Pubdate: Sat, 30 Mar 2013
Source: Honolulu Star-Advertiser (HI)
Copyright: 2013 Star Advertiser
Contact: 
http://www.staradvertiser.com/info/Star-Advertiser_Letter_to_the_Editor.html
Website: http://www.staradvertiser.com/
Details: http://www.mapinc.org/media/5154
Author: Ken Kobayashi
Page: A1

ISLE POT ADVOCATE DENIED DISMISSAL OF CASE

A federal judge denied defense requests Friday to dismiss the
marijuana case against Hawaii island cannabis advocate Roger Christie,
clearing the way for his trial in July.

U.S. District Judge Leslie Kobayashi issued an order saying the
dismissal and other defense requests were denied. A more detailed
order will come later, she said.

The ruling means Christie, who has been in custody without bail for
more than 21 2 years, will continue to be held at the federal
detention center until his trial.

The case of the 63-yearold man who ran the Hawaii Cannabis Ministry
has become symbolic to marijuana supporters and others who say he is
being unfairly prosecuted and detained because of his views.

Two resolutions calling for Christie's release are pending in the
state Senate.

Christie's wife, Sherryanne, who is also charged in the case, said
Friday's ruling indicates that her husband won't get a fair trial.

"Zero fairness for bail for Roger feels like zero fairness for trial,"
she said.

But Assistant U.S. Attorney Michael Kawahara noted that Kobayashi
would have been the first judge in the country to throw out marijuana
charges because of its federal classification as a most highly
restricted drug.

Christie's lawyer Thomas Otake had argued that Christie's
constitutional rights are violated by the federal government
categorizing marijuana as a Schedule I drug - a category that also
includes heroin. He said the category is reserved for drugs that have
no acceptable medical use, but Hawaii and 17 other states permit
marijuana for medical reasons.

Kawahara, however, argued that courts have upheld marijuana as a
Schedule I drug and that a recent federal appeals court decision from
Washington, D.C., said there's still a "serious debate" over the
effectiveness of marijuana for medical purposes.

By denying the dismissal request, Kobayashi apparently declined to
strike down marijuana's federal classification.

By the time the trial starts, Christie will have spent more than three
years in custody since his arrest in July 2010.

Christie and 13 others were arrested on a federal grand jury
indictment alleging marijuana trafficking.

He was charged with conspiracy and related charges of growing and
possessing 284 marijuana plants. Each charge carries a prison term of
five to 40 years.

Christie has maintained he promoted the religious use of marijuana as
a sacrament at his ministry.

He has repeatedly sought release pending his trial, but federal judges
here and the 9th U.S. Circuit Court of Appeals turned down his
requests, ruling that he poses a danger to the community.

Kobayashi also denied other defense requests Friday, including one
seeking to suppress the prosecution's wiretaps of some 17,000 calls on
Christie's home phone and cellphone and the ministry's phone.

One pending issue is whether Christie will be able to raise the
defense at trial under the Religious Freedom Restoration Act.

Otake has said Christie sincerely believes in his Christian-based
ministry and marijuana as a sacrament.

But federal prosecutors say Christie was using his ministry as a front
for a large-scale marijuana trafficking enterprise that had up to 70
customers a day.

Kawahara said they will oppose the request.

Christie, his wife and the other defendants are scheduled to go on
trial July 23.
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