Pubdate: Mon, 10 Jun 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

POT ADVOCATE'S TRIAL PUT OFF AGAIN

A Hearing on His Defense Will Delay the Case for Three Months

Yet another delay in the prosecution of Roger Christie will keep the 
Hawaii cannabis advocate jailed without bail for well over three 
years before a jury trial is held in the case.

A federal marijuana trial for Christie, who has been held without 
bail since July 2010, has been postponed from next month to October.

The delay was triggered by a request from Christie's lawyer for more 
time to respond to a prosecution move to keep the religious freedom 
defense from being used in the trial.

The postponement means 63-year-old Christie, who headed The Hawaii 
Cannabis Ministry in Hilo, will stay behind bars an additional three 
months despite numerous attempts to be released pending trial. The 
ministry is now defunct.

U.S. District Judge Leslie Kobayashi reset a trial date last week 
from July 23 to Oct. 8 after Christie's lawyer, Thomas Otake, asked 
for additional time to reply to a 119-page brief filed by federal 
prosecutors last month.

Otake wants Kobayashi to permit him to raise the defense that 
Christie should be acquitted of marijuana trafficking charges under 
the federal Religious Freedom Restoration Act.

But Assistant U.S. Attorney Michael Kawahara responded in his massive 
legal brief that the defense doesn't apply in the case.

Kobayashi gave Otake more time to respond, but that meant the hearing 
on the defense request scheduled for this week had to be postponed 
until July 29.

Because of scheduling problems, Oct. 8 is the earliest Kobayashi can 
preside over what is expected to be a trial of three to four weeks.

"How the judge will rule on our religious-defense motion is extremely 
critical to our case, and we wanted the time necessary to respond to 
the government's 119-page opposition," Otake said last week.

The trial delay is the latest for Christie, who has become an icon 
for supporters who say he has been unfairly held and targeted because 
of his marijuana advocacy.

He was one of 14 indicted by the federal grand jury on marijuana 
trafficking charges after a two-year investigation that included 
wiretaps on his home and THC Ministry office telephones and his 
cellphone. The wiretaps produced about 12,000 recorded calls.

Christie and the others were arrested in July 2010. He was the only 
defendant detained without bail.

He sought release on bail seven times but was turned down by federal 
judges here and the 9th U.S. Circuit Court of Appeals. They all 
agreed with prosecutors that he poses an unspecified danger to the 
community if released.

Christie is joined by his wife, Sherryanne, also a defendant, in the 
request to raise the religious defense.

The federal law is aimed at protecting a person's free exercise of 
religion from government interference.

The Christies maintain that being prosecuted interferes with their 
sincere beliefs that marijuana is an integral part of their religion.

"Sacramental use of cannabis opens the mind, frees the soul and 
releases the body to commune with God and balance itself," Roger 
Christie said in a sworn statement supporting the defense request.

In opposition, Kawahara argued that the Christies' views about 
marijuana do not constitute religious beliefs.

"Rather, it was merely a personal philosophy and way of life for the 
purpose of providing 'cover' for their secular marijuana trafficking 
activities," he said.

In the wiretapped phone calls, the Christies indicated that they had 
about 50 to 70 customers a day, sold about a half-pound of marijuana 
daily and made a profit of about $1,000 for each half-pound, Kawahara said.

Otake said they haven't decided whether his client will testify at 
the hearing, which likely will include witnesses from the defense and 
prosecution. The hearing is scheduled for two days.

Christie, meanwhile, remains at the Federal Detention Center here.

"He's still very positive and looking foward to his day in court," Otake said.

Six defendants have pleaded guilty to marijuana charges and are 
awaiting sentencing. The other defendants are scheduled to be tried 
with the Christies.
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MAP posted-by: Jay Bergstrom