Pubdate: Tue, 12 Feb 2008 Source: West Hawaii Today (HI) Copyright: 2008 West Hawaii Today Contact: http://westhawaiitoday.com/ Details: http://www.mapinc.org/media/644 Author: Bob Nelson POT SENTENCE Was it too extreme? Does justice equal good judgment? Last Monday, on Feb. 4th the Hon. Greg K. Nakamura, 3rd Circuit judge, sentenced 24-year-old, Sequoia O. Heuer to 10 years in prison for his involvement in his father's marijuana cultivation business. This young man had openly admitted his involvement and had thrown himself upon the mercy of the court. I believe Judge Nakamura was correct in his assessment of the gravity of this matter, though it would appear the sentencing was quite harsh considering Sequoia was a first time offender with no prior arrests of any kind. The judge's extreme decision left everyone somewhat perplexed, including the prosecuting attorney, himself, who had requested only an 18-month sentence with credit for time already served (seven months). Despite pleas from both attorneys for leniency, Judge Nakamura sentenced 24-year-old Sequoia Heuer to 10 years in the state penitentiary. This situation becomes acute when one realizes that Sequoia would have to serve out this sentence in a facility that has a reputation for gang activity and racially biased violence. I personally feel that the use, sale, production of all illegal drugs is, singularly, the most critical problem currently facing our community today. I also firmly believe that laws to combat such action should be strict and severe. For this reason, I commend Judge Nakamura for sending a message to anyone who engages in such illicit behavior and wholeheartedly agree with his condemnation. The real issue, however, that concerns me, is the motivation behind such a staid sentence. From what I understand, the court is fully aware that Sequoia's father is the actual perpetrator of this crime. Also, it appears that they are aware that Sequoia has had little or no contact with his father who has been incarcerated for the better part of the past 10 years. Why, then would the state impose such a harsh sentence on this criminal's son? Evidently the father, Mark Heuer, unlike his son, Sequoia, was not caught with a substantial amount of contraband in order to prosecute him to any degree. Clearly, the state needed the son's testimony against his own father, otherwise they didn't have much of a case. Against the advise of his own attorney, Oahu-based Myles Breiner, Sequoia chose not to testify against his own father, knowing that it would make his dad a three-time offender and he might never see him again. While I understand the court's frustration in this matter, I feel the reasoning behind such a severe sentence a bit flawed. A callous sentence administered to the son in order to convince him to compromise his father seems extreme. What advantage is there for the state to pursue this course of action? At best, it will simply embitter a young man but at worst, it could turn him towards a life of crime. And in the end, we all lose. Bob Nelson, Pahoa - --- MAP posted-by: Derek