Roger Christie is scheduled to plead guilty Friday to marijuana trafficking

p122654

Active Member
The proponent of the religious use of marijuana has been in jail for more than three years awaiting his trial
By Ken Kobayashi POSTED: 01:30 a.m. HST, Sep 25, 2013

Roger_Christie3.jpg


Roger Christie was kept in prison after the courts agreed with prosecutors that he was a danger.

Hawaii island cannabis advocate Roger Christie is scheduled to plead guilty Friday to marijuana trafficking, charges that have kept him behind bars for more than three years awaiting trial.
Christie's wife, Sherryanne, is also scheduled to plead guilty, the two having reached a plea agreement in the case.
The Christies had been scheduled for trial next month. Details of their agreement have not been made public, but the two are expected to withdraw their not-guilty pleas and instead plead guilty before U.S. Magistrate Judge Richard Puglisi, according to the federal court calendar.
They would be sentenced at a later date. It is not clear how much more time Roger Christie would have to serve in prison since he would be credited for the nearly 31⁄4 years he has already spent in custody at the federal detention center. Assistant U.S. Attorney Michael Kawa-hara declined to comment Tuesday, and the Christies' Thomas Otake and Lynn Pana-ga-kos could not be reached for comment.
Roger Christie, 63, who has become a cause celebre for marijuana supporters, had promoted the religious use of marijuana for years at The Hawaii Cannabis Ministry in Hilo before he was jailed.
During his time in custody, marijuana advocates and several community groups pressed for his release, saying keeping him imprisoned over the years was a violation of his constitutional rights.
Christie's court case also became part of the marijuana debate here and nationally. Since his arrest, voters in Washington and Colo-rado have legalized marijuana for personal use, and the Department of Justice has said it will not challenge those laws.
During the session of the state Legislature, the House Judiciary Committee heard a measure to legalize up to an ounce of pot before the committee tabled the measure. And some state senators said they believed Christie had been treated unfairly, signing a resolution that was never brought to a vote.
Christie's operation was shut down when he was arrested in July 2010.
The Christies and 12 others were charged in a federal grand jury indictment with marijuana trafficking.
Christie and his wife were also charged with conspiracy in connection with the case, charges that carry a prison term of five to 40 years.
Most of the others have pleaded guilty to marijuana-related charges and are awaiting sentencing.
Christie has maintained that marijuana was used as a sacrament in his ministry and that he should be shielded from prosecution under the federal Religious Freedom Restoration Act.
But U.S. District Judge Leslie Koba-ya-shi earlier this month ruled that the Christies could not use that defense.
Otake had contended earlier that Koba-ya-shi's ruling would be "extremely critical to our case."
Kobayashi's ruling cleared the way for the Oct. 8 trial.
Federal prosecutors had contended that the religious defense was a ploy to mask a large-scale marijuana-trafficking operation.
The federal indictment followed a two-year investigation by federal and Hawaii County law enforcement that resulted in the seizure of 2,296 marijuana plants, nine weapons, 33 pounds of processed marijuana and more than $21,000 in cash. The probe also included wiretaps that recorded thousands of calls on Christie's cellphone, phones at his home and at the THC ministry.
Christie's wife was allowed to be released on bond, but Christie was held without bail despite repeated requests for his release.
Federal judges here and the 9th U.S. Circuit Court of Appeals denied those requests, agreeing with prosecutors who maintained he would pose a danger to the community if he were to be set free.
Federal prosecutors had argued that authorities searched Christie's home and the ministry in March 2010, but he still continued his ministry until his arrest four months later. The Christies also lost a bid to suppress the recorded phone calls, which laid the foundation for the charges against them.
Based on those calls, federal prosecutors said the Christies indicated they had as many as 70 customers a day, sold about a half-pound of marijuana daily and made a profit of about $1,000 for each half-pound.


this was in the paper today, it sounded more like a gossip column, we haven't even written, or signed anything yet. shame on this journalism. once again they bring up about rifles and guns which Roger and I hadn't 0 any or knew about other people's guns, I'm still mad that they took my $900 for my Social Security check in the 1st government raid, which I was going to use on my holes in the roof cottage, the next time that we got raid they took my $700 that I saved up for new bed mattress because I was having so much back problems. that included in Rogers life savings of $21,000
I love my husband and he had the last say. I still wanted to go to court, but I see the larger picture of us plea-bargaining. I just despise having to get anything to the government including Rogers condo that his mother gave him. for taking care of her for over 20 years every winter Hawaii, bless her heart. that's probably been the hardest thing for me to swallow that Roger did not get to see his mother before she died last year. anyway I'm grateful that we get to fight for the larger picture of this. [ to End the war on drugs] for many of you that it's hard to understand written law, federal law especially, this is quite unusual that we get to appeal even though we're doing the plea bargain. as Roger has written
here today many blessings

Share Christie


@@@

Aloha. Get a grip; we are zero 'frightened'. We know how our judge rules; denying me reasonable bail, accepting the Schedule 1 for marijuana as rational, denying suppression of our unconstitutional wiretap evidence, denying us reasonable religious rights, denying us our RFRA motion. What's she gonna do with estopple?

