Cause No. 16-666-A
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STATE OF TEXOMA
v.
KOLTON WONG,
Defendant.
IN THE CRIMINAL DISTRICT COURT
OF
LANDRY COUNTY, TEXOMA
STIPULATIONS OF THE PARTIES
The parties agree and stipulate as to the following:
I.
This is a criminal trial that will be tried before a jury. The Prosecution is being made by
and in the name of the State of Texoma. Kolton Wong is the Defendant. The Defendant has
been charged by information with the criminal offense of impersonating a foreign diplomat. This
will be a bifurcated trial. The parties will only try the issue of guilt or innocence. Should the
Defendant be found guilty, there will be a separate trial on the issue of punishment at some
future date. An appropriate punishment or the range of punishment is, therefore, not at issue in
this trial and is not to be argued. Each person who is a witness has been properly advised of
their constitutional rights.
II.
The Information reads as follows:
In the name and by the authority of the State of Texoma, the Criminal District Court of
Landry County, in said court at said Term, do present an information that one Kolton Wong, on
or about the 22nd day of June, 2016, in Landry County and the State of Texoma, did commit the
crime of impersonating a foreign diplomat, in the County of Landry, located within the State of
Texoma, against the peace and dignity of the State. Signed by A. C. Ducey, the Criminal
District Attorney of Landry County, Texoma.
III.
There are no defects or infirmities in the information and none may be argued.
Defendant has been properly warned of all rights, appropriate bail was set, and said bail has
been posted.
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STATEMENT OF STIPULATED FACTS
Page 1 of 4
Kolton Wong’s statement was given freely and voluntarily, and all of the legal
requirements for the taking of said statement have been met. Wong’s state and federal
constitutional rights, including the right against self-incrimination, right to counsel, and right to
due process of law are not at issue with regard to the statement. The court has both subject
matter and in personam jurisdiction over the parties. All questions of fact are being submitted to
a jury. Questions of law will be decided by the court.
IV.
All exhibits included in the case materials are authentic and are accurate copies of the
originals. No objections to the authenticity of the exhibits will be entertained. The only exhibits
to be used at trial are those included in the case packet. The signatures on the witness statements
and on all other documents are authentic. The Addenda (if any) are signed on the day of trial,
and no continuances have been granted in this case.
An exhibit which may qualify as a business record, such as reports from institutions,
qualifies as a business record under the Rules of Evidence.
V.
The parties stipulate that that there is at present a group of people claiming to be the
Hawaiian Kingdom Government.
VI.
Kim Ho Park and Jan N. Dean, are to testify on behalf of the Prosecution. They may not
testify for or be called on behalf of Defendant. Kolton Wong and Noenoe Silva are to testify on
behalf of Defendant. They may not testify for or be called on behalf of the Prosecution.
VII.
The Prosecution must prove the following elements beyond a reasonable doubt:
1)
That Defendant imperonated a foreign diplomat.
VIII.
The following instructions will be submitted to the jury:
The occurrence in question made the subject of this prosecution is the events of June 22,
2016 in which Defendant, Kolton Wong, is alleged to have committed the offense of
impersonating a foreign diplomat.
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STATEMENT OF STIPULATED FACTS
Page 2 of 4
All persons are presumed to be innocent and no person may be convicted of an offense
unless each element of the offense is proved beyond a reasonable doubt. The fact that a person
has been arrested, confined or indicted for, or otherwise charged with offense gives rise to no
inference of guilt at trial. The law does not require a defendant to prove his innocence or
produce any evidence at all. The presumption of innocence alone is sufficient to acquit the
defendant, unless the jurors are satisfied beyond a reasonable doubt of the defendant’s guilt after
careful and impartial consideration of the evidence.
The prosecution has the burden of proving the defendant guilty and it must do so by
proving each and every element of the offense charged beyond a reasonable doubt and if it fails
to do so, you must acquit the defendant. It is not required that the prosecution prove guilty
beyond all possible doubt; it is required that the prosecution’s proof excludes all “reasonable
doubt” concerning the defendant’s guilt.
A “reasonable doubt” is a doubt based on reason and common sense after a careful and
impartial consideration of all the evidence in the case. It is the kind of doubt that would make a
reasonable person hesitate to act in the most important of his own affairs.
Proof beyond a reasonable doubt, therefore, must be proof of such a convincing character
that you would be willing to rely and act upon it without hesitation in the most important of your
own affairs. In the event you have a reasonable doubt as to the defendant’s guilt after
considering all the evidence before you, and these instructions, you will acquit him/her and say
by your verdict “Not guilty.”
A person is criminally responsible if the result would not have occurred but for his
conduct, operating alone or concurrently with another cause, unless the concurrent cause was
clearly sufficient to produce the result and the conduct of the actor is clearly insufficient.
“Imperonating a foreign diplomat” is defined as follows:
18 Texoma State Code § 915.
“Whoever, with intent to defraud within the State of Texoma, falsely assumes or pretends
to be a diplomatic, consular, or other official of a foreign government duly accredited as such to
the United States of America, demands or obtains or attempts to obtain any money, paper,
document, or other thing of value, shall be fined under this title or imprisoned not more than ten
years, or both.”
