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Former aide Barbara Hale’s case against Councilwoman Emily Naeole seems to have taken a bad turn with Timothy Gardner saying it was Hale who solicited $1,000 for herself.

Gardner’s sworn affidavit is among the exhibits and witness lists submitted by attorneys this week for a July 11 Ethics Board hearing on Hale's accusations against Naeole.

Gardner is a Maui resident who, with Naeole and Hale’s help, tried unsuccessfully to get a controversial zone change approved for a storage center next to the new fire station under construction on Route 130. Gardner said that later he wanted to contribute $1,000 to Naeole’s campaign funds as a gesture of thanks for her and her staff’s help. Gardner said in his sworn statement that Hale told him privately that Naeole owed her the money from a loan and that Gardner should make the $1,000 payment directly to Hale. Gardner never made the contribution.

Naeole’s attorney, Gerard Lee Loy, however, said Hale’s request for $1,000 “raises a serious question” about whether she violated the law regarding criminal solicitation.

The documents submitted largely confirm my earlier prediction that Councilwoman Naeole’s attorneys will admit that she made mistakes but will portray them as relatively minor transgressions made by a well-meaning, inexperienced new Council member who was ill-served by a treacherous, scheming aide.

For her part, Hale will attempt throw as much manure as she can at Naeole in hopes that enough sticks to claim she was being fired for blowing the whistle on her boss.

So Hale will talk about loans, receipts, per diems, checks, cell phones, escrows, campaign papers, two red trucks, and endless minutiae if she’s allowed the time to demonstrate how Naeole flouted laws prohibiting private activities and campaign work on county time. And she’ll argue she was keeping her boss out of trouble until Naeole stopped taking her advice. Then the trouble began. Now she’s fighting a vindictive attempt to fire her in retaliation for reporting improprieties in the office that she advised her boss against.

It really looks like we're heading toward an ugly, knock-down drag-out fight that will leave both sides bloodied as both will be seen involved in highly questionable behavior that could effectively end Hale’s political life and shake public confidence in Councilwoman Naeole’s ability to continue in office. But I still predict Naeole will survive her term in office despite one of her own witnesses.

Lucille Chung’s statement doesn’t alter the fact that Naeole gave Chung’s Laupahoehoe non-profit group, Malama Hawaii Nei, $5,000 in discretionary funds, then Chung provided food for a Naeole-sponsored Fifth District event. That’s troublesome. (Note: My sincere apologies to Lucille Chung for misspelling her name in previous posts.) Chung essentially confirms Hale’s story about how Naeole decided to give Chung the discretionary funds after failing to sell Chung’s fundraising tickers. Chung, in her affidavit, also expressed some concern for the propriety of it all:

I was a little hesitant about accepting these funds from our Puna councilwoman for a North Hilo entity, but was assured by both women (Naeole and Hale) that there was no need for concern.”

When Naeole later asked Chung to bring stew for a hundred to a Puna event Naeole sponsored on youth activities, Chung “did not find it out of line.”

At almost every meeting or event that I attend, it is common for me to take some sort of refreshments, food or supplies to these meetings or events,” Chung said.

David Mattos of the Big Island Boys & Girls Club echoed my earlier bafflement over what exactly Hale is charging in connection with a couple of bicycles that were awarded to two kids. Maybe she will explain that to the Ethics Board.

Also in the documents, Naeole attorney Stan Roehrig declared that he’s a long-time friend and attorney for Naeole’s family, and that he has resigned as volunteer executive director of a non-profit public charity, Keaukaha One Youth Development, which applied for a Council-approved grant, to avoid a conflict of interest. Roehrig also noted that he’s charging Naeole $150 an hour for his services, which is contrary to what Lee Loy said last month.

Lee Loy also said attorney Stanley Roehrig is serving as a "personal adviser" to Naeole and also is not billing her for his work."

I talked to one source who said whether Lee Loy actually charges Naeole or not, he’s going to have to produce something like what Roehrig did so that Naeole can report the contribution properly.

So I’ll leave you with the following observation as I try again to get the documents posted as PDFs.

My favorite exhibit? It's on Hale’s list:

“14. Hunter Bishop blob May 7, 2007 – the beginning of this messy situation.”

Priceless.