai`i and is a very serious blow to public safety and Hawai`i’s correctional system.

To quote a famous Japanese proverb:

Vision without action is a daydream

Action without vision is a nightmare

Please think seven generations down your family line and consider the impact of your decision regarding Kulani. Do you really have enough information to make a reasoned and informed decision that is in the public interest?

Mahalo for this opportunity to share our concerns.

Report on protest at Hilo Veteran’s Parade

Aloha kakou,

About 40-50 people in total turned out, during the nearly 3 and l/2 hour protest at today’s Hilo Veterans Parade. The protest focus was the U.S. illegal wars of aggression and occupation in Iraq and Afghanistan and the military including vehicles from Pohakuloa Training Area (PTA) recently returned from Iraq. Among those present were Kanaka Maoli leaders, Kelii, “Skippy” Ioane, a Vietnam vet, Moanikeala Aka, Moana Tavares, and Noelani Mason, who together with David Schlesinger and others were broadcasting the protest live on Youthbuiltmedia.com <http://www.youthbuiltmedia.com/> . Also joining the protest was 95 year old Don Swergfegger, a retired methodist minister. About l500 leaflets were distributed to people along the parade route and even some parade participants. The leaflet was entitled “Help Protect Veterans & Public Health.” It warned about the dangers of possible DU contamination of the military vehicles in the Hilo parade.

PTA’s commanding officer, Lt. Col. Warline Richardson’s words that there would be no mobile weapon systems on military vehicles in todays’ parade turned out to be false Two command Stryker vehicles at the end of the parade (just in front of the ending firetruck) were preceded by several Humvees armed with machine guns. It’s interesting that the Strykers and Humvees were placed at the end of the parade, even though we stated clearly we had no intent of blocking such vehicles. The military obviously did not believe us. They made sure that if we attempted to block the Strykers it would only block them and not the rest of the parade. It should also be noted that members of a right wing citizen group called “The Eagles” were walking as escorts for the Strykers and there were several Hawaii County police on bicycles also acting as a security escort for the Strykers.

The Strykers and Humvees, recently returned from Iraq, are currently training at the PTA in the center of our island home that is officially acknowledged to be contaminated with DU. Hawaii’s Stryker brigade is training for redeployment to either Iraq or Afghanistan. These vehicles participated in the Hilo parade in violation of Army Regulation 700-48 according to Doug Rokke, PH.D. Major, reitred U.S. Army, and Director U.S. Army Depleted Uranium (DU) Project. Rokke says: “Any and all combat vehicles and equipment (everything) returned from Iraq should be prohibited from any civilian area. (including this parade) A standard wash rack is useless for decontamination… Army regulation 700-48, section 2-4 requires isolation from all human contact. Even after extensive depot level cleaning I found DU, and other radiological, chemical and biological contamination in vehicles years later. The gross contamination of equipment, vehicles, terrain, air, water, soil and food is reflected in, and verified by the hundreds of thousands of US casualties with serious medical problems that are unrelated to bullets or bombs, but are directly related to all of these toxic exposures. Hawaii’s isolated and pristine environment should not be exposed to, and consequently placed in danger through, any exposure to any of the contaminants brought back by the US military from war zones.”

All in all, the day of leafleting and protest went very well. There was minimal hostility. The leaflet was crafted to focus on protecting Veterans and Public Health. Who can be against that? We had a very good location for the protest and even many of the vets in the parade gave positive thumbs up signals to many of our signs such as: “No War Surge,” “Protect the Troops from DU,” “Aloha Means Peace,” “Stop the Wars,” and “End Occupations.” Clearly the current wars are not popular even at a veterans parade. And the fact that the Strykers — the modern chariots of empire, had to be placed last in the parade and be under right wind (Eagle) and police escort, was a sign of the military’s unpopular status as occupier of the independent nation of Hawaii.

There will be a peace meeting on Monday, Nov. 9th 7-9PM at the Keaau Community Center. Among items for discussion will be an evaluation of today’s protest and next steps for justice and peace. Please come and bring friends. We need everyone’s mana’o.

Mahalo.

Jim Albertini

Malu ‘Aina Center for Non-violent Education & Action

P.O.Box AB

Kurtistown, Hawai’i 96760

phone: 808-966-7622

email: JA@interpac.net

Visit us on the web at: www.malu-aina.org <http://www.malu-aina.org>

Hilo groups will protest Strykers on parade

According to the Honolulu Advertiser article Strykers will be included in the Hilo Veterans parade:

Organizers hoped to keep word of the vehicles a secret from peace activists like Jim Albertini of the Malu Aina Center for Non-Violent Education and Action, in an attempt to ward off conflict.

Albertini found out anyway, and on Sunday wrote an open letter to Lt. Col. Warline Richardson of Pohakuloa Training Area, asking that the vehicles be kept out of the parade.

Albertini says he’s concerned that the presence of the vehicles “glorifies war” under the guise of honoring veterans. He’s also raised concerns that the Strykers, which are involved in training exercises at Pohakuloa, could be contaminated with depleted uranium and may pose a health risk to citizens.

Richardson called Albertini on Monday to confirm that two Strykers would be in the parade, but they would be unarmed command vehicles. There would be numerous other, non-controversial vehicles in the parade, including an ambulance and transport vehicles.