IX.
The Charge of the Court is accurate in all respects, and no objections to the Charge will
be entertained.
X.
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STATEMENT OF STIPULATED FACTS
Page 3 of 4
The following issues will be submitted to the jury:
1.
On June 22, 2016, did Defendant commit the offense of impersonating a foreign
diplomat?
Answer Yes or No:
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Respectfully submitted,
____________________________
Attorney for the State
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Attorney for the Defendant
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STATEMENT OF STIPULATED FACTS
Page 4 of 4
STATEMENT OF KIM HO PARK
My name is Kim Ho Park and I am the Assistant Under Secretary of State for the State of
Texoma. I am of Pacific Islander descent and, coincidentally, a native of Kilauea, Kaui’i,
Hawai’i. I have been asked by the Prosecution to testify in this matter.
I do not know the Defendant at all and have no knowledge of this person. I do know all
about these separatist nuts who claim that Hawai’i is still a kingdom of some sort. A few years
ago some of these characters occupied the Iolani Palace and tried to govern from the front
grounds of the Palace.
The first problem these people have is that the last Queen of Hawai’i was overthrown by
the people of Hawai’i and not some corporate cabal as these separatists would have you believe.
Later, during the Spanish-American War, the citizens of Hawai’i realized that their best interests
were in being allied with the United States, who had just become a major power in the Pacific.
The United States did not invade or forcibly occupy Hawai’i. They were invited in.
The second problem is who do these radicals think is going to defend Hawai’i? Who
defended it from the Japanese? And now we have the Chinese flexing their muscles in the
Pacific.
The third problem is the economy. The islands have virtually no natural resources
besides what can be grown. There is no oil, natural gas, or coal. Everything has to be imported
from the Mainland. If the U.S. is not providing these resources, who will? Who will provide the
islands with everything from Seelhoffs to MePhones? The islands depend on the U.S.
completely.
As far as the State of Texoma is concerned, we recognize Hawai’i as the 50th State and
that’s that. The State of Hawai’i has no ambassadors of any kind, just like Texoma. This
Defendant might as well have gotten an ambassadorship from a box of Stevies, Breakfast of
Champions. It would have just as much validity in the State of Texoma.
This claim that there is a Hawaiian Kingdom Government is just a pipe dream. Their
claim to international recognition is fantasy. They have tried to be recognized by the U.N. but
they have made no headway there. To make matters worse, there are many other groups claiming
to be government of Hawai’i including one fake king and one fake queen.
In short, this is just crazy propaganda and no one should give any regard.
That’s all I have to say on the subject.
SIGNED this 13th day of September, 2016
Kim Ho Park
Statement of Kolton Wong, Defendant
My name is Kolton Wong and I am the Defendant in this matter. I am a native of Hilo,
Hawai’i, and a proud citizen of the Hawaiian Kingdom. I am currently 26 years old and am a
professional baseball player. I graduated from the University of Hawai’i and was drafted by the
St. Louis Browns organization. I am currently assigned to the farm system.
On June 22, 2016, we had just finished a game against the Frisco Roughriders and I was
driving myself home to Springfield. I was traveling through Texoma on the Yarbro Turnpike in
my new Piëch 911 Turbo S. I had decided to drive separately to the game to break it in properly.
While on the Yarbro Turnpike I was listening to my MePhone which connected to the car’s
sound system. I was playing “Dead Man’s Curve” by Jan ‘n’ Dean when the whole ambiance
was ruined by some Peeler. This person pulled me over and asked me if I knew how fast I was
going. Truthfully, I didn’t. I was trippin’ on the music and not watching all the bells, whistles,
lights, and other gadgets. He claimed I was going 140 mph, which just seemed ridiculous. I
know I couldn’t have been going that fast.
But then the cop asked me about my license plates. I informed the cop that I was the duly
accredited ambassador of the Hawaiian Kingdom Government and showed the cop my
diplomatic passport. I had received my credentials on line at hawaiiankingdom.org after payment
of an administrative fee of 10,000 USD. I also was issued a diplomatic passport, license plates
for my vehicle, and the bumper sticker alerting authorities to my status.
This claim by the State of Texoma that I am impersonating an ambassador is absurd. I
am an ambassador and have the credentials to prove it. The Hawaiian Kingdom Government is
the only legitimate government of Hawai’i as recognized by the Permanent Court of Arbitration
in The Hague in a decision in 2001. The United States Government is a foreign occupying power
and everyone knows it.
The Texoma State Trooper did the right thing not trying to give me a ticket. It would
have caused a diplomatic incident for sure. Now the State of Texoma is trying to protect its
claimed integrity with this trumped up charge of impersonating an ambassador. It is an outrage!
SIGNED this 13th day of September, 2016.
Kolton Wong
STATEMENT OF NOENOE SILVA
Aloha! My name is Noenoe Silva and the Defendant, Kolton Wong, asked me to appear
today. I am the Under Assistant Deputy Minister of Foreign Relations for the Hawaiian
Kingdom Government.
