From: [k--ag--d] at [ilhawaii.net] (Kona Gold Enterprises)
Newsgroups: alt.hemp,alt.hemp.politics,alt.drugs.pot,sdnet.hemp
Subject: HEMP SEED FARCE [not encoded]
Date: Mon, 09 Oct 95 00:05:16 GMT

Aloha 
The following is a point of view article which appeared 
in the local papers here on the Big Island [Hawai'i]
concerning a current travisty of justice
Aloha
Dennis Shields

PS sorry about the uuencoded version

Point of View
by Jerry Rothstein
A Bystanders View of the First Hemp Seed Trial in America
In May 1991 Aaron Anderson, a Puna Hawaii resident and mayoral 
candidate, purchased 500 pounds of legal, steam-sterilized hemp 
seed from Frago, ND, in order to start a hemp seed food business 
and educate people about the nutritional value and uses of hemp 
seed.

Twenty-three of the 500 pounds had been shipped separately 
in preparation for an upcoming hemp seed food presentation. 
According to the police, a dog sniffed the package leading 
to Anderson's arrest.

Roger Christie, Anderson's associate in the "Hawaii Hemp 
Council," went to the police station to see Anderson and to 
show receipts, invoices and other material proving the legality 
of the hemp seed purchase.  When he acknowledged that he was 
part of the Hawaii Hemp Council with Anderson, Christie was 
advised of his rights and notified he was subject to arrest.

Christie and Anderson were indicted April ë92 (CR No. 92-100 
"State of Hawaii vs. Roger Christine and Aaron Anderson") and 
face a sentence of 10 years in prison.

In Nov '92 a motion to dismiss the case on the grounds that 
sterilized hemp seed was a legal product "in the stream of 
interstate commerce" in the USA was denied by 3rd Circuit 
Court Judge Shunichi Kimura.

The denial was appealed to the Hawaii Supreme Court which in 
early '93 remanded the case back to 3rd Circuit Court for a 
"full evidentiary hearing" on grounds of the parties "intent,"
a scope of federal regulation, and other factors.

After a year and a half delay during which time the defendants 
were on $2,000 bond, not allowed to leave the state without 
permission, and forced to delay the development of their hemp 
seed food business, the evidentiary hearings finally began on 
Sep. 5, 1995.

Zero Germination

Day 1 was dedicated to the testimony of Hawaii State Dept. of 
Agriculture seed specialist Wayne Kobayashi (a trained zoologist) 
who testified that there were "no seed testing guidelines for hemp 
seed" and that of the 800 seeds he tested, about 60 sprouted but 
were "all abnormal." Under questioning by prosecuting attorney Kay 
Iopa he also said that such seeds were "as likely as not to be viable"
 but admitted that this was simply a guess.

While the Hawaii County Police Dept. claims evidence of THC 
content in plants allegedly grown from the seized, sterilized 
seeds, no lab report supporting this claim has ever been produced 
nor have original police reports, photos, criminalists reports, 
or DOA seed testing worksheets.

According to Christie "all our hemp seeds are plain. All the 
seeds grown as evidence are speckled and striped." 

Prosecutor Threatens to Prosecute Defense Witness

Day 2, according to one observer, turned "exponentially weird" 
as it progressed.

To show that sterilized hemp seed is a legal product which anyone 
can buy, even in Hilo, Christie's fiancee Joanna Drussel was about 
to testify that four days earlier on Saturday, Sept. 2, she went 
to Miranda's Country Store on Kanoelehua St. in Hilo and purchased 
a 50 pound bag of sterilized hemp seed.

Prosecutor Kay Iopa threatened to prosecute the witness (for 
commercial promotion of marijuana) if Drussel testified. Despite 
her disclaimer to the contrary, it was a successful attempt by 
the prosecutor to prevent the defendant from bringing in evidence 
showing the wide range of hemp seed available in interstate commerce 
including Hilo.

Judge Greg Nakamura immediately appointed attorney Stanton Oshiro 
to be a lawyer for the witness. Oshiro advised Drussel not to testify 
but told the court that if Drussel were to testify she would tell 

XXXXX MISSING SOME WORDS HERE XXXXX [a sentence or two]

Prosecutor Threatens to Prosecute Public Defender's Investigator

Prosecutor Kay Iopa also threatened to prosecute Layne Yoshida, 
Anderson's Public Defender's investigator who had also purchased 
commercially available hemp seed two years ago from Miranda's 
Country Store and again in the past month in preparation for 
Anderson's defense. Under threat of prosecution, Yoshida declined 
to testify about his recent purchase.

During Yoshida's testimony, the courtroom riveted its attention 
on a bag of hemp seed he was holding that started spilling onto 
the witness stand as he testified. When it appeared that Iopa was 
about to collect the seeds, defense attorney suggested to the court 
that it may wish to advise Iopa of her 5th amendment rights as she 
appeared to be placing herself at risk of the same prosecution to 
which she had threatened defense witnesses. The judge thanked Strauss 
for his "editorial comment."

