Feds seized $33K in cash, documents show
Trial for marijuana activist Roger Christie and 13 others accused by federal authorities of operating a pot distribution ring on the Big Island has been postponed until next year.
Federal Magistrate Judge Leslie Kobayashi granted the request by federal prosecutors Monday and set a trial date of April 26 before U.S. District Judge David Ezra in Honolulu. Christie, founder of The Hawaii Cannabis Ministry in Hilo -- as well as his co-defendants -- had been scheduled for trial Sept. 8.
In its motion to continue, Asst. U.S. Attorney Michael Kawahara wrote that the case "involves wiretap evidence from three separate telephone lines during the period April-July 2009, large amounts of drug and non-drug evidence discovered during the execution of search warrants on the various defendants' premises on July 22, 2009, March 10, 2010, and July 8, 2010, and otherwise gathered by law enforcement agencies."
The document described the case as "so complex that it is unreasonable to expect the parties to prepare for trial within the time limits set by the Speedy Trial Act." Kawahara asked the court to exclude the time between the original trial date and the new one "from computation under the Speedy Trial Act" and "to find that the ends of justice served by taking such action outweigh the best interest of the public and the defendants in a speedy trial."
Kobayashi agreed to exclude the time between the original and new trial dates from consideration of the defendants' right to a speedy trial, ruling that "failure to grant the continuance would unreasonably deny counsel for the defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence."
Christie and the others, all Big Island residents, were arrested July 8 in raids by federal agents, assisted by local police. The others have been released on bail. Christie was denied bail by Federal Magistrate Judge Kevin Chang, who called him "a danger to the community." A defense request to set bail for Christie was denied Aug. 6 by three judges of the 9th U.S. Circuit Court of Appeals in San Francisco.
Christie remains in custody at the Federal Detention Center in Honolulu.
According to a court memo filed by Kawahara, a search by federal and local police of the THC Ministry in downtown Hilo found "about 12 live marijuana plants, marijuana seeds, and various liquids in vials suspected to contain marijuana by-products." A search of Christie's Wainaku apartment yielded "approximately 845 grams of processed marijuana and various bottles/jars containing suspected marijuana tinctures and oils."
Court records also indicate that $21,494 was seized for possible forfeiture from Christie's apartment and another $12,398 found in a bank safety deposit box.
Wrote Kawahara: "Christie stated that all this cash was derived from the ministry."
A new non-profit marijuana advocacy group is calling for authorities to free Christie while he awaits trial, and is trying to raise funds for his and the others' defense. The group, Cannabis Charity Education and Defense Fund, has scheduled a rally at 3:30 p.m. Wednesday at Mooheau Park Bandstand and plans a march from the bandstand to the Federal Building, which houses the downtown Hilo post office, at about 5 p.m.
A written release from the group describes Christie and others jailed for marijuana offenses as "political prisoners."
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Hawaii Tribune-Herald
Author: John Burnett
Copyright: 2010 Hawaii Tribune-Herald
Trial for marijuana activist Roger Christie and 13 others accused by federal authorities of operating a pot distribution ring on the Big Island has been postponed until next year.
Federal Magistrate Judge Leslie Kobayashi granted the request by federal prosecutors Monday and set a trial date of April 26 before U.S. District Judge David Ezra in Honolulu. Christie, founder of The Hawaii Cannabis Ministry in Hilo -- as well as his co-defendants -- had been scheduled for trial Sept. 8.
In its motion to continue, Asst. U.S. Attorney Michael Kawahara wrote that the case "involves wiretap evidence from three separate telephone lines during the period April-July 2009, large amounts of drug and non-drug evidence discovered during the execution of search warrants on the various defendants' premises on July 22, 2009, March 10, 2010, and July 8, 2010, and otherwise gathered by law enforcement agencies."
The document described the case as "so complex that it is unreasonable to expect the parties to prepare for trial within the time limits set by the Speedy Trial Act." Kawahara asked the court to exclude the time between the original trial date and the new one "from computation under the Speedy Trial Act" and "to find that the ends of justice served by taking such action outweigh the best interest of the public and the defendants in a speedy trial."
Kobayashi agreed to exclude the time between the original and new trial dates from consideration of the defendants' right to a speedy trial, ruling that "failure to grant the continuance would unreasonably deny counsel for the defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence."
Christie and the others, all Big Island residents, were arrested July 8 in raids by federal agents, assisted by local police. The others have been released on bail. Christie was denied bail by Federal Magistrate Judge Kevin Chang, who called him "a danger to the community." A defense request to set bail for Christie was denied Aug. 6 by three judges of the 9th U.S. Circuit Court of Appeals in San Francisco.
Christie remains in custody at the Federal Detention Center in Honolulu.
According to a court memo filed by Kawahara, a search by federal and local police of the THC Ministry in downtown Hilo found "about 12 live marijuana plants, marijuana seeds, and various liquids in vials suspected to contain marijuana by-products." A search of Christie's Wainaku apartment yielded "approximately 845 grams of processed marijuana and various bottles/jars containing suspected marijuana tinctures and oils."
Court records also indicate that $21,494 was seized for possible forfeiture from Christie's apartment and another $12,398 found in a bank safety deposit box.
Wrote Kawahara: "Christie stated that all this cash was derived from the ministry."
A new non-profit marijuana advocacy group is calling for authorities to free Christie while he awaits trial, and is trying to raise funds for his and the others' defense. The group, Cannabis Charity Education and Defense Fund, has scheduled a rally at 3:30 p.m. Wednesday at Mooheau Park Bandstand and plans a march from the bandstand to the Federal Building, which houses the downtown Hilo post office, at about 5 p.m.
A written release from the group describes Christie and others jailed for marijuana offenses as "political prisoners."
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Hawaii Tribune-Herald
Author: John Burnett
Copyright: 2010 Hawaii Tribune-Herald
