Original subtitles

IF YOU ONLY EVER SAW HAWAII ON THE POSTCARD,

YOU'D PROBABLY THINK

IT WAS A MAGICAL PLACE WITH HULA GIRLS,

PIG ROASTS, AND HIBISCUS FLOWERS,

A PLACE UNLIKE ANY OTHER.

BUT THERE'S NOTHING EXOTIC ABOUT CLOCKING IN

FOR YOUR SHIFT EVERY DAY.

FOR US, HONOLULU WAS AS BORING AS ANY SMALL TOWN.

AND THEN, THAT NIGHT, EVERYTHING WENT HAYWIRE.

PLEASE HELP ME, PLEASE!

**

**

IN 1931, HAWAII WASN'T EVEN A STATE YET.

SO IF YOU WANT TO UNDERSTAND THIS PLACE,

THERE'S A FEW THINGS YOU NEED TO KNOW.

FIRST OF ALL, HAWAII USED TO BE ITS OWN KINGDOM.

OVER THE YEARS, PEOPLE FROM ALL OVER

THE PACIFIC CAME HERE --

CHINESE, JAPANESE, FILIPINO IMMIGRANTS.

WE LIVED ALONGSIDE THE NATIVE HAWAIIANS.

AND WE ALL JUST CALLED EACH OTHER "LOCALS."

WE ALSO SHARED THE ISLANDS

WITH THE U.S. NAVY AND THEIR FAMILIES.

WHEN HAWAII BECAME A TERRITORY, THE NAVY BASICALLY RAN THE SHOW.

THEY WERE MOSTLY WHITE AMERICANS.

AND WE CALLED THEM HAOLES.

AND THEN, SOMETHING TERRIBLE HAPPENED TO ONE OF THEM.

ARE YOU OKAY?

PLEASE JUST TAKE ME HOME!

HER NAME IS THALIA MASSIE.

SHE HAS BRUISES ON HER FACE.

SHE'S BEEN PHYSICALLY BEATEN.

THALIA!

THALIA!

SHE'S THE 20-YEAR-OLD WIFE

OF A NAVAL OFFICER STATIONED AT,

PEARL HARBOR, THOMAS MASSIE,

WHO WORKS ON A SUBMARINE.

WE FINISHED THE GOOD STUFF.

JEEZ.

YOU SCARED ME.

WHERE'D YOU GO?

THALIA?

WHAT'S GOIN' ON?

HEY.

DID SOMEBODY HURT YOU?

HEY. HEY, HEY, HEY.

HEY.

HEY.

WHAT HAPPENED? YOU CAN TELL ME.

HAWAIIAN MEN...

THEY HURT ME.

DID -- DID THEY...

THALIA TELLS HER HUSBAND THAT SHE'S BEEN ATTACKED

AND RAPED BY A GROUP OF HAWAIIANS,

FOUR OR FIVE, SHE THINKS.

WHY DID YOU LEAVE BY YOURSELF?

WHEN TOMMY MASSIE HEARS WHAT HAS HAPPENED TO THALIA...

IT'S ALL MY FAULT.

HE IS IN A STATE OF SHOCK.

I SHOULDN'T HAVE LET YOU GO.

I'M GONNA TAKE CARE OF THIS.

- WHAT ARE YOU GONNA DO? - DAMN IT!

WHAT ARE YOU GONNA DO?

- CALLIN' THE POLICE. - NO!

YES, I'D LIKE TO REPORT AN ASSAULT.

NO, DON'T DO THAT!

PEOPLE WILL FIND OUT!

MR. AND MRS. MASSIE CAME FROM DIFFERENT STOCK.

SO THEY OFTEN DIDN'T SEE EYE TO EYE

WHEN IT CAME TO MAKING THEIR PRIVATE LIVES PUBLIC.

THALIA MASSIE CAME FROM A PROMINENT FAMILY

ON THE EAST COAST.

SHE'S RELATED TO ALEXANDER GRAHAM BELL

ON HER MOTHER'S SIDE

AND THEODORE ROOSEVELT ON HER FATHER'S SIDE.

MRS. MASSIE USED TO SAY THAT YOUR NAME

SHOULD ONLY BE IN THE PAPER THREE TIMES --

WHEN YOU'RE BORN, WHEN YOU GET MARRIED,

AND WHEN YOU DIE.

THIS WAS THE LAST THING SHE WOULD HAVE WANTED.

I'M TRULY SORRY TO ASK THIS OF YOU, MRS. MASSIE,

BUT CAN YOU PLEASE TAKE US THROUGH THE EVENING?

IT HURTS TO TALK.

TO BEGIN, IT WAS NAVY NIGHT

AT THE ALA WAI INN.

THE ALA WAI INN WAS A WELL-KNOWN SPEAKEASY.

EARLIER THAT EVENING, THALIA IS THERE WITH HER HUSBAND.

SHE WAS BORED, SO SHE LEAVES THE PARTY.

**

AND WHAT TIME WOULD YOU SAY YOU LEFT?

IT MUST HAVE BEEN A LITTLE AFTER MIDNIGHT, I THINK.

I TOOK JOHN ENA ROAD. I WALKED PAST THE, UM,

JAPANESE BARBERSHOP.

YOU WOULD HAVE PASSED THROUGH WAIKIKI PARK.

DO YOU REMEMBER IF YOU HEARD ANY MUSIC STILL PLAYING?

