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The420Guy
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HONOLULU - A sworn deposition by a Big Island judge contradicts the
testimony of a former deputy prosecutor who took a hemp advocate to trial
on felony drug charges.
Aaron Anderson is suing Hawaii County in Federal Court for alleged civil
rights violations, claiming that he was the subject of selective
prosecution because of his views on marijuana.
A grand jury indicted Anderson and Roger Christie on commercial possession
of marijuana charges in 1992 after drug-sniffing dogs alerted authorities
to a 25-pound shipment of seeds at the Federal Express office in Hilo.
Anderson said he ordered sterile hemp seeds for use in food products.
Police and prosecutors said it was marijuana, an illegal member of the hemp
family.
Christie was eventually dropped from the case, and Circuit Judge Greg
Nakamura dismissed Anderson's charges after his 1998 trial ended in a hung
jury.
During testimony on Tuesday in Federal court in Honolulu, Iopa said that
during a 1997 chambers conference about the criminal case, Nakamura asked
the prosecutors and defense attorneys if the parties could reach a
settlement. Iopa said Nakamura mentioned that in civil cases parties often
agree not to disclose details of a settlement and that she interpreted the
remark to be a suggestion about how they might handle Anderson and
Christie's case.
On Wednesday, Iopa testified that the remark led to a discussion in the
judge's chambers about the effect such an agreement would have on the
defendants' constitutional rights to free speech. "I was concerned about
the defendants' rights, as were their counsels," Iopa said. "All of the
attorneys were saying, "Nah, I don't think that's going to work.'"
At the same time, Iopa said, she was concerned that if prosecutors dropped
the charges, the public might think it was legal to possess marijuana seeds.
Iopa testified that Steven Strauss, who was then representing Christie,
offered to drop his civil lawsuit against the county if Iopa dropped the
criminal charges against his client. Iopa asked if Christie would be
willing to stop writing letters to the newspaper about the case. "I wanted
clarification. I thought maybe by approaching me, his client was willing to
give up some rights," she said.
After Iopa finished her testimony, Strauss - who is representing Anderson
in the federal lawsuit - presented the court with a sworn written statement
from Nakamura. In the statement, Nakamura said he remembers no discussion
about the defendants possibly agreeing not to write letters to the newspaper.
Nakamura also testified by deposition that he didn't introduce the subject
of not disclosing terms of a settlement. "This matter was not brought up by
me," Nakamura said in the document. "In other words, someone else first
brought up this matter in chambers."
Earlier Wednesday, Iopa testified under questioning by the county's lawyer,
Joseph Kamelamela, that in March 1996 she made a written plea offer to
reduce the charges against Anderson from a Class B felony to a misdemeanor
in exchange for a no contest plea. A Class B felony is punishable by up to
10 years in prison, while the maximum sentence for a misdemeanor is one
year in jail. Iopa testified that she wasn't seeking prison for Anderson,
but that she also didn't want to send a message to the community that it
was acceptable to possess marijuana seeds.
Iopa testified that many of Anderson's seeds sprouted, with some forming
flowers within two months of the seeds' arrival on the Big Island. She said
she would have dismissed the charges if less than 5 percent of the seeds
had sprouted because that would have fallen within the federal tolerance rate.
Another witness who testified Wednesday, Dawn Hurwitz, said she had wanted
to buy Anderson's hemp products to sell in her vegetarian caf=8E in Pahoa.
"My clientele is interested in that kind of thing," she said.
Hurwitz testified that before Anderson's indictment, he would give her
samples of burgers and other food items made from hemp seeds. He was
excited about the prospect of getting in on the "ground floor" of the hemp
food industry, she said.
Hurwitz said she knows the seeds were sterile hemp and not marijuana
because she ate the food and would have recognized the effects of the
active ingredient found in marijuana. "I know what that feels like. I was a
kid once, too," Hurwitz said. "Marijuana is an illegal substance that I
would not consider selling in my caf=8E unless it were legal - and then I
would consider selling it."
The comment prompted a grin from one of the jurors, a lawyer who disclosed
during jury selection that he supports the "across-the-board" legalization
of marijuana.
Hurwitz said that after Anderson's arrest for possession of the hemp seeds,
she noticed a difference in his demeanor. "His excitement had diminished.
He was a little depressed," she said. "It just seemed like he was
constantly battling with something over his shoulder."
Anderson is asking for $1 million in damages for lost revenues in his hemp
business and for emotional distress from being the subject of a lengthy
felony prosecution.
Hawaii County Prosecutor Jay Kimura, who was subpoenaed to testify on
Wednesday, sat outside the courtroom all day waiting for Iopa's testimony
to conclude. He is scheduled to take the witness stand today, when the
trial enters its seventh day.
Both Kimura and Iopa were originally named as defendants but were dropped
from the case because they were engaged in their official duties during
Anderson's prosecution.
Hawaii County remains the sole defendant in the lawsuit.
Newshawk: Rev. Dennis Shields
Pubdate: Thu, 12 Apr 2001
Source: Hawaii-Tribune Herald (HI)
Copyright: 2001 Hawaii Tribune Herald
Contact: editor@hawaiitribune-herald.com
Website: https://www.hilohawaiitribune.com/
Details: MapInc
Author: Chris Loos, Tribune-Herald
testimony of a former deputy prosecutor who took a hemp advocate to trial
on felony drug charges.
