S.J. ATTORNEY SUCCESSFULLY DEFENDS TEA DRINKER

Consuming kava tea and then going for a drive in San Mateo County can get
you busted for driving while under the influence.

The San Francisco Peninsula county has already put one Polynesian driver on
trial and is preparing to prosecute another.

But Stockton attorney Scott Ennis, who successfully defended Taufui Piutau,
a 47-year-old San Bruno resident, says the kava prosecutions are misguided
and racist, targeting Pacific Islanders whose culture includes a
ritualistic consumption of kava.

Kava is a Polynesian plant that has gained popularity around the world as
an herbal supplement that helps reduce anxiety and sleeplessness. The
plant's effects have been compared to the effects of prescription
tranquilizers such as Valium and Xanax.

Among natives of the South Pacific's Tonga Island, kava tea is consumed at
weddings, funerals and other special occasions, said Stockton resident
Keleni Kulitea, 18.

In the Bay Area, however, the kava klatches come more frequently, she said.

"Down at San Mateo and Oakland, they do it every weekend; they use it to
raise money (for fund-raisers)," Kulitea said.

Kava tea consumption is tied to courtship on Tonga Island, giving boys the
excuse to visit girls and get to know them better while being served kava
tea, she said.

Kulitea said she was surprised to hear that kava drinkers have been
arrested for driving under the influence.

"I never heard of that. They must drink a lot," she said. "Kava, it takes a
lot for you to get that drunk."

Tongans don't drink kava to get drunk, however, Ennis said, noting that
kava tea "tastes like dirt, with a little malted milk thrown in.

"They're (San Mateo County prosecutors) trying to say these people abuse
it, they drink it to get high," he said. "But it tastes so lousy, it's much
better to drink a beer or a shot of whiskey."

Ennis said he demonstrated kava tea's effects recently when he drank about
a dozen "big cups" over a five-minute period. The feeling of relaxation and
euphoria went away after about 15 minutes, however.

"There's no way this stuff stays in your system long enough to create the
impairment they want," he said.

San Mateo County prosecutors disagree and have decided to charge a second
Tongan with driving while under the influence of kava tea, even though the
county's prosecution of Piutau -- said to be the first in California --
ended in a mistrial last month after jurors deadlocked 10-2 in favor of
acquittal.

San Joaquin County and Stockton law enforcement officials say there have
been no claims of kava impairment for motorists arrested while driving
under the influence.

Kava, which can be consumed in pill, extract or tea form, has been the
subject of several scientific studies, including one at University of the
Pacific in Stockton.

In a 1998 double-blind study, about 100 subjects took kava or a placebo for
a month, said Roger Katz, a UOP psychology professor who directed the study.

Over time, the subjects who took kava reported less anxiety and fewer daily
hassles than the group taking the placebo, Katz said.

There was no difference reported between the subjects who took higher doses
of kava compared with the lower-dosed subjects, he said.

"We found the effects were gradual and not immediate. It was like you had
to build up a certain amount," Katz said. "It took at least seven to eight
days before you saw much effect.

"One of the differences between kava and more traditional tranquilizers,
they work quickly. With Valium or Librium or Xanax, you know you've got it
in half an hour, but with kava in the recommended dosage, it's very, very
subtle."

The Mayo Clinic recommends that kava not be taken with sedatives, sleeping
pills, antipsychotic medication, alcohol, Xanax or prior to surgery. Side
effects of kava can include gastrointestinal and liver problems, skin rash
and yellow discoloration of skin, hair and nails.

Kava is a steady seller but not a top item at Artesian Health Foods in
Stockton, and most customers buy it to reduce nervousness or combat
insomnia, manager Mike Newton said.

Taken in smaller doses, kava should not have an intoxicating effect, Newton
said.

"It's not that strong," he said. "My feeling is that the people that are
driving erratically, who were impaired, they had to have taken quite a bit."

The Tongans do consume large amounts of kava tea, but it's generally spread
out over a number of hours in a lengthy social ritual, Ennis said.

"The custom of their homeland is to use kava because it gives them
heightened mental acuity and focus, without negative aspects. Usually they
sit in a circle with their legs crossed, around a ceremonial tooled wooden
bowl.

"They sit in a circle with their legs crossed, which makes your legs ache.
The effects of the kava relieves the ache. It becomes a test of endurance,
who can sit the longest without getting up, who can still sit cross-legged
and conduct cultural and religious discussions."