Now that all the important issues have been removed from trial, what's the point of a trial? The importance of keeping all the above issues ALIVE and growing towards an appeal in San Francisco is what's primary. We can appeal from prison or from home. The choice was EASY.

All the best to everyone,
from Roger Christie
 
As a Minister of the THC Church, having been anointed with the Biblical formulation, by Rev. Roger Christie himself, please allow me to offer my thoughts on these serious issues.

Ultimately, this is a spiritual test for all of us, because it tests us whether we will walk in the light of God's law or surrender to the fear of Man's law. Most people are inclined to obey Man's law, as a matter of practicality. However, those of us who have been healed and restored by this extraordinary herb, find that we must now answer to a higher authority instead. Whatever you choose to call it, we recognize a higher power in our lives and that cannabis connects us to that power.

I hope Roger will reconsider his decision, before he makes the biggest mistake of his life and cops a plea this Friday. How can someone who has walked so long in the path of light, agree to a pact with the devil and publicly denounce everything he believes and has so courageously fought for? He can't, not without denying himself and the higher power to which he has dedicated his life.

Plea bargains are never a bargain. Probation strips you of your rights and creates an inevitable violation of probation that lands you back in jail.

Accepting a plea bargain to buy time for an appeal is not the answer, because it means you have chosen Man's Law over the spiritual opportunity to speak your Truth to a jury of your peers.

I urge Roger to place his considerable faith in his jury, speaking as a minister, reaching their hearts and persuading them that he and his wife are the VICTIMS, not criminals, and that the law is wrong, not Roger and not the millions of people who use cannabis as our spiritual medicine.

The First Amendment of the US Constitution is easy enough for any jury to understand: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

Rev. Christie is just the man to make the Constitutional argument that his jury will understand and support. As Thomas Jefferson so wisely wrote: "I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution."

Let freedom grow,

Steve Kubby
 
Notice of change of schedule for sentencing

@@@

Hello out there,

Aloha. Big thanks to everyone who has sent a letter of support addressed to our Judge and mailed to our lawyers. Share and I are really grateful for you helping us.

Last week we got word that our sentencing hearing scheduled for February 12th has been delayed ... again ... this time until April 28th at 2 p.m. Share's lawyer has been in a long trial and told her in an email that she needed more time to prepare so she made the request of our Judge for the change. The Judge granted it without us knowing about it until it was done. Oh well ... God, that's great.

As always, we're 'practicing what we preach' by looking for - and are already finding - blessings in the delay. Just last week Pres. Obama moved away from the old 1930's Reefer Madness policy of criminalizing marijuana to a new suggested policy of making marijuana a 'public health matter'. (See his comments for yourself in an interview with Jake Tapper on CNN.) Who knows what positive changes can - and will - happen between now and April 28th?

Since we made a Motion to Dismiss all of our charges based on the wrongful classification of marijuana as a Schedule 1 substance, and we've been allowed to appeal it to the Ninth Circuit Court of Appeals, we're feeling like we're close to winning it based on the President's latest comments. We think we could possibly win the motion -and our case - before our sentencing date.

We're still working and praying for the federal government to de-Schedule or re-Schedule marijuana, to reduce or better yet to end mandatory minimum sentences, and to end the confiscation of personal property and our homes for us, for our co-defendants, and for all of "we the people" before April 28th. Spirit-willing, so it shall be.

All the very best to you,

Roger & Share

Post of email from my friends.

Enjoy: p122654
 
An interesting case which constitutes inclusion of various religious, moral, and Constitutional aspects.

If I had to make a guess it would be that they (the courts) will separate the religious aspect from the selling marijuana aspect; and sentence them based solely on selling marijuana for profit, which of course would be based upon those phone taps and [I assume] undercover buys.
Time served would be a fair guess.

If I remember correctly there used to be a church in Canada that used marijuana for religious purposes but I do not ever remember them being in trouble with the law. They were able to keep their religious practices within the confines of the law. I assume that this is where Mr. Christie slipped up and stepped outside of religiously acceptable boundaries and into unlawful practices.
 
Message from Roger Christie;

Aloha. God, that's great! I'm finally going to the halfway house tomorrow (Thursday) morning. It's real. It's happening.

