COUNTY TO RETURN POT GRANT MONEY

HILO - Big Island police said Wednesday they will return a $265,000
marijuana eradication grant to the federal government because the county
was unable to obtain an insurance policy to pay the legal costs for County
Council members facing impeachment for accepting those funds.

The council approved accepting the funds, but included a provision that a
public official's liability insurance policy must be obtained before the
money was spent.

Roger Christie, a Pahoa marijuana activist, tried to impeach Mayor Stephen
Yamashiro and six council members in October, alleging the officials did
not do a mandatory review of the marijuana eradication program, which he
says is required under the County Charter.

That impeachment petition was dismissed from Circuit Court because it was
not properly filed. Christie said he plans to bring a new impeachment
petition against the officials later this year.

While Big Island police said the eradication program, also known as "Green
Harvest," is not dead, it will be negatively impacted by the loss of
federal funds.

"I sit here weeping with disparity and chagrin that we have to return the
money," said Assistant Chief Wendell Paiva. "This is a dramatic cutback for
us."

Paiva, a 29-year veteran with the Big Island Police Department, said he
couldn't recall any time the department had to return eradication funds. He
said the department cannot make up for the lost money within its own budget.

Deputy Chief James Correa said it may force the department to juggle its
resources to enforce marijuana laws.

"It's just unfortunate we will not have the federal money," Correa said.
"Other services may be affected because we have to reprioritize."

Police are also concerned about the consequences from a reduction in their
the eradication efforts. Paiva said much of the federal money was used to
hire helicopters to deploy officers directly into marijuana patches.
Without the funds, he said officers will now have to enter the patches by
foot, which will be more time-consuming and less effective.

Lt. Henry Tavares, head of the department's vice section, said the effect
may be that more marijuana will available on the street.

Police said they are also concerned about the increase in marijuana-related
crime, such as an increase in large-scale cultivation, along with booby
traps and armed growers guarding their crops. Tavares was also concerned
the increasing marijuana investigation may take away from efforts to fight
hard drugs, such as crystal methamphetamine or "ice."

"I think the market will be flooded (with marijuana)," Tavares said.

"We're going to have to try and do what we can do with what we have."

"I'm sure we're going to see an escalation in (marijuana) related criminal
violations," Paiva said.

Police and county officials had told the council they thought they could
secure an insurance policy. Council Chairman James Arakaki of Hilo said he
wanted the provision because he felt council members shouldn't have to pay
personally to defend themselves if an impeachment is brought against them
for accepting the funds. The charter says county attorneys cannot represent
elected officials facing impeachment.

Arakaki has said he's asked state and federal officials if they could
indemnify the council. He said they couldn't offer indemenification, but
suggested getting the insurance policy.

Bill Gray, the county's purchasing agent, said after speaking with agents
and directly with some companies, only one told him they could not do it.

Gray said two factors might have worked against the county: One was since
the council had already approved the funds, some companies might have
viewed the insurance coming after the fact. For example, if the policy
would become effective upon acceptance of the funds, it would be like
trying to get auto insurance after a car accident, he said.

The second factor could have been the $4.2 judgment against the county and
two police officials over alleged promotion-fixing, Gray said. He said
companies may have been weary because there was a large claim pending
against the county, not the circumstances of the case. The judgment is
being appealed.

However, Christie, a long-time opponent of the eradication program,
applauded the move. He also said he would continue to fight to stop the
eradication program.

"I hope this is a template for other jurisdictions to follow so everybody
can have the peace and prosperity and the blessings of this plant,"
Christie said.

Christie said he understands the concerns over about possible increase in
crime. However, he said if marijuana were "decriminalized," it would remove
the illicit activity associated with marijuana, because it would no longer
be a lucrative business for drug dealers.

"I think the irresponsible use would go down - I genuinely do," he said.

Christie said even though the county has returned the grant, he still plans
to bring an impeachment petition against the mayor and six of the council
members. He said he recently received a grant from a national drug-policy
organization to help pay his legal costs.

He declined to name the organization or specify the amount, only saying
it's double what the group normally gives.

Ironically, the county received written confirmation Wednesday from the
U.S. Justice Department that it is not barred from receiving federal funds.

Ka"u Council woman Julie Jacobson had raised questions whether the county
was still eligible because of the promotion-fixing civil judgment and
whether Carvalho properly signed the application form.

County officials have said they had verbal approval from the U.S. Justice
Department, however, Jacobson insisted on a formal written approval.
Assistant Corporation Counsel Ted Hong received a letter for the
comptroller's office in the Justice Department, which said the county is
still eligible to receive federal funding.