The Hawaiian Kingdom Government is a constitutional monarchy and has been
recognized under international law. In 2001 the International Court of Arbitration in The Hague
rendered an opinion in a case styled Larsen v. Hawaiian Kingdom which acknowledged the
existence of the Hawaiian Kingdom. The U.S. Government was asked to participate in this
arbitration but stubbornly refused.
The Hawaii Kingdom believes that it is a Native sovereign nation being illegally occupied
by the United States of America. In 1893 the rightful Queen of Hawaii, Lili’uokalani was
illegally deposed by the sugar and fruit interests. In 1898 the United States Congress passed a
resolution annexing the Hawaii Kingdom without its consent. This is absurd. It is as though the
British Parliament passed a resolution annexing the United States to reform the 13 colonies. In
fact, every major nation has recognized Hawaiian independence, including the United States. Its
attempt to unilaterally renege on its international treaty with Hawaii is despicable.
The Hawaii Kingdom is currently led by the Council of Regency in the absence of an
accepted Monarch. Its Chair is David Keanu Sai and I represent him and the Council. He wants
me to emphasize to this court that Kolton Wong is, in fact, our designated ambassador and holds
a diplomatic passport issued by the Hawaii Kingdom.
There have been halting steps by the U.S. Government to recognize the Hawaiian people
as a Native indigenous people in the same way that American Indians are recognized. But the
Hawaiian Kingdom is skeptical of these attempts given the U.S. Government’s centuries of
oppression and exploitation of Native Americans.
We hold the Christian community responsible, too, for the Hawaii People’s plight. The
Congregational Church was complicit in the overthrow of Queen Lili’uokalani and the later
purported annexation to the U.S. At least their president had the decency to apologize for the
church’s conduct in 1993. After all, the Congregational Church (in the form of its successor, the
United Church of Christ) is still the largest denomination in Hawai’i.
The Hawaiian Kingdom Government simply wants to take its place in the world
community with the yoke of oppression removed. Kolton Wong is our ambassador and loyal
supporter of the Kingdom. Kolton Wong is not impersonating anyone. Maholo.
SIGNED this 13th Day of September, 2016.
Noenoe Silva
Witness statement of Officer Jan N. Dean
My name is Jan N. Dean and I am a police officer of the Texoma State Police. I have been a
police officer for 22 years, graduating from the Texoma Police Academy. On the evening of June 22,
2016, I was assigned to work patrol on the Yarbro Turnpike. I was parked on the East side of the
Turnpike when a vehicle passed me traveling at a high rate of speed. I focused my laser gun on the
vehicle and it registered “140”. I turned on my flashers and gave chase. I had to get every horsepower I
could out of my Seelhoff Police Interceptor in order to close with the driver. The driver finally saw me
and pulled over on the shoulder of the Turnpike. The vehicle in question was a Porsche 911 Turbo S. I
knew it was capable of 200 mph so I was glad the driver stopped.
I pulled up behind the automobile and exited my vehicle. I noticed that the license plate on the
vehicle said it was issued by the “Hawaiian Kingdom.” I approached the driver and asked for the driver’s
license and vehicle insurance card. The driver told me his/her name was Kolton Wong and she/he did
not have a Texoma Driver’s License and instead showed me a document which stated it was a diplomatic
passport from the “Kingdom of Hawai’i.” I asked the driver to explain this unusual document. The
driver said she/he was the duly accredited ambassador of the Kingdom of Hawai’i. The driver pointed
out that not only was the vehicle’s license plate a diplomatic plate from the Kingdom of Hawai’i but that
there was a bumper sticker on the rear bumper saying “Diplomat – Do Not Detain.”
I asked the driver whether she/he had an emergency or other reason for her/his high rate of
speed, which was well in excess of the speed limit of 85 mph. The driver said the car’s speedometer was
reading in kilometers per hour and so the driver really had no idea how fast the car was going. I asked
the driver if she/he was aware the car’s computer could be programmed to read in miles per hour or
kilometers per hour and the driver said she/he did not know. The driver asserted she/he had only
purchased the vehicle a week ago and had not yet read the owner’s manual. I asked the driver if she/he
was aware there was a digital owner’s manual on the car’s computer along with instructional videos and
the driver said she/he was not aware of that. I expressed surprise that she/he had spent over $200,000
on a vehicle without being familiar with it. Finally I asked the driver what the speedometer was reading
and the driver said “240”. I asked the driver if she/he realized 240 kph was equal to 140 mph and the
driver said “Oh….”
I was not clear on the claimed diplomatic status. I called my supervisor, Captain Buchanan, and
asked what his instructions were. He told me to write the driver a warning and he would ask our
Secretary of State’s Department to investigate. I complied with his instructions and wroth the driver a
warning. I then turned off my flashers and told the driver she/he was free to go.
That is all I remember about this incident.
SIGNED this 13th Day of September, 2016
Jan N. Dean