NO, THERE WAS NO -- THERE WAS NO MUSIC WHEN I WALKED...

A DANCE HALL, WAIKIKI PARK,

IS SUPPOSED TO CLOSE BY MIDNIGHT.

BY THE TIME THALIA MASSIE WALKS PAST,

IT'S RATHER QUIET THERE.

I WAS JUST WALKING, AND A CAR DRIVES UP.

AND THERE ARE A GROUP OF HAWAIIAN MEN INSIDE.

SHE WAS DRAGGED INTO A CAR,

PUNCHED IN THE FACE, AND TAKEN TO A REMOTE LOCATION.

THEY DRAGGED ME... INTO THE BUSHES.

UM... THEY TOOK TURNS ASSAULTING ME.

YOU MEAN RAPING YOU.

DO YOU HAVE TO SAY IT LIKE THAT?

WERE YOU ABLE TO SEE THE LICENSE PLATE?

I DON'T THINK SO. I DON'T --

I DON'T REMEMBER.

THE DETECTIVES ARE EXTREMELY CONCERNED.

VIOLENT CRIME IN HONOLULU WAS RATHER UNUSUAL.

HAWAII WASN'T ANYTHING LIKE THE AMERICAN SOUTH.

BUT WE HAD OUR OWN ISSUES WITH RACE AND PREJUDICE.

EVERYBODY KNEW, THE LONGER THIS WENT ON,

THE UGLIER IT COULD GET.

WE HAVE A NEAR-TRAFFIC ACCIDENT,

CORNERS OF...

BE ON THE LOOKOUT, BLUE MODEL FORD, LICENSE PLATE 58895.

SO THALIA MASSIE GOES TO THE HOSPITAL.

AND THE DOCTOR EXAMINES HER.

SHE WAS BEATEN, HER JAW FRACTURED.

DID YOU BATHE AFTER YOUR ATTACK?

SHE CLEANED HERSELF AFTER SHE WAS ATTACKED.

SHE WAS WORRIED ABOUT PREGNANCY.

SO THE DOCTOR DOES NOT FIND ANY BODILY FLUIDS.

SHE'S BEING EXAMINED NOW.

THEN WE'LL BRING HER DOWN TO THE STATION.

THE DETECTIVES WHO ARE WITH THE MASSIES

PHONE IN IN THEIR REPORT TO THE POLICE STATION.

YOU KNOW, I THINK I HAVE SOMETHING --

suspects.

AND WHEN THEY DO SO, THEY ACTUALLY

HEAR OF ANOTHER INCIDENT IN ANOTHER PART OF TOWN.

TOOK YOU FOREVER!

A CARLOAD OF YOUNG MEN

HAD A FENDER BENDER WITH ANOTHER FAMILY.

PEOPLE GET OUT OF THEIR CAR.

ONE OF THEM IS AGNES PEEPLES,

WHO IS A RATHER FORMIDABLE NATIVE HAWAIIAN WOMAN.

IN THE OTHER CAR, THE PERSON WHO COMES OUT

IS A YOUNG NATIVE HAWAIIAN MAN.

THEY GOT INTO A VERBAL CONFRONTATION.

THERE'S SOME PUSHING AND SHOVING.

AND IN RESPONSE TO BEING PUSHED, THE YOUNG NATIVE HAWAIIAN MAN

JUST DECKS THE WOMAN.

LOOK AT MY FACE!

SHE SAYS THAT THERE WERE A NUMBER OF YOUNG MEN

IN THE CAR, POSSIBLY HAWAIIANS.

DID YOU GET A CHANCE TO SEE THE LICENSE PLATE

OF THE OTHER VEHICLE? - YES, 58895.

WHEN THE POLICE HEAR ABOUT THIS INCIDENT,

THEY THINK THAT THEY MIGHT BE RELATED.

HOW MANY CRAZY YOUNG MEN IN A CAR,

YOU KNOW, ON THE LOOSE, ON THIS PARTICULAR NIGHT,

ARE YOU GONNA HAVE?

- WHAT'D YOU FIND OUT? -SOUNDS LIKE WE HAVE OURSELVES SOME SUSPECTS.

DETECTIVE, ADDRESS CAME IN OVER THE CAR RADIO.

THANK YOU.

WHY DON'T YOU TAKE CARE OF THIS?

I'LL TAKE CARE OF THE LADY.

YOU GOT IT.

WHILE SOME POLICE ARE SENT TO THE ADDRESS

TO WHICH THE CAR IS REGISTERED,

THALIA AND TOMMY MASSIE GO TO THE STATION

AND MEET WITH HEAD OF DETECTIVES, JOHN McINTOSH.

MRS. MASSIE, IS THERE ANYTHING ELSE

THAT COMES TO MIND NOW,

THE MAKE OF THE CAR? OR WHAT ABOUT THE LICENSE PLATE?

NO, I DON'T...

PERHAPS I'M...

HAVE YOU GOT A PEN?

THE LICENSE PLATE NUMBER SHE GIVES IS ONLY ONE DIGIT OFF

FROM THE ONE AGNES PEEPLES REPORTED.

AT THE SAME TIME, THE POLICE ARRIVE AT THE ADDRESS

TO WHICH THE CAR IS REGISTERED.

IT'S A WORKING PERSON'S SLUM NICKNAMED "HELL'S HALF ACRE."