As a result of newspaper reports of the hearing in the Hawaii 
Tribune Herald and Honolulu Star Bulletin the next day, it has 
been learned that numerous people have indicated they intend to 
buy legal hemp seed, bring it to court when it reconvenes Oct. 6, 
and volunteer to appear as witnesses.

Selective Prosecution

The Christie/Anderson prosecution demonstrates the prejudicial 
practice of the Hawaii County Prosecutors Office. Miranda's Country 
Store and stores all over Hawaii County are buying and selling 
sterilized hemp seed because doing so is legal in the United States, 
except, it seems, when purchased by activists in the jurisdiction 
of the Hawaii County Prosecutors Office.

Dare IOPA prosecute KTA, Sure Save, Safeway and private and 
commercial aviaries because they have hemp seed bird food? 
(Certain birds don't sing without hemp seed in their diet.) 
Or Miranda's Country Store or other seed stores who have been 
selling bags of hemp seed for years with full knowledge of the 
Prosecutor's Office?

Iopa admitted in a previous proceeding that Anderson and Christie 
were selectively arrested and prosecuted because they advocate 
hemp reform. For years they have promoted hemp reform and the use 
of legal hemp products in letters to local newspapers and public 
forums.

It appears that exercising one's constitutionally guaranteed 
freedom of speach in Hawaii County places one in jeopardy of 
prosecutorial wrath. Perhaps the next victim of the Prosecutor's 
Office will be an outspoken poppy-seed bagel eater who will test 
positive for drugs since opium and its derivitives come from poppies.

Prosecutor Attacks Freedom of Speech

Following a status conference before Judge Kimura in 1994, defense 
attorney Strauss had suggested that Christie might waive any claims 
against the county for his prosecution in exchange for outright 
dismissl. Prosecutor Iopa replied that as part of any plea agreement 
Christine and Anderson must agree not to write any more letters to 
the media about hemp. 

Such a condition is a clear violation of constitutional rights. 
Not only is this prosecution intended to selectively prosecute 
and imprison hemp activities who have not violated any law, it 
is also intended to deprive Christie and Anderson of their 
First Amendment right to free speech should a plea bargain be 
struck.

During the course of Day 2, Iopa demanded the membership list 
of the Hawaii Hemp Council. Christie said he "will not name 
names." Strauss' objection was sustained when he cited the U.S. 
Supreme Court decision in NAACP v Alabama in which such a request 
would infringe on various privacy rights including the constitutional 
right of freedom of association.

"Yes" to "Personal Relationship"

During Day 2 former Hilo vice detective, now Kona patrol officer 
Dennis De Morales was asked if at the time of the arrest and 
prosecution of the case he was having a "personal relationship" 
with lead Prosecutor Kay Iopa. After answering "yes," Iopa leaped 
out of her chair to vociferously object and stop further testimony. 
The matter was discussed at length at the bench. Judge Nakamura 
reserved decision on the issue of further examination of the 
personal relationship issue. De Morales admitted he may have 
informally discussed the case against Christie and Anderson with 
Iopa before it was ever referred to the Prosecutor's Office.

The defense's right to question the witness about such maters 
is important since such a relationship raises the appearance of 
impropriety, potential bias, prejudice and ulterior motives.

Prosecutor Claims Her Own Evidence is Hearsay

Strauss is a court-appointed attorney representing Christie in 
the evidentiary hearing ordered by the Hawaii Supreme Court. 
(Anderson is represented by Public Defender Nealani Graham.) 
A request by Strauss for the cost of obtaining depositions 
and bringing in essential witnesses from the mainland was 
denied by Judge Nakamura.

Prosecutor Iopa is now objecting to recognizing the affadavits 
of such witnesses including affadavits from government agencies 
she obtaind, claiming that without the witnesses present to cross 
examine, their affadavits are "hearsay" and therefore "irrelevant."

One example is the affadavit Iopa obtained from the federal Drug 
Enforcement Agency (DEA) attesting to the approved nature of the 
seed purchase. Among other things, the affidavit said the DEA 
allowed for a certain percentage of seeds to sprout, and advised 
that there has never been a conviction in the USA for legal hemp 
seed in interstate commerce.

Judge Nakamura has reserved decision until October 6. If he 
rules in Iopa's favor, the court and prosecutor may be putting 
the defendants in a position where they are prevented not only 
from producing witnesses but also from using their affadavits.

Abuse of Process

To this observer, there appears to be no basis for this 
prosecution. The Hawaii County Prosecutors Office is acting 
prejudicially and abusing its power. Its delayed response to 
the 91 double arrest, interference with legal commerce, 
selective prosecution, the hardship its vindictivness has 
brought upon citizens engaged in legal commerce, the chilling 
effect on the development of the hemp seed food industry in 
Hawaii County, courtroom threats, and the attempt to abridge 
civil rights, are all indications of what appears to be abuse 
of process on the part of Deputy Prosecutor Kay Iopa, and her 
boss Jay Kiumra. Jay Kimura is ultimately responsible for 
condoning and sustaining this prosecution. The whole four-
year fiasco reflects upon his misplaced priorities and his 
ethics in this matter. How much time and money is being wasted 
on this non-case that could have been spent on resolving the 
Dana Ireland murdur and other real crimes?

