Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
WAILUKU - Brian Murphy, the director of a medical marijuana advocacy group based in Paia, said he was surprised by the "fabricated" criminal charges lodged against him and his friends.
"We've been as forthright as possible with police. . . . We never were hiding anything," Murphy said following a bail hearing held Tuesday in 2nd Circuit Judge Joseph Cardoza's courtroom.
In indictments returned by a Maui grand jury, Murphy, 53, of Paia, is alleged to be the head of a marijuana drug trafficking organization that exploited state medical marijuana laws to sell the drug to hundreds of people.
Murphy, who posted $100,000 bail following his Nov. 11 arrest, denies all charges. He's expected to file a not-guilty plea Thursday. He told Cardoza that he wasn't certain whether he'd make Thursday's arraignment because he's suffering from a hernia and may need surgery by then.
Murphy said his medical problems coincidentally surfaced Nov. 11 when police arrested and charged him with criminal conspiracy as well as first- and second-degree promotion of a detrimental drug; first and second-degree commercial promotion of marijuana; first and second-degree promotion of harmful drugs and six counts of possessing drug paraphernalia.
With supporters including state Rep. Joe Bertram III of South Maui standing by his side outside the courtroom, Murphy said his arrest last week came as a "surprise, total surprise."
Maui police announced the arrests as part of "Operation Weedkiller" and reported confiscating a variety of substances including approximately 335 marijuana plants and clones, a vehicle, $14,085 cash, and drug paraphernalia associated with marijuana growing and distribution.
Deputy Prosecutor Timothy Tate declined to provide details about the charges against Murphy and the six other men charged in the case.
"All I can say is they weren't complying with the law," Tate said Tuesday.
Earlier this month, Murphy filed a lawsuit complaining the Maui Police Department interfered with the operation of Patients Without Time, which has been described as a medical marijuana advocacy and advisory organization to inform people about state and federal laws on medical marijuana. Murphy is the founder and director of the group.
Police said Patients Without Time and medical marijuana laws were used to disguise the drug trafficking organization.
Murphy claims that medical marijuana was seized by police in two separate incidents in the fall of 2007 when search warrants were executed at his Haiku residence. Murphy also said he is a registered medical marijuana patient and his residence was registered as a "medical marijuana grow site for himself and three other statutorily authorized medical marijuana patients."
He said Tuesday that he has been actively involved in lobbying for legislation to support medical marijuana growing sites, and he and others have followed the law in trying to help patients get the drug to address their medical needs. He said he considered the police seizure of marijuana from his home as criminal.
"Patients are being robbed by the Maui County police," he said.
Thanks to his organization, Murphy said 5,000 people have registered to vote. He said he was concerned that more than 200 pounds of marijuana valued at more than $1 million have been seized and would otherwise be used for legitimate patients.
"None of us are here to hurt anyone," he said. "We thought we were going through legal channels. . . . No one made any money here."
Murphy said he and others did receive stipends for gas and food, but none of them was making large profits to grow or deliver the marijuana to their patients.
Deputy Public Defender Jon Apo asked for and received permission to be excused from representing Murphy as well as co-defendants Brian Igershiem, 31, of Makawao; Stuart Hirotsu, 48, of Wailuku; and William "Bill" Cox, 48, of Haiku. Apo said his office can only represent John Cooper, 40, of Kihei, a previous client who is another defendant in the case.
The four - Murphy, Igershiem, Hirotsu and Cox - were told in separate hearings Tuesday to return to court Thursday for appearance of counsel and arraignment.
Bail for Murphy and Igershiem remained at $100,000. Igershiem, a self-employed landscaper, appeared at Tuesday's hearing with his own lawyer, Phil Lowenthal. Igershiem has been charged with criminal conspiracy, three counts of first-degree promotion of a detrimental drug, second-degree promotion of a detrimental drug, two counts of first-degree promotion of harmful drugs, second-degree promotion of a harmful drug and seven counts of possessing drug paraphernalia.
During his hearing Tuesday, Hirotsu, the only defendant in custody, told Cardoza he was anxious to get out of jail and resolve his case.
"I have a business, and that business will die if I cannot make bail," Hirotsu said.