THEY SEE A CAR WITH THE LICENSE PLATE NUMBER

THAT AGNES PEEPLES REPORTED.

POLICE.

WHAT'S YOUR NAME, SON?

SHIMATO IDA, BUT YOU CAN CALL ME HORACE.

DOES THAT CAR BELONG TO YOU?

NO, THAT'S MY SISTER'S CAR.

WERE YOU DRIVIN' THAT CAR EARLIER TONIGHT?

- I LOANED IT TO SOME FRIENDS. - WHAT FRIENDS?

YOU DON'T KNOW THE NAME OF YOUR OWN FRIENDS?

IT WAS REALLY, REALLY CLEAR

THAT IDA WAS HIDING SOMETHING.

**

**

THE POLICE TAKE HORACE IDA TO HEADQUARTERS FOR QUESTIONING.

WE KNOW THAT YOU WERE IN THAT CAR,

AND WE KNOW THAT YOU WERE WITH YOUR FRIENDS.

DIDN'T HIT THAT LADY VERY HARD ANYWAY.

HORACE ADMITS TO BEING IN A NEAR ACCIDENT

WITH THE CAR THAT AGNES PEEPLES WAS IN

AND THAT ONE OF HIS FRIENDS PUNCHED HER.

ALL RIGHT, HORACE.

SO WHEN YOU SAW THAT WHITE LADY...

I DIDN'T SEE ANY WHITE LADY.

BUT HE SAYS THAT HE KNOWS

NOTHING ABOUT THE THALIA MASSIE INCIDENT.

SO WHAT ARE YOUR FRIENDS' NAMES?

WHAT ARE YOUR FRIENDS' NAMES?

IN THE END, HE GIVES UP THE NAMES.

AND THAT'S WHEN THIS THING

BEGINS TO TAKE ON A LIFE OF ITS OWN.

I'D NEVER SEEN MRS. MASSIE LIKE THIS BEFORE.

MRS. MASSIE?

BUT WHEN THE POLICE SHOWED UP, I UNDERSTOOD WHY.

THE POLICE ROUND UP THE OTHER INDIVIDUALS NAMED.

AND THEY BRING THEM TO THE MASSIE HOME,

JOSEPH KAHAHAWAI,

BEN AHAKUELO,

DAVID TAKAI, AND HENRY CHANG.

THOSE BOYS WERE KNOWN TO BE A ROUGH CROWD.

THEY WERE ALWAYS STEALING BIKES AND GETTING INTO FIGHTS.

EVERYBODY KNEW THEM.

ALL FIVE OF THESE YOUNG MEN GREW UP TOGETHER.

JOSEPH KAHAHAWAI IS A GREAT FOOTBALL PLAYER.

BEN AHAKUELO IS AN AMATEUR BOXING CHAMPION.

HENRY CHANG HAS BEEN ARRESTED A FEW TIMES.

BUT WHY THEY WERE IN MY BOSS' LIVING ROOM,

OF ALL PLACES, WAS BEYOND ME.

THIS IS GOING TO BE AN UNUSUAL LINEUP.

POLICE DRAW THE CURTAINS TO MAKE IT DARK

TO SIMULATE THE NIGHT IN QUESTION.

THERE ARE NO OTHER MEN IN THE LINEUP,

JUST THE ACCUSED.

NORMALLY, WHAT YOU WOULD EXPECT

IS ONE OR TWO OF THE SUSPECTS SURROUNDED

BY OTHER ORDINARY PEOPLE.

TAKE AS MUCH TIME AS YOU NEED.

WHAT IS YOUR NAME?

JOE KAHAHAWAI.

ARE YOU HAWAIIAN?

I AM.

WHAT IS YOUR NAME?

HORACE IDA.

- AND YOU ARE... - JAPANESE.

WHAT IS YOUR NAME?

HENRY CHANG. HAWAIIAN.

DAVID TAKAI, JAPANESE.

BEN AHAKUELO, HAWAIIAN.

JOE... AND HENRY WERE DEFINITELY THERE.

THE OTHERS, I -- I'M NOT QUITE SURE.

BUT THOSE TWO WITHOUT A DOUBT.

SHE'S ABLE TO IDENTIFY JUST TWO OF THE FIVE.

WELL, WHAT DO YOU MAKE OF THAT?

WELL, DO YOU THINK YOU'D BE ABLE TO REMEMBER

WHO WAS DOING WHAT IF YOU WERE DONE LIKE THAT?

I DON'T TRUST THAT I WOULD BE

ABLE TO REMEMBER ANYTHING EXCEPT HOW SCARED I WAS.

BUT MRS. MASSIE PICKED OUT TWO OF THEM.

AND THEN THEY ARRESTED ALL FIVE.

AS IT TURNED OUT, THEY HAD A PRETTY GOOD REASON.

THE POLICE WOULD FIND OUT

THAT A COUPLE OF THEM HAD A RECORD

FOR BEING INVOLVED IN A PREVIOUS RAPE.

**

**

POLICE LOOK INTO THE BACKGROUND

OF THE FIVE MEN.

DETECTIVE, YOU'D BETTER TAKE A LOOK AT THIS FILE.

SO IT'S NOT THE FIRST TIME.

THEY FIND OUT THAT A COUPLE OF THEM HAD A RECORD

FOR BEING INVOLVED IN A PREVIOUS RAPE.