Earlier today I was called out to sign "work furlough" papers and to put my right thumb fingerprint on the official form to leave F.D.C. The B.O.P. put in writing that I can walk out the front door with my paperwork (4 boxes worth) and minimal belongings tomorrow at 10 a.m. to allow me time to be checked-in at the halfway house by 11. The Administration will call and pay for a cab to take me to Mahoney Hale halfway house a few miles away, or I can have a friend pick me up. I'm told that I'll be sharing a 2 bedroom apartment with three other guys until the "expiration of my sentence" on November 14th when I'm allowed to fly "home-sweet-home" for good. Some guys tell me that Mahoney Hale is the best halfway house in the U.S.A. We'll soon see if it lives up to that good reputation.

I'll have a press release, more stories and details of what's happening in a day or two. Thanks for your love and support to Share and me throughout this unexpected, challenging and educational adventure.

All the very best to you and yours!

Love, Roger

:-D

Hawaii Marijuana | The THC Ministry and marijuana in Hawaii; Legal Precedents & Religious Advocacy
The Last Marijuana Trial
 
On Sep 15, 2015, at 7:58 PM, Roger Christie <rogerchristie@gmail.com> wrote:

@@@

We're sending this email out to our empowerment list of friends and supporters ... including YOU.

@@@

Hi there,

Greetings of aloha from Roger and Share. We hope this finds you and yours in great shape and high spirits.

Roger's been home from the Federal Detention Center in Honolulu for ten happy months. The transformation has been slow and steady losing weight and rebuilding energy and stamina and working on his book.

It's really fun to get to know and enjoy the farm life and especially the animals, sweat lodge, gardens and living off-grid, but with the very fast satellite internet service.

Roger enjoys using the TORO riding mower a lot; it feels like an adult go-cart that does useful work. There's a lot of other tools and chores that are new to him on the farm so it's been a new learning experience.

We're grateful for all of our friends and supporters. Meeting people in person in town is especially fine. We go through a renewal of friendship, have a hug and wish each other well.

Share enjoys having me home enjoying our daily routine together; loving each other up. We got married while Roger was incarcerated in 2012 so this time together has been our honeymoon.

We've felt like recluses these past ten months hardly ever leaving the farm or making and receiving few phone calls or emails, but enjoying the time together. We're on the short-leash of federal probation so that's the main reason we don't visit friends or go to parties. We're prohibited from possessing Cannabis, visiting medical marijuana gardens, or even having 'contact' with anyone who's a felon.

The next important step in our ongoing case are the oral arguments on our four appeals to the Ninth Circuit Court who will be visiting Honolulu from San Francisco on Friday October 16th from 9 am til noon. We only have twenty minutes in total to sum-up our case and the government gets twenty minutes to sum-up their opposition. A ruling is due from them three to twelve months later.

Share's new and fourth attorney Georgia McMillen of Maui has experience in arguing before the Ninth Circuit Court of Appeals, and has no personal opinion - she says - about the subject of prohibition. Share still faces twenty-seven months in federal prison, however if and when we win there are many shades of gray in a potential ruling in our favor. This is the most important focus by far of winning our case; to keep her free. We also hope to overturn our convictions, get my home and life savings back and get legal recognition and immunity from prosecution for the THC Ministry in federal law. We want to advance the cause of religious freedom for Cannabis sacrament for "We the people" and literally be the last marijuana trial in the USA.

Here are the four motions we made that were denied by U.S. District Court Judge Leslie Kobayashi that we're appealing:

1.) The classification of marijuana as a "Schedule 1" most dangerous substance with no recognized medical use. We would like to be the ones who finally win the argument that marijuana HAS recognized medical use in treatment now in twenty-three states and the nation's Capitol, Washington, D.C.

The new Administrator of the D.E.A. Chuck Rosenberg said just last week that 'we still don't see any medical use for marijuana'. This statement is so absurd that it might make it easier for the Ninth Circuit Court Judges to see through the big lie of the government over marijuana's classification as having 'no medical use'.

2.) Share and I were ruled by our federal judge to be "sincere" and "religious" and everything we did was ruled to be "legitimate religious practice", but then we were denied a religious defense based on the Religious Freedom Restoration Act. Our judge ruled (wrongly, we contend) that the government had a "compelling interest" in prohibiting our legitimate religious practices because marijuana is classified as a Schedule 1 most dangerous substance, AND that the government used the "least restrictive means" available to them by arresting us; another great big lie.

3.) The Controlled Substances Act is "void for vagueness" compared to the Religious Freedom Restoration Act which allows certain otherwise prohibited sacraments like peyote and ayahuasca and should allow Cannabis.

4.) All of the wiretap evidence used against us (17,000 phone calls) should have been suppressed by our judge and ruled null and void because the D.E.A. fabricated a story to get our judge to approve the wiretaps.

We personally ask you to please light a candle of hope and say a prayer for us on October 16th.

Lots of love to you,

Roger and Share

@@@


@@@
 
Back
Top Bottom