Pubdate: Thu,  9 Jan 2003
Source: Maui News, The (HI)
Copyright: 2002 The Maui News
Contact:  http://www.mauinews.com/
Details: http://www.mapinc.org/media/2259
Author: Lila Fujimoto
Note: For more on drug policy in Hawaii go to
http://www.mapinc.org/areas/Hawaii

NEW STATE LAW GIVES MAN A CHANCE TO STAY CLEAN AFTER DRUG ARREST

WAILUKU -- Instead of being sent to prison, a 33-year-old man was placed on
five years' probation Wednesday under a new state law that applies to some
first-time drug offenders.

Dean Suzuki was also ordered to undergo drug treatment, perform 100 hours of
community service and provide monthly verification that he has a full-time
job or is continuing his education.

"Your lifestyle is going to have to change significantly," 2nd Circuit Judge
Joel August told Suzuki as he was sentenced.

Suzuki had earlier pleaded no contest to second- and third-degree promotion
of dangerous drugs and two counts of possessing drug paraphernalia.

The charges stemmed from a July 11, 1997, search of Suzuki's residence on
Kaiolohia Street in Kihei. After executing a warrant, vice officers seized
seven packets containing 5.5 grams of crystal methamphetamine along with a
black bag containing two baseball gloves that had smoking pipes with
methamphetamine residue, two police scanners and an electronic stun gun.

The seven packets, which police suspected had been in Suzuki's pocket when
they arrived at the residence, were later found in a garage in front of the
house. Suzuki had told his son to take the packets out of his pocket,
according to documents filed in court. Suzuki reportedly told a police
officer "that only he was involved in the drug dealing, not his wife and
kids, and it was an isolated incident where his son had something to do with
it."

In sentencing Suzuki, August followed a plea agreement reached between the
defense and prosecution to sentence the defendant under Act 161, which
requires probation and drug treatment rather than incarceration for
first-time nonviolent drug offenders.

For Suzuki to qualify, the judge had to find that his convictions were for
possession or use of drugs and not for distributing or manufacturing drugs
and that he had no convictions for a violent felony in the five previous
years.

If he complies with requirements of his probation, Suzuki can have his
record expunged.

"The court's primary concern is that you basically stay clean for the
future," August told Suzuki. "I want to make sure you have the personal
commitment to go ahead and do that."

Deputy Prosecutor Kevin Jenkins said Suzuki's employment history is
"basically nonexistent" and that he would need a few thousand hours of work
to pursue his interest in becoming a journeyman carpenter.

Suzuki reported that he worked "cash jobs" as a laborer for friends, earning
a monthly income that was $500 less than his expenses, Jenkins said.

He noted that police seized more than $60,000 cash in another search of
Suzuki's residence. That search was done Sept. 2, 1999, at a home on Paka
Place in Kihei.

After the money was found in a tool box in the garage, a police dog was
alerted to the cash, indicating the bills had been in contact with drugs,
according to court records.

Suzuki, who reported that he enjoyed hunting and fishing, would not be
allowed to legally hunt with a firearm because of his felony convictions,
Jenkins said.

Suzuki was indicted a second time on the drug charges last August after the
charges previously were dismissed because of delays in bringing the cases to
trial.
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