TWO YEARS EARLIER, ROSE YOUNG,

A 17-YEAR-OLD LOCAL CHINESE GIRL

ACCUSES SOME HIGH SCHOOL BOYS OF RAPING HER.

TWO OF THEM WERE BEN AHAKUELO AND HENRY CHANG.

THEY WERE ARRESTED AND TRIED, AND IN THE TRIAL,

SHE REVERSED HER TESTIMONY AND SAID

THAT THEY HAD NOT RAPED HER AT ALL,

THAT SHE HAD, INSTEAD, CONSENTED TO EVERYTHING.

BUT SHE HAD ACCUSED THEM OF RAPE

BECAUSE SHE DIDN'T WANT FOR THERE TO BE PROBLEMS

WITH HER REPUTATION.

IN SPITE OF ROSE YOUNG'S REVERSAL,

THE YOUNG MEN ARE ACTUALLY FOUND GUILTY OF ASSAULT

WITH INTENT TO RAVISH.

AND BOTH THOSE BOYS DID TIME FOR THIS.

**

THE CHIEF OF DETECTIVES QUESTIONS ALL OF THE SUSPECTS.

I'M GONNA NEED YOU TO GO OVER YOUR ENTIRE EVENING

WITH ME STEP BY STEP.

MY... SISTER SAID I COULD BORROW THE CAR.

SO I WENT TO GET A DRINK AT ONE OF THOSE FILIPINO PLACES.

WE RAN INTO HORACE, SAID HE'D GOT HIS SISTER'S CAR.

IT TURNS OUT THAT THEY ALL BASICALLY HAVE THE SAME STORY.

- TELL ME MORE. - PARTY RAN OUTTA BEER.

SO DROVE OVER TO WAIKIKI PARK.

WAIKIKI PARK,

WHERE THERE'S THE SATURDAY NIGHT DANCE,

WHICH IS WITHIN A HALF MILE OF WHERE THALIA WAS ATTACKED.

THEN, WHEN IT WAS ALL OVER,

WE COULDN'T THINK OF ANYTHING ELSE GOING ON.

ON THE WAY BACK, WE RAN INTO THAT LADY'S CAR.

AND WHAT ABOUT THE WHITE WOMAN?

I-I DON'T KNOW WHAT YOU'RE TALKING ABOUT.

THE ONE YOU SAW WALKIN' ON THE STREET AS YOUR CAR DROVE BY.

I DIDN'T SEE ANY WHITE LADY.

ALL OF THE FIVE DENY

EVER SEEING THALIA MASSIE AT ANY POINT IN THE EVENING.

NOT SURPRISINGLY, THIS IS A HUGE STORY.

THERE WERE AS MANY NEWSPAPERS

AS THERE WERE KINDS OF PEOPLE IN HAWAII.

AND AS THE TRIAL WAS COMING UP, THE PAPERS WERE SPLIT.

THE HAWAIIAN PAPERS WERE WAITING TO SEE WHAT HAPPENED.

BUT THE HAOLE PAPERS ALREADY HAD THEIR MINDS MADE UP.

YES?

YES, ADMIRAL STIRLING.

AS FAR AS THE NAVY IS CONCERNED, IT IS BAD FOR THEIR REPUTATION,

AND THEY HAVE TO DISMISS THE SUSPICION

AND FEAR THAT WHITE WOMEN WERE NOT SAFE.

WE'RE DOING EVERYTHING WE CAN.

THERE NEEDS TO BE A CONVICTION.

THE TRIAL STARTS ON NOVEMBER 16, 1931.

THALIA'S MOTHER, GRACE FORTESCUE,

TRAVELS ALL THE WAY FROM NEW YORK TO HAWAII.

**

GRACE IS VERY FORMIDABLE.

SHE IS INCREDIBLY WELL CONNECTED.

SHE WANTS TO DO EVERYTHING POSSIBLE

TO SUPPORT HER DAUGHTER.

LADIES AND GENTLEMEN OF THE JURY,

THESE MEN WERE OUT DRIVING IN THE SAME PLACE

WHERE MRS. MASSIE WAS ATTACKED.

THEY, INDISPUTABLY, WERE WITHIN A HALF A MILE

RIGHT AROUND THE SAME TIME.

COINCIDENCE? WELL, A REALLY COMPELLING ONE.

HOWEVER, TO PROVE A RAPE IN HAWAII,

AT THE TIME, IS VERY, VERY DIFFICULT.

THERE NEEDS TO BE CORROBORATION.

PHYSICAL EVIDENCE, TESTIMONY FROM OTHER PEOPLE --

IT CAN'T JUST BE ON THE WORD OF THE VICTIM.

THALIA HAD PHYSICAL HARM,

BUT IT'S ALL BASICALLY FROM THE SHOULDERS UP.

BECAUSE SHE CLEANS UP,

THEY DON'T HAVE ANY VAGINAL EVIDENCE.

GRACE HAD THIS FEAR AND ANXIETY

THAT THE HAWAIIAN JURY WOULD NOT BELIEVE A WHITE WOMAN.

MRS. FORTESCUE CLEARLY DID NOT THINK

THIS WAS A JURY OF HER PEERS.

MAYBE SHE WAS AFRAID THE JURY WOULD JUDGE HER

AND HER DAUGHTER THE SAME WAY SHE WAS JUDGING THEM.

FOR THE DEFENSE, THE MAIN ISSUE WAS ONE OF TIMELINE.

