Pubdate: Thu, 08 Jul 2010
Source: Garden Island (Lihue, HI)
Copyright: 2010 Kauai Publishing Co.
Contact: 
http://thegardenisland.com/shared-content/perform/?domain_name=thegardenisland.com&form_template=letters
Website: http://kauaiworld.com/
Details: http://www.mapinc.org/media/964
Author: Paul C. Curtis

FORMER KAPA'A MAN CONVICTED OF GROWING MARIJUANA IS PARDONED

LIHU'E - This is a story about a crime, a bust, a prosecution and a conviction.

But it is also a story of determination, undying love, perseverance, 
five years of prayer, some powerful players going to bat for a 
convicted felon, and more.

Of the 11 people who received pardons from Gov. Linda Lingle for 
various crimes, Joseph Francisco Medina is the only one originally 
from Kaua'i to receive a pardon that removes the 1996 conviction from 
his record.

"It wipes the slate clean," said Clara Medina, 58, Joseph Medina's 
wife, who said she started the pardon paperwork process in 2005.

That involved filling out all kinds of paperwork, getting letters of 
recommendation from lawyers and other people, and then having 
everyone - family members, friends, neighbors, co-workers, all who 
wrote letters in support of Medina - interviewed by special agents 
from the state Office of the Attorney General, said Clara Medina.

"We were saying a lot of prayers," she said in a telephone interview Tuesday.

"My wife and I went through a lot," said Joseph Medina, 59. "It's 
like the punishment wouldn't stop. Finally it's over."

Joseph F. Medina was arrested in February 1996 for having 45 
marijuana plants in his Kapa'a home, and was originally charged with 
second-degree commercial promotion of marijuana, possession of drug 
paraphernalia and second-degree promoting a detrimental drug.

Medina was convicted of first-degree promoting a detrimental drug, a 
class C felony, and was sentenced to one year in prison and five 
years probation.

He received his certificate of discharge from probation on Nov. 26, 2001.

He had been arrested in 1988 for abuse of a family or household 
member but has had no further arrests since 1996.

The year he spent at Kaua'i Community Correctional Facility turned 
out to be a lifesaver, he said.

Though he lost his house and job as a laborer who would eventually 
work his way up to a white-collar supervisor in the county Department 
of Public Works, he never lost hope.

Gary Rodrigues of the United Public Workers union helped him get his 
job back, complete with back pay, vacation and sick leave, after 
then-Mayor Maryanne Kusaka fired Medina, he said.

Medina said Kusaka, who could not be reached for comment for this 
story, was supposed to follow five steps leading to eventual 
termination, not jump right to termination, but that he doesn't hold 
a grudge and still hugs Kusaka when he sees her in public.

"She made mistakes and I made mistakes also. We all make mistakes," 
he said. "Nobody's perfect."

Warden Neal Wagatsuma of KCCC "doesn't give up on people. He believed 
in me and that gave me more drive.

"I feel like I'm one of his trophy students. I'll never forget that man."

The feeling is mutual, Wagatsuma said.

"He was one of the few inmates who made a complete turnaround. He 
kind of exemplifies what we hope the inmates can accomplish," said Wagatsuma.

"I'm really kind of proud of him," the warden said.

"It's hard to find inmates who develop stability. We hope that they 
become better people, embrace social standards," he said.

"There are still a few who continue to do really well."

Medina was able to buy another Kaua'i home, which he sold before 
buying land and building a home south of Hilo on the Big Island, 
where his wife is from. He retired from DPW after 25 years of 
service, and now drives a school bus part-time on the Big Island.

His wife runs a day care business out of their home, she said. Son 
Travis Medina, 25, of Kapa'a, works for the federal Transportation 
Security Administration at Lihu'e Airport.

"I guess this means a lot to me because we have four generations on 
Kaua'i," and they backed him up and he appreciates it, Joseph Medina said.

"You can change."

Medina said he first read about his pardon in the Hawai'i 
Tribune-Herald newspaper, and he had expected some sort of 
notification in the mail. "It was a real shocker" to read about his 
pardon in the newspaper.

"You can bounce back," said Medina, whose father before him was also 
a county employee.

He was pardoned June 30, and is one of 11 people pardoned by Lingle 
in the first half of this year. She has pardoned 88 people since taking office.

Lingle said in a press release announcing the 11 pardons that each 
pardon request was reviewed by her, the state Department of Public 
Safety, the Hawai'i Paroling Authority and the state Attorney General's office.

"The individuals broke the law, but they have served their sentences, 
kept their records clean and have proven that they are now leading 
law-abiding lives in the community," said Lingle.
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MAP posted-by: Keith Brilhart