POT ERADICATION AUDIT RELEASED

Study Finds Effort Has Been Worthwhile, But Problems Exist

A study of the county's involvement in a marijuana eradication program
has found that for the most part the effort meets specified goals and
objectives.

The study completed recently by the county Office of the Legislative
Auditor found that the marijuana eradication campaign has not only
been of benefit to Hawaii County police through increased funding and
additional personnel, but also has apparently reduced the amount of
Hawaii-grown marijuana being exported to the mainland.

However, the study also uncovered problems in the eradication progam
including "clerical errors" that twice resulted in over-reporting of
the number of illicit plants seized and also recommended changes in
the way that tallies of confiscated marijuana plants are done.

Ironically, the study also concludes that because the eradication
program involves state and federal funds and participation, the county
and its government do not have jurisdiction in the matter and are not
the proper venue for discussion of its merits.

Auditor Connie Kiriu told the Tribune-Herald that the study required
800 hours of work by her staff.

"It was one of the most exhaustive special studies we've ever done,"
she said.

However, a prominent marijuana advocate said the study doesn't go
nearly far enough.

Roger Christie called the study a "whitewash" that ignores numerous
impacts of the marijuana eradication efforts.

Christie and fellow activist Jonathan Adler filed a petition with the
county earlier this month calling for the impeachment of Mayor Stephen
Yamashiro and six of the nine members of the council. The petition
accuses the seven officials of failing to conduct a County
Charter-mandated review of marijuana eradication programs.

Christie said Monday that the legislative auditor's study does not
meet the Charter's requirement for a program review, which he said is
why it is titled a "Special Study."

Christie said rather than being grounds to halt the impeachment
petition the study bolsters it.

"This is perfect evidence for our impeachment lawsuit," he
said.

A lawyer hired by his group will soon be asking the state's Supreme
Court for an injunction putting a halt to the eradication program,
Christie said.

Christie, who like other marijuana advocates has been critical of the
review since it was started early this year, has maintained that a
thorough review of the eradication program would include an
investigation of its impacts on hard drug use and the island's economy
and environment.

Christie said he doesn't fault Kiriu or study author Rory Flynn
because they were following the requirements of a County Council
resolution requesting the review.

The resolution passed in December said the study was to examine six
points, including whether the Police Department met the objectives of
the federal eradication grants that, along with county funds, totaled
$339,000 for the period from January 1997 through June 1998. The
study said the program had met the goals in all six cases.

Christie said he believes the resolution was purposely flawed to avoid
discussion of what he sees as negative aspects of the eradication program.

Several council members told the Tribune-Herald that they had not yet
read the report issued to them on Friday.

One who had, Hilo Councilwoman Bobby Jean Leithead-Todd, said it
appears to fulfill the council's requirements.

"It looks like it's basically what we asked for," she
said.

Leithead-Todd said she also agrees with the study's contention that
the state attorney general and its advisory committee would be the
proper forum for further discussion of the program.

"It points to who should really be overseeing the program and making
reports on it," she said.

According to the study, the eradication programs have met the goals
stated in a 1996 federal grant channeled through the state and a 1997
agreement with the U.S. Drug Enforcement Administration. It said the
program also was consistent with budget requirements and met all
obligations required by the Statewide Marijuana Eradication Task
Force. It said that between 1994 and 1998 the program resulted in
reduced marijuana growing activities and increased public safety in
parks and remote areas.

The study also found that twice in 1997 the number of plants seized
was over-reported, by 8,000 plants in one case and by 243 plants in
the other. The study said according to the Police Department both
were the result of a "typographical error."

"We believe that these are administrative errors and in no way reflect
upon the integrity of confiscation and disposal performed by county
law enforcement personnel," the study said.

The study goes on to say that because drug seizures can be valued in
the millions or even billions of dollars there should be "utmost care
in official reporting."

The study recommends that procedures the police follow in counting
confiscated plants should be incorporated into its written "Procedures
for Marijuana Eradication Operations," a three-page document that is
currently silent on counting procedures.

A response to the study from police Chief Wayne Carvalho said the
tallying method would be written into the procedure.

The study also considered procedures for handling public complaints
about the eradication program, which usually involves low flying
helicopters, saying that "to the extent verifications can be made, the
Police Department has followed their written procedures."

However, study author Flynn said the only written procedures about the
complaints he is aware of are contained in the Procedures for
Marijuana Eradication Operations, which says that a telephone number
for complaints shall be provided and all complaints or comments will
be documented on an approved form and kept for at least three years.

Attempts to contact 15 of the people who made 45 such complaints in
the 1997-98 fiscal year were unsuccessful, Flynn said, as none
returned requests for further information sent to them by registered
mail.

Flynn said he found it frustrating not to be able to assess whether
police had followed up on the telephone calls to the satisfaction of
those making the complaints.

However, Flynn said a 1994 report from the state attorney general's
office implied that it had followed up on such complaints and found
that police had acted "diplomatically" in those cases.

Pro-marijuana activists say that more complaints would be lodged if
they were directed to the Police Commission and not the Vice
Department as is currently done, because many residents don't feel
comfortable making complaints to what they see as the offending agency.