WHAT TIME DID YOU LEAVE THE PARTY THAT EVENING?

I THINK IT WAS 11:30.

THERE WAS NOT ENOUGH TIME

BETWEEN THE ACCIDENT WITH AGNES PEEPLES AROUND 12:30

FOR THEM TO BE INVOLVED IN THE RAPE OF THALIA MASSIE.

YOU CAN'T BE IN TWO PLACES AT THE SAME TIME.

BUT YOU TOLD THE POLICE THAT WAIKIKI PARK WAS QUIET.

- I... - AND YOU DIDN'T HEAR ANY MUSIC?

THAT WOULD MAKE IT AT LEAST AFTER MIDNIGHT.

I DON'T REMEMBER IF THERE WAS MUSIC OR NOT.

WAS IT BEFORE OR AFTER MIDNIGHT?

I DON'T -- I DON'T KNOW.

NO ONE WANTED TO GIVE MRS. MASSIE THE BENEFIT

OF THE DOUBT MORE THAN ME, BUT HER STORY KEPT CHANGING.

HOW WELL DO YOU REMEMBER WHEN YOU DID SOMETHING?

DID YOU DO SOMETHING AT 12:16 OR 12:18?

A RAPE VICTIM VERY OFTEN

TELLS DIFFERENT VERSIONS OF WHAT HAPPENED

BECAUSE THE EXPERIENCE IS SO LAYERED AND SO TRAUMATIC.

THE CASE IS HANDED TO THE JURY.

THEY GO INTO THEIR DELIBERATIONS.

AND THEY'RE IN THERE FOR 97 HOURS.

**

EVERYBODY EXPECTED THE ANSWER A LOT FASTER.

BOTH SIDES ARE GETTING INCREASINGLY ANXIOUS.

YOUR HONOR, WE ARE UNABLE TO REACH A VERDICT.

THE JURY IS HUNG. IT SEEMS TO BE SPLIT 6-6,

AND THERE'S NO POSSIBLE WAY

THAT THEY'RE GOING TO REACH A DECISION,

EITHER FOR CONVICTION OR ACQUITTAL.

ALL THAT WAITING AND ANTICIPATION

AND THEN NOTHING.

AND NOW WE WERE GOING TO HAVE TO GO

THROUGH THIS ALL OVER AGAIN,

ANOTHER TRIAL, ANOTHER JURY.

TOMMY WAS STUNNED.

FOR TOMMY, THE VERDICT

IS KIND OF AN ASSAULT ON HIS HONOR

AS A NAVAL OFFICER AND THE WHOLE NOTION

THAT THESE WOMEN SHOULD BE PROTECTED.

GRACE WAS FURIOUS.

BOTH OF THEM IMMEDIATELY STARTED SAYING,

"WE HAVE TO DO SOMETHING TO GET JUSTICE."

**

SO MRS. FORTESCUE DECIDED TO STAY

UNTIL THE WHOLE AFFAIR WAS PUT TO REST.

IT TURNS MY STOMACH.

GRACE HAD STARTED FEELING

VERY STRONGLY THAT SHE MIGHT NEED PROTECTION.

TO HER, HAWAII IS AN UNCIVILIZED PLACE.

SO SHE ASKED FOR A BODYGUARD.

AND SHE GOT A YOUNG SAILOR NAMED DEACON JONES.

IT'S OUTRAGEOUS, REALLY.

I'D LIKE TO BREAK THEIR NECKS.

DON'T BE VULGAR.

I APOLOGIZE.

THE WHOLE ISLAND IS GETTING VERY TENSE AND VERY ANXIOUS.

THE OUTRAGE OVER A GANG OF KANAKA MEN

DESPOILING THIS WOMAN AND BRUTALLY ATTACKING HER --

IT IS A BLACK EYE TO THESE NAVY GUYS.

ALSO, THE YOUNG MEN WHO'D BEEN CHARGED --

THEY'RE OUT ON BAIL.

YOU KNOW, IT'S A RECIPE FOR VIOLENCE.

HORACE IDA GOES TO A SPEAKEASY DOWNTOWN.

AREN'T YOU THE JAP THAT RAPED LIEUTENANT MASSIE'S WIFE?

- I THINK HE IS. - LOOK AT HIS FACE.

I RECOGNIZE HIM. YOU WANNA COME WITH ME?

**

**

LOCAL PEOPLE WERE USED TO BEING IGNORED,

CHEATED, DISRESPECTED.

BUT THESE NAVY MEN HAD DECIDED FOR THEMSELVES

THAT HORACE AND HIS FRIENDS WERE GUILTY.

IN THEIR EYES, THE HUNG JURY WAS JUST A TECHNICALITY.

IT'S NOT PUNISHMENT.

IT'S TORTURE TO ELICIT A CONFESSION.

THEY BEAT HIM, AND THEY KICKED HIM,

AND THEY DAMN NEAR KILLED HIM.

HE'S ABLE TO ESCAPE AND HITCH A RIDE BACK INTO TOWN.

THE NAVY MEN CLAIMED THAT HE HAD CONFESSED

AND THAT THEY NOW HAD EVIDENCE

THAT HE HAD BEEN INVOLVED IN THE RAPE.

BUT HORACE SAID HE DID NOT CONFESS.

ARE YOU ALL RIGHT, DEAR?

I, I --

I JUST NEED TO LIE DOWN FOR A MOMENT.

THEY DID THAT TO HER.

