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