"My participation was limited to phone calls, sir," Hirotsu told Cardoza. The judge warned Hirotsu that anything he said at the hearing could be used against him. Cardoza granted a bail study recommendation to reduce Hirotsu's bail from $50,000 to $25,000.
Bertram, who was re-elected to the House District 11 seat Nov. 4, has a prescription for medical marijuana and introduced bills to support Murphy's efforts for a medical marijuana production facility overseen by the state.
He said he co-signed documents releasing Hirotsu on bail. Hirotsu is charged with criminal conspiracy, two counts of first-degree promotion of a harmful drug and three counts of possessing drug paraphernalia.
Cox, meanwhile, has already posted $25,000 in bail and like Murphy and the two others, appeared for the withdrawal of counsel at Tuesday's hearing. Cox's charges include criminal conspiracy, two counts each of first-degree promotion of a detrimental drug and possessing drug paraphernalia.
Attorneys for Murphy, Hirotsu and Cox are expected to be with their clients Thursday for arraignment.
Three other defendants - Cooper, a self-employed maintenance worker; retiree Robert "Bobby" Armitage, 58, of Wailuku; and Douglas Kaleikini Sr., 54, of Wailuku, who does body and fender repair for Hawaiian Commercial & Sugar Co. - entered not-guilty pleas last Wednesday in 2nd Circuit Court. All three are free on bail with Armitage and Kaleikini each posting $25,000; and Cooper putting up $10,000 in bail.
Armitage, Kaleikini and Cooper, are each charged with a single count of criminal conspiracy.
On Tuesday, Murphy asked Judge Cardoza to redact or black out individual names in documents outlining charges against him. Murphy said he was concerned that his conversations with "legitimate medical marijuana patients" were in a public document that included their names and phone numbers.
"It's not fair," Murphy said.
Cardoza advised Murphy to talk with his newly assigned attorney about the matter and said they could bring it up at Thursday's hearing.
Protesting that he complies with laws for growing medical marijuana, Brian Murphy questions charges by Maui police of conspiracy and commercial promotion of marijuana during a 2nd Circuit Court hearing Tuesday.
The Maui News / MATTHEW THAYER photo
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Maui News
Author: CLAUDINE SAN NICOLAS
Copyright: 2008 The Maui News
Contact: claudine@mauinews.com
Website: Charges fabricated marijuana grower
"We've been as forthright as possible with police. . . . We never were hiding anything," Murphy said following a bail hearing held Tuesday in 2nd Circuit Judge Joseph Cardoza's courtroom.
In indictments returned by a Maui grand jury, Murphy, 53, of Paia, is alleged to be the head of a marijuana drug trafficking organization that exploited state medical marijuana laws to sell the drug to hundreds of people.
Murphy, who posted $100,000 bail following his Nov. 11 arrest, denies all charges. He's expected to file a not-guilty plea Thursday. He told Cardoza that he wasn't certain whether he'd make Thursday's arraignment because he's suffering from a hernia and may need surgery by then.
Murphy said his medical problems coincidentally surfaced Nov. 11 when police arrested and charged him with criminal conspiracy as well as first- and second-degree promotion of a detrimental drug; first and second-degree commercial promotion of marijuana; first and second-degree promotion of harmful drugs and six counts of possessing drug paraphernalia.
With supporters including state Rep. Joe Bertram III of South Maui standing by his side outside the courtroom, Murphy said his arrest last week came as a "surprise, total surprise."
Maui police announced the arrests as part of "Operation Weedkiller" and reported confiscating a variety of substances including approximately 335 marijuana plants and clones, a vehicle, $14,085 cash, and drug paraphernalia associated with marijuana growing and distribution.
Deputy Prosecutor Timothy Tate declined to provide details about the charges against Murphy and the six other men charged in the case.
"All I can say is they weren't complying with the law," Tate said Tuesday.
Earlier this month, Murphy filed a lawsuit complaining the Maui Police Department interfered with the operation of Patients Without Time, which has been described as a medical marijuana advocacy and advisory organization to inform people about state and federal laws on medical marijuana. Murphy is the founder and director of the group.
Police said Patients Without Time and medical marijuana laws were used to disguise the drug trafficking organization.
Murphy claims that medical marijuana was seized by police in two separate incidents in the fall of 2007 when search warrants were executed at his Haiku residence. Murphy also said he is a registered medical marijuana patient and his residence was registered as a "medical marijuana grow site for himself and three other statutorily authorized medical marijuana patients."