WHAT CAN WE DO?

I DON'T REALLY KNOW WHAT WE CAN DO.

IDA'S CONFESSION'S NEVER GONNA HOLD UP IN COURT.

THOSE BRUISES...

GRACE AND TOMMY REALIZE THAT A CONFESSION

WILL PROBABLY BE THE ONLY THING

THAT CAN GUARANTEE SUCCESS AT THE SECOND TRIAL.

WE JUST NEED ONE OF THEM TO STOP LYING AND TELL THE TRUTH.

WE ARE AT THE MERCY OF THE COURTS, GRACE.

TOMMY REALLY FEELS THAT HE HAS TO DO SOMETHING.

GIVEN THE FACT THAT IT WAS TOO LATE TO PROTECT THALIA,

HE HAD TO MAKE SURE THAT JUSTICE WAS DONE.

**

ON THE MORNING OF JANUARY 8, 1932,

JOSEPH KAHAHAWAI IS CHECKING IN

TO THE JUDICIARY BUILDING ON CONDITION OF HIS BAIL.

THEY KNOW THAT KAHAHAWAI'S

GOING TO COME OUT THE MAIN DOOR.

**

GET IN THE CAR. MAJOR ROSS WANTS TO SEE YOU.

DEACON JONES HANDS HIM THIS FAKE WARRANT

THAT THEY PUT TOGETHER.

HEY, HEY, HEY, HEY. WHERE ARE YOU TAKING HIM?

HEY, HEY, HEY. NO, NO, NO. WHERE ARE YOU GOING?

TOMMY AND JONES DRIVE AWAY.

GRACE HAS HER OWN CAR, AND SHE FOLLOWS THEM.

THEY TAKE JOSEPH TO GRACE FORTESCUE'S RENTED HOME.

MADE IT REAL EASY FOR YOU.

YOU SEE WHAT THAT SAYS?

"I, JOSEPH KAHAHAWAI, ADMIT TO BRUTALLY RAPING

"AND ASSAULTING THALIA MASSIE

"ON THE MORNING OF SEPTEMBER 13, 1931,

AT APPROXIMATELY 1 A.M."

TOMMY MASSIE HAD CONSULTED A LAWYER FRIEND,

WHO TELLS HIM THAT,

MAYBE IF A CONFESSION WERE COERCED

BUT THERE WAS NO PROOF OF COERCION,

THAT THAT COULD BE USED IN COURT.

AND THEN YOU IMPLICATE YOUR FRIENDS.

AND THEN YOU SIGN AT THE BOTTOM, OKAY?

IT'S ALL DONE.

THEY HOLD JOE AT GUNPOINT.

THEY'RE NOT GOING TO LET HIM LEAVE UNLESS HE CONFESSES.

ALL YOU HAVE TO DO IS SIGN THAT

AND TAKE RESPONSIBILITY FOR WHAT YOU DID.

I DIDN'T DO IT.

I NEVER EVEN SAW THE WOMAN BEFORE THEY PICKED US UP.

THAT LADY IS HIS WIFE.

I'M LOSING PATIENCE WITH YOU REAL FAST.

WE KNOW YOU DID IT. YOU KNOW YOU DID IT.

AND YOU'D BETTER REMEMBER SOMETHING QUICKLY.

THERE'S NOTHING TO REMEMBER.

JUST TELL THE TRUTH, JOE.

AND WE'LL LET YOU GO.

I DIDN'T DO IT.

MY FRIENDS DIDN'T DO IT.

WHAT I WANT WITH YOUR WIFE? GOT OUR OWN GIRLS.

SHUT UP.

WE DON'T WANNA HURT YOU, JOE.

JUST -- JUST TELL US WHAT HAPPENED.

YOU WANT ME TO TALK, BUT YOU DON'T WANNA HEAR THE TRUTH.

I-I DON'T THINK YOU UNDERSTAND THE SITUATION

THAT YOU'RE IN RIGHT NOW, JOE.

I UNDERSTAND JUST FINE.

YOU THINK 'CAUSE YOU WEAR A UNIFORM,

YOU GET TO CALL THE SHOTS. BUT YOU'RE NOT THE POLICE.

I'M GONNA BLOW YOUR BRAINS ALL THE WAY TO CALIFORNIA.

THIS ISN'T YOUR ISLAND.

- AND YOU'RE NOT WELCOME HERE! - SHUT UP!

- SHUT UP! - YOU CAN'T KEEP ME HERE!

DON'T MOVE! I SWEAR.

DON'T YOU MOVE AN INCH.

**

**

TOMMY AND GRACE DRIVE OUT OF MANOA VALLEY

AND HEAD ROUGHLY EAST.

AT THIS POINT, THERE WAS AN ALL-POINTS BULLETIN.

BECAUSE JOE'S COUSIN HAS SEEN THE CAR

AND REPORTED IT TO THE POLICE.

THE POLICE PULLED THE CAR OVER.

WHEN HE OPENS THE DOOR...

THE FIRST THING HE SEES

IS A BARE FOOT STICKING OUT OF A SHEET.

**

IN THE CAR IS THE BODY OF JOSEPH KAHAHAWAI.

THE POLICEMAN'S INCREDULOUS

BECAUSE THIS SORT OF THING DOESN'T HAPPEN HERE.

I'M GONNA NEED YOU TO STEP OUT OF THE CAR.

THERE'S RACIAL TENSION.

