Protester files suit against state, alleging illegal arrest

A man who was arrested for protesting a prayer during a legislative session in April sued the state yesterday, claiming his arrest was illegal.

Mitchell Kahle claims the defendants — Senate Sergeant-at-Arms Bienvenido Villaflor and two staff members, three deputy sheriffs and a lieutenant, the state and unnamed others — violated his constitutional right to free speech, equal protection and due process.

Kevin Hughes, who claims he was assaulted by Villaflor while videotaping the event, joined Kahle as a plaintiff.

The lawsuit, filed in Circuit Court, also claims Kahle and Hughes were subjected to excessive force, unlawful seizure and malicious prosecution.

State deputy sheriffs arrested Kahle at the Capitol after he stood up during a prayer and objected. Kahle is president of Hawaii Citizens for the Separation of State and Church.

The suit said the Senate sergeant-at-arms staff escorted Kahle outside and assaulted him and Hughes while deputy sheriffs stood by.

Kahle was charged with disorderly conduct, but a state judge acquitted him on Nov. 17, according to Lynne Waters, spokeswoman for the city Prosecutor’s Office. Hughes was not arrested.

The plaintiffs say they expect to attend future legislative sessions and feel their rights might be violated again unless the court issues an injunction against the defendants.

The attorney general’s office, Senate sergeant at arms, and Department of Public Safety did not immediately return calls for comment.

Ex-UH basketball player avoids prison on pot charge

Former University of Hawaii basketball player Yves "Tes" Whitlock will not go to prison for selling marijuana to an undercover police officer.

Circuit Judge Steven Alm granted Whitlock’s request yesterday for a deferral of his guilty plea to first-degree promotion of a detrimental drug.

If Whitlock stays out of trouble for five years, the court will erase the guilty plea and the charge from his criminal record. He had been facing a prison sentence of up to five years.

Whitlock said he plans to use the experience as a teaching tool. He coaches kids in his basketball skills and fitness program, Off the Bench. Many of their parents wrote letters of support and showed up in court for Whitlock’s sentencing.

Police said Whitlock sold a total of eight ounces of marijuana for $3,600 to an undercover officer on three occasions in February 2007.

His lawyer said Whitlock was doing a favor for a friend and did not benefit from the transactions.