He said Tuesday that he has been actively involved in lobbying for legislation to support medical marijuana growing sites, and he and others have followed the law in trying to help patients get the drug to address their medical needs. He said he considered the police seizure of marijuana from his home as criminal.
"Patients are being robbed by the Maui County police," he said.
Thanks to his organization, Murphy said 5,000 people have registered to vote. He said he was concerned that more than 200 pounds of marijuana valued at more than $1 million have been seized and would otherwise be used for legitimate patients.
"None of us are here to hurt anyone," he said. "We thought we were going through legal channels. . . . No one made any money here."
Murphy said he and others did receive stipends for gas and food, but none of them was making large profits to grow or deliver the marijuana to their patients.
Deputy Public Defender Jon Apo asked for and received permission to be excused from representing Murphy as well as co-defendants Brian Igershiem, 31, of Makawao; Stuart Hirotsu, 48, of Wailuku; and William "Bill" Cox, 48, of Haiku. Apo said his office can only represent John Cooper, 40, of Kihei, a previous client who is another defendant in the case.
The four - Murphy, Igershiem, Hirotsu and Cox - were told in separate hearings Tuesday to return to court Thursday for appearance of counsel and arraignment.
Bail for Murphy and Igershiem remained at $100,000. Igershiem, a self-employed landscaper, appeared at Tuesday's hearing with his own lawyer, Phil Lowenthal. Igershiem has been charged with criminal conspiracy, three counts of first-degree promotion of a detrimental drug, second-degree promotion of a detrimental drug, two counts of first-degree promotion of harmful drugs, second-degree promotion of a harmful drug and seven counts of possessing drug paraphernalia.
During his hearing Tuesday, Hirotsu, the only defendant in custody, told Cardoza he was anxious to get out of jail and resolve his case.
"I have a business, and that business will die if I cannot make bail," Hirotsu said.
"My participation was limited to phone calls, sir," Hirotsu told Cardoza. The judge warned Hirotsu that anything he said at the hearing could be used against him. Cardoza granted a bail study recommendation to reduce Hirotsu's bail from $50,000 to $25,000.
Bertram, who was re-elected to the House District 11 seat Nov. 4, has a prescription for medical marijuana and introduced bills to support Murphy's efforts for a medical marijuana production facility overseen by the state.
He said he co-signed documents releasing Hirotsu on bail. Hirotsu is charged with criminal conspiracy, two counts of first-degree promotion of a harmful drug and three counts of possessing drug paraphernalia.
Cox, meanwhile, has already posted $25,000 in bail and like Murphy and the two others, appeared for the withdrawal of counsel at Tuesday's hearing. Cox's charges include criminal conspiracy, two counts each of first-degree promotion of a detrimental drug and possessing drug paraphernalia.
Attorneys for Murphy, Hirotsu and Cox are expected to be with their clients Thursday for arraignment.
Three other defendants - Cooper, a self-employed maintenance worker; retiree Robert "Bobby" Armitage, 58, of Wailuku; and Douglas Kaleikini Sr., 54, of Wailuku, who does body and fender repair for Hawaiian Commercial & Sugar Co. - entered not-guilty pleas last Wednesday in 2nd Circuit Court. All three are free on bail with Armitage and Kaleikini each posting $25,000; and Cooper putting up $10,000 in bail.
Armitage, Kaleikini and Cooper, are each charged with a single count of criminal conspiracy.
On Tuesday, Murphy asked Judge Cardoza to redact or black out individual names in documents outlining charges against him. Murphy said he was concerned that his conversations with "legitimate medical marijuana patients" were in a public document that included their names and phone numbers.
"It's not fair," Murphy said.
Cardoza advised Murphy to talk with his newly assigned attorney about the matter and said they could bring it up at Thursday's hearing.
Protesting that he complies with laws for growing medical marijuana, Brian Murphy questions charges by Maui police of conspiracy and commercial promotion of marijuana during a 2nd Circuit Court hearing Tuesday.
The Maui News / MATTHEW THAYER photo
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Maui News
Author: CLAUDINE SAN NICOLAS
Copyright: 2008 The Maui News
Contact: claudine@mauinews.com
Website: Charges fabricated marijuana grower