THERE'S A CERTAIN AMOUNT OF BIGOTRY.

BUT WE DON'T KILL EACH OTHER LIKE THIS.

THE PLAN WAS TO DISPOSE OF THE BODY AT HALONA BLOWHOLE.

IF THEY SLIPPED HIM INTO THE WATER THERE

OFF THE CLIFFS, HIS BODY WOULD NEVER BE FOUND.

ESSENTIALLY, THEY'RE CAUGHT RED-HANDED,

AND THEY'RE ARRESTED.

NEWSPAPERS ON THE CONTINENTAL U.S.

DESCRIBE IT AS AN HONOR KILLING.

IN 1930s AMERICA, HONOR KILLING MEANT,

BECAUSE HIS WIFE HAS BEEN ATTACKED IN THAT WAY,

THE HUSBAND IS HONOR-BOUND TO EXACT REVENGE.

I COULDN'T BELIEVE WHAT THE HAOLE PAPERS WERE SAYING.

HONOR KILLING? WHAT HONOR IS THERE IN MURDER?

THE NAVY BASE AT PEARL HARBOR

IS REALLY IMPORTANT TO FEDERAL AUTHORITIES.

SO THERE'S DEFINITELY GREAT INTEREST

IN THE CASE IN WASHINGTON, D.C.

THE VERY FACT THAT THEY'VE BEEN ARRESTED IS THE EVIDENCE

THAT, CLEARLY HAWAII, IS UTTERLY LAWLESS

BECAUSE ONLY A LAWLESS PLACE WOULD CHARGE GRACE FORTESCUE

AND TOMMY MASSIE WITH MURDER.

THIS IS ALMOST LIKE CELEBRITIES BEING ARRESTED.

THE INTEREST, WHICH WAS ALREADY THERE,

NOW JUST ABSOLUTELY EXPLODES.

YOU CAN ALMOST SUM UP THE RESPONSE AS, CLEARLY,

THE LEGAL SYSTEM IN HAWAII

IS NOT CAPABLE OF CARRYING OUT JUSTICE.

AND THE TRAGEDY HERE IS THAT THE HUSBAND OF A WOMAN

WHO HAS BEEN ATTACKED IN THIS WAY

IS FORCED TO TAKE THESE MATTERS INTO HIS OWN HANDS.

BECAUSE OF THE DEATH OF JOSEPH KAHAHAWAI,

THE OTHER FOUR MEN HAVE BEEN TAKEN INTO PROTECTIVE CUSTODY.

**

THE CASE GOES TO TRIAL IN THE SPRING OF 1932.

GRACE FORTESCUE DECIDES TO HIRE CLARENCE DARROW,

THE MOST FAMOUS DEFENSE ATTORNEY IN THE UNITED STATES.

CLARENCE DARROW PUTS TOMMY MASSIE ON THE STAND.

MR. MASSIE, WOULD YOU SAY

THAT YOU CARE A GREAT DEAL ABOUT YOUR WIFE?

YES, I DO.

DID YOU PARTICIPATE

IN THE KIDNAPPING OF JOSEPH KAHAHAWAI?

I DID.

THE LAST THING THAT I REMEMBER WAS HIS CONFESSION.

HE SAID THE WORDS.

AND THEN EVERYTHING JUST... WENT DARK.

HE SAYS THAT, WHEN JOE ADMITS TO THE RAPE OF HIS WIFE,

HIS MIND GOES BLANK, AND THE GUN GOES OFF.

CLARENCE DARROW ARGUES THAT

TOMMY WAS TEMPORARILY INSANE.

HE SAYS, "YOU HAVE TO THINK OF NOT THE LAWS

"THAT ARE IN THE CONSTITUTION BUT THE HIGHER LAW.

WHAT IS YOUR DUTY AS A HUSBAND?"

MANY YEARS LATER, DEACON JONES ADMITS

THAT IT WAS ACTUALLY HE,

AND NOT TOMMY MASSIE, WHO PULLED THE TRIGGER.

THE JURY'S UNDER A LOT OF PRESSURE FROM WASHINGTON.

THE NEWSPAPERS, THE GENERAL WHITE POPULATION ON THE ISLAND

IS REALLY PRESSING THEM TO FIND THEM INNOCENT.

MR. FOREMAN, HAS THE JURY REACHED A DECISION?

WE HAVE, YOUR HONOR.

WE, THE JURY, FIND DEACON JONES,

THOMAS MASSIE, AND GRACE FORTESCUE

GUILTY OF MANSLAUGHTER.

THEY ARE GUILTY OF THE LESSER CHARGE OF MANSLAUGHTER.

THE JUDGE RECOMMENDS THE MAXIMUM SENTENCE,

WHICH IS 10 YEARS AT PRISON.

NONE OF US EVER IMAGINED THAT JOE'S KILLERS

WOULD REALLY BE HELD ACCOUNTABLE.

BUT I WASN'T PREPARED FOR WHAT HAPPENED NEXT.

TERRITORIAL GOVERNOR LAWRENCE McCULLY JUDD

WAS UNDER TREMENDOUS PRESSURE FROM MEMBERS OF CONGRESS

AND EVEN THE PRESIDENT HIMSELF.

AND HE COMMUTES, OR SHORTENS,

THEIR SENTENCE FROM 10 YEARS TO 1 HOUR.

