VOLCANO POT FARMER GIVEN 20-YEAR TERM

Judge Tells Man, 65, He's Not an Evil Person, but 'Respect for Law' At
Stake

HILO, Hawai'i -- A Big Island man was sentenced to up to 20 years in
prison yesterday for commercial promotion of marijuana, the only case
in recent memory where a first conviction in a marijuana case prompted
such a long sentence.

Volcano resident David Finley Jr., 65, was arrested Jan. 29, 2007, in
a raid on his Volcano ranch that turned up three indoor growing
operations on the property, including a greenhouse attached to
Finley's home, equipment for manufacturing hashish and more than 75
pounds of dried marijuana and other drugs.

The dried marijuana found on the property included 127 sealed 1-ounce
packets labeled with prices of $280 to $300 each, according to court
records.

Finley pleaded guilty on Feb. 14 to two counts of commercial promotion
of marijuana, and yesterday told Hilo Circuit Judge Glenn Hara that
"I'm terribly sorry for what I've done."

"I know I've done wrong, and I have to be responsible for that," he
said.

More than 90 letters of support were submitted to Hara asking for
leniency, including letters from members of Finley's church, his
childhood friends, college friends and others.

Hara told Finley he does not believe Finley is "an evil person," but
noted Finley was arrested in another raid at the property in 2006, and
said it appeared Finley had been growing marijuana for sale for about
six years.

Hara said he knows marijuana use is entrenched on the Big Island, but
questioned what would make a person with Finley's background opt to
grow the illegal crop.

"How do we get the message across that there's still marijuana laws on
the books, and it's still illegal?" Hara asked.

Finley's lawyer Brian De Lima asked that Finley be sentenced to
probation, but Hara told Finley that "any sentence other than prison
would undermine the community's respect for the law." He then imposed
two 20-year terms that will run concurrently.

"I think 20 years in prison is a very stiff sentence for Mr. Finley
given his background," De Lima said after the hearing. "I think the
judge wanted to send a message to the general community, and,
unfortunately, Mr. Finley was the recipient of that message."

Prosecutors also filed to seize the Volcano ranch in a forfeiture, and
De Lima said the Finley family will pay $85,000 to settle that case.

The Hawai'i Paroling Authority will decide how much time Finley will
have to serve before he is eligible for parole.