Aaron Anderson is suing Hawaii County in Federal Court for alleged civil
rights violations, claiming that he was the subject of selective
prosecution because of his views on marijuana.
A grand jury indicted Anderson and Roger Christie on commercial possession
of marijuana charges in 1992 after drug-sniffing dogs alerted authorities
to a 25-pound shipment of seeds at the Federal Express office in Hilo.
Anderson said he ordered sterile hemp seeds for use in food products.
Police and prosecutors said it was marijuana, an illegal member of the hemp
family.
Christie was eventually dropped from the case, and Circuit Judge Greg
Nakamura dismissed Anderson's charges after his 1998 trial ended in a hung
jury.
During testimony on Tuesday in Federal court in Honolulu, Iopa said that
during a 1997 chambers conference about the criminal case, Nakamura asked
the prosecutors and defense attorneys if the parties could reach a
settlement. Iopa said Nakamura mentioned that in civil cases parties often
agree not to disclose details of a settlement and that she interpreted the
remark to be a suggestion about how they might handle Anderson and
Christie's case.
On Wednesday, Iopa testified that the remark led to a discussion in the
judge's chambers about the effect such an agreement would have on the
defendants' constitutional rights to free speech. "I was concerned about
the defendants' rights, as were their counsels," Iopa said. "All of the
attorneys were saying, "Nah, I don't think that's going to work.'"
At the same time, Iopa said, she was concerned that if prosecutors dropped
the charges, the public might think it was legal to possess marijuana seeds.
Iopa testified that Steven Strauss, who was then representing Christie,
offered to drop his civil lawsuit against the county if Iopa dropped the
criminal charges against his client. Iopa asked if Christie would be
willing to stop writing letters to the newspaper about the case. "I wanted
clarification. I thought maybe by approaching me, his client was willing to
give up some rights," she said.
After Iopa finished her testimony, Strauss - who is representing Anderson
in the federal lawsuit - presented the court with a sworn written statement
from Nakamura. In the statement, Nakamura said he remembers no discussion
about the defendants possibly agreeing not to write letters to the newspaper.
Nakamura also testified by deposition that he didn't introduce the subject
of not disclosing terms of a settlement. "This matter was not brought up by
me," Nakamura said in the document. "In other words, someone else first
brought up this matter in chambers."
Earlier Wednesday, Iopa testified under questioning by the county's lawyer,
Joseph Kamelamela, that in March 1996 she made a written plea offer to
reduce the charges against Anderson from a Class B felony to a misdemeanor
in exchange for a no contest plea. A Class B felony is punishable by up to
10 years in prison, while the maximum sentence for a misdemeanor is one
year in jail. Iopa testified that she wasn't seeking prison for Anderson,
but that she also didn't want to send a message to the community that it
was acceptable to possess marijuana seeds.
Iopa testified that many of Anderson's seeds sprouted, with some forming
flowers within two months of the seeds' arrival on the Big Island. She said
she would have dismissed the charges if less than 5 percent of the seeds
had sprouted because that would have fallen within the federal tolerance rate.
Another witness who testified Wednesday, Dawn Hurwitz, said she had wanted
to buy Anderson's hemp products to sell in her vegetarian caf=8E in Pahoa.
"My clientele is interested in that kind of thing," she said.
Hurwitz testified that before Anderson's indictment, he would give her
samples of burgers and other food items made from hemp seeds. He was
excited about the prospect of getting in on the "ground floor" of the hemp
food industry, she said.
Hurwitz said she knows the seeds were sterile hemp and not marijuana
because she ate the food and would have recognized the effects of the
active ingredient found in marijuana. "I know what that feels like. I was a
kid once, too," Hurwitz said. "Marijuana is an illegal substance that I
would not consider selling in my caf=8E unless it were legal - and then I
would consider selling it."
The comment prompted a grin from one of the jurors, a lawyer who disclosed
during jury selection that he supports the "across-the-board" legalization
of marijuana.
Hurwitz said that after Anderson's arrest for possession of the hemp seeds,
she noticed a difference in his demeanor. "His excitement had diminished.
He was a little depressed," she said. "It just seemed like he was
constantly battling with something over his shoulder."
Anderson is asking for $1 million in damages for lost revenues in his hemp
business and for emotional distress from being the subject of a lengthy
felony prosecution.
Hawaii County Prosecutor Jay Kimura, who was subpoenaed to testify on
Wednesday, sat outside the courtroom all day waiting for Iopa's testimony
to conclude. He is scheduled to take the witness stand today, when the
trial enters its seventh day.
Both Kimura and Iopa were originally named as defendants but were dropped
from the case because they were engaged in their official duties during
Anderson's prosecution.
Hawaii County remains the sole defendant in the lawsuit.
Newshawk: Rev. Dennis Shields
Pubdate: Thu, 12 Apr 2001
Source: Hawaii-Tribune Herald (HI)
Copyright: 2001 Hawaii Tribune Herald
Contact: editor@hawaiitribune-herald.com
Website: https://www.hilohawaiitribune.com/
Details: MapInc
Author: Chris Loos, Tribune-Herald