This case brings to the attention of the citizens of Hawaii 
County the extent to which the hemp plant is being used to 
persecute citizens and abridge constitutional rights. How 
much pain, suffering, and expense have been inflicted upon 
innocent victims by out of control law enforcement agencies?

Kimura and/or Iopa can be reached in their Hilo office at (808) 961-0466.

Jay & Kay to Cost Taxpayers?

It is estimated that during the past 4 years this case has been 
pending, it has already cost taxpayers tens of thousands of 
dollars. Being under indictment for three and a half years 
and facing ten years in prison for engaging in legal commerce 
is a heavy burden for anyone to bear, as is being selectively 
deprived of the right to engage in a legal business. It is 
likely the case will ultimately be dismissed and when it is, 
the County of Hawaii has exposed itself to claims for 
violations of civil rights and selective prosecution. The 
prosecutor's court room threats provide further evidence 
of prosecutorial misconduct should such a case be brought 
to federal authorities. County & State taxpayers may be 
paying for the actions of the Hawaii County Prosecutors 
Office.

History of Hemp Prohibition

What is happening in Hawaii County is a reflection of the 
insanity of hemp prohibition which has permeated American 
government for the past 60 year, thereby preventing the 
benevolent use of Earth's premier plant not only for food 
but for fuel, fibre and medicine.

This prohibition was, in fact, based on a massive 
misinformation campaign by the Hearst newspaper chain 
and the timber, petroleum and chemical industries and 
their agents in government who duped Congress into 
eliminating  their foremost natural competitor by 
renaming hemp "Marijuana" and vilifying it with 
flagrant falsehoods perpetuated to this day.

It is true "anything wood can do, hemp can do better. 
Anything oil can do, hemp can do, too." Because of that, 
industrial interests designated man's best friend in the 
vegetable kingdom an "evil weed," and had Congress tax 
it out of use at the rate of $1600 a pound, eventually 
criminalizing its possession.

Hemp Reform

Hawaii can be self-reliant in food, fuel, and fibre 
(for fabric and construction) by developing a low-THC 
"industrial hemo" industry. The present county 
administration has in fact requested a federal permit 
for a pilot project to cultivate an industrial hemp 
field. 

The industrial hemp plant is insect and drought resistant, 
requires no pesticides, prevents soil erosion, improves 
soil fertility, and can be harvested three times a year 
in Hawaii. The expense of cultivation is minimal.

Just as sterilized hemp seed is legal and in the "stream 
of interstate commerce" so is hemp stalk, hurd, and fibre, 
but only if imported from another country. Canada, Poland, 
China, France, Russia, England, Switzerland, Holland, 
Tasmania, Hungary and the Ukraine grow and export hemp, 
which is illegal in the United States. This is economic 
treason. Hemp agriculture is both an environmental and 
economic boon to any county, state, or country where it 
is cultivated. 

The world-wide hemp reform movement has reached America. 

Mainstream print and TV media now recognize and regularly 
report on the beneficial uses of both industrial and 
medicinal hemp while the government remains stuck in the 
"evil weed" mindset despite their own studies to the contrary.
It would be of great benefit to the land and the people of 
Hawaii if the 1996 Hawaii State Legislature would initiate 
a study of the "pros and cons of hemp in Hawaii" and the Cayetano 
administration remove any legal obstacles to processing 
permit applications to grow industrial hemp in Hawaii. 30,000 
acres of Hamakua ag land await planting. 

Hundreds of thousands of acres in Ka'u, Maui, Kauai, Oahu, 
Molokai, Lanai and Kahoolawe await a crop. Goodbye sugar, 
hello hemp. Smaller ag lots are also viable planting sites 
for this multi-billion dollar, multipurpose renewable crop.

Judge Greg Nakamura 

Citizens of Hawaii look to Judge Greg Nakamura to let the 
light of justice shine through the darkness of hemp prohibition 
by dismissing all charges against Anderson and Christie and 
rebuking the Hawaii County Prosecutors Office for its folly.
The evidentiary hearing was continued for a month, to resume 
on Friday, October 6, at 8:30 AM, and Monday and Tuedsay, 
October 9 & 10. Interested members of the public who want 
to witness the ongoing drama of this bizarre case are 
invited to attend.

This article was originally printed in the Ka'u Landing 
news magazine, published on the Big Island of Hawaii.  
All rights reserved.  If you would like more of this 
kind of fare, including a continuing series of articles 
on hemp and its' uses by Jerry Rothstein, feel free 
to visit our web site at http://www.ilhawaii.net/kau-landing. 

You can also e-mail