ONE HOUR IN EXCHANGE FOR A -- A PERSON'S LIFE, A YOUNG MAN.

WITH THE COMMUTATION OF THE SENTENCE,

THE NAVY DECIDES THAT IT'S TIME

FOR THE MASSIES TO LEAVE HAWAII,

WHICH THEY DO 4 DAYS LATER.

WITHOUT THALIA MASSIE PRESENT,

THE TERRITORIAL PROSECUTOR'S OFFICE

COULD NOT GO FORWARD WITH TRYING THE CASE

OF THE ALLEGED RAPE AGAIN.

THE MEN ARE RELEASED,

AND THE RETRIAL NEVER TAKES PLACE.

SO THAT'S THAT, RIGHT?

NOT EVEN CLOSE.

WE STILL DIDN'T KNOW WHAT HAD REALLY HAPPENED TO MRS. MASSIE.

THE GOVERNOR DECIDES TO HIRE THE BEST-KNOWN

INVESTIGATIVE AGENCY IN THE UNITED STATES,

THE PINKERTONS, TO CONDUCT A COMPLETELY

INDEPENDENT INVESTIGATION OF THE ORIGINAL TRIAL.

AND THE REPORT EMPHASIZED A FEW MAJOR THINGS.

WHEN THALIA'S INITIALLY QUESTIONED,

SHE CAN'T REMEMBER THE LICENSE PLATE.

BUT LATER THAT EVENING, HER MEMORY GETS MUCH BETTER.

AT THE TIME THAT THALIA HAS BEEN TAKEN IN

FOR A MEDICAL EXAMINATION...

WE HAVE A NEAR-TRAFFIC ACCIDENT...

THE POLICE DEPARTMENT IS SENDING OUT BROADCAST BULLETINS

REPEATEDLY ANNOUNCING THAT LICENSE PLATE NUMBER.

LICENSE PLATE 58895. I REPEAT...

SO IT'S POSSIBLE THAT THALIA HEARD

THE NUMBER OVER THE POLICE RADIOS.

MRS. MASSIE SAID SHE DIDN'T HAVE HER GLASSES

THE NIGHT SHE WAS ATTACKED.

AND WITHOUT THEM, SHE WAS BLIND AS A BAT.

SO HOW COULD SHE HAVE SEEN THEIR FACES?

THERE WERE SO MANY PROBLEMS WITH MRS. MASSIE'S STORY.

SHE TOLD THE POLICE SHE WAS DRAGGED THROUGH THE BUSHES.

BUT HER DRESS WAS LIKE NEW.

AND THERE WERE WITNESSES

THAT COULD ACCOUNT FOR THE WHEREABOUTS

OF ALL FIVE BOYS ALMOST ALL NIGHT.

THE CONCLUSION OF THE PINKERTON REPORT

IS THAT THE FIVE YOUNG MEN WHO HAD BEEN ACCUSED OF RAPE

COULD NOT HAVE COMMITTED THE CRIME

AGAINST THALIA MASSIE.

IT'S POSSIBLE THAT WHAT HAPPENED THAT NIGHT

DID NOT BEAR ANY SIMILARITY

TO WHAT SHE TESTIFIED TO IN COURT.

AFTER THALIA LEAVES HAWAII,

SHE NEVER OFFERS AN EXPLANATION OF WHAT HAPPENED.

WELL, IF MRS. MASSIE KNEW SHE WAS LYING IN COURT,

I DON'T EVEN KNOW WHAT TO SAY.

WAS SHE REALLY RAPED?

IF NOT, WHAT DID HAPPEN?

OR DID SHE JUST MAKE A MISTAKE?

I STILL DON'T KNOW WHAT TO MAKE OF IT.

ONCE SHE HAD STARTED DOWN THE PATH INDICATING

THAT SHE HAD BEEN RAPED,

THE STORY GOT COMPLETELY OUT OF HER CONTROL.

MRS. FORTESCUE AND MR. MASSIE WERE HURTING.

WE ALL KNOW WHAT THAT FEELS LIKE.

BUT THAT EXCUSE IS JUST THAT --

A DANGEROUS EXCUSE.

IF THE ROLES WERE REVERSED

AND THE HAWAIIAN MEN KILLED A WHITE MAN,

DO YOU REALLY THINK THEY WOULD STILL SEE THE HONOR IN KILLING?

IF SOMEONE WERE TO HURT MY CHILD,

I WOULD WANNA KILL THAT PERSON.

BUT THE LAW IS THERE TO TEMPER THOSE GUT FEELINGS THAT WE HAVE.

WE HAVE TO LIVE WITHIN CERTAIN RULES.

THE SALIENT FACTS WAS THAT THE WOMAN WAS WHITE.

THE ASSAILANTS WERE NOT.

THE WOMAN WAS THE WIFE OF AN OFFICER IN THE U.S. NAVY,

AND THE BOYS WERE THROWAWAY PEOPLE

THAT THE WHITE SOCIETY OF HAWAII HAD NO GREAT REGARD FOR.

THAT WAS THEIR STORY.

THERE HAVE BEEN OTHERS SINCE THEN.

THERE HAVE BEEN OTHER WAYS THAT PEOPLE

HAVE TAKEN AN UNFAIR STIGMA.

AND WE -- WE KNOW THAT THESE THINGS CONTINUE.

SO...

* E UHAI *

* ANA PAHA I KA LIKO *

* UNTIL WE MEET *

* AGAIN *