MARIJUANA ADVOCATES FILE IMPEACHMENT PETITION; VALIDITY UNCERTAIN

They Seek Ouster Of Mayor, 6 Members Of The County Council

Marijuana activists on Wednesday turned in a petition to impeach Mayor
Stephen Yamashiro and six members of the Hawaii County Council.

Puna residents Roger Christie and Jonathan Adler submitted 12 signatures of
registered Hawaii county voters in support of impeachment to the clerk of
the Third Circuit Court, charging the seven defendants with failing to
conduct a County Charter mandated review of marijuana eradication programs.

The suit names Yamashiro and six council members -- James Arakaki, Al
Smith, Dominic Yagong, Bobby Jean Leithead-Todd, Aaron Chung and Leningrad
Elarionoff -- as defendants.

Each of the council members voted in favor of continuing the marijuana
eradication program. Yamashiro maintains he should not be named in the
impeachment petition because he had nothing to do with the council's decision.

Meanwhile, a legislative auditor's review of the county's compliance with
federally funded grants to eradicate marijuana on the Big Island is nearly
complete, said county auditor Rory Flynn who is preparing the report.

County police, the state attorney general, and federal Drug Enforcement
Agency officials should get copies of the report for review this week
before it is presented to the County Council, Flynn said Wednesday. The
review, request in December, does not analyze the program's compliance with
the County Charter, however, said Flynn.

Christie said the legislative auditor's review has "fraudulent intent --
designed to keep the county taxpayers in the dark."

A proper review would likely uncover civil and criminal violations by
county officials, including the diversion of seized marijuana into the
private community for years, Christie predicted.

"(The review) must look at unintended consequences," he said. "They're
liable for their actions."

Christie and Adler filed the impeachment petition without an attorney,
though Christie said he is confident that an attorney will join the
impeachment effort to help with legal details once the case is filed.

Christie said the marijuana eradication program has resulted in "trouble,
crime, hard drug abuse and broken dreams. He wants the program review and
the removal from office of those defendants who backed the program.

"We want accountability for past actions," Christie said. "They're hiding
something they don't want revealed."

"This lawful action is the result of over 10 years of stonewalling and
inaction by most of our county officials to perform their required duties,"
said Aaron Anderson, one of the petitioners. "This is our last legal
action to end these unlawful practices."

About 75 additional signatures that were collected were not submitted
because the signers could not be verified as registered voters in Hawaii
County, Christie said.

The defendants were to be served with the impeachment papers after they
were filed Wednesday afternoon. The matter will be scheduled for hearing
by the court and the defendants would be required to respond.

Council Chairman Jimmy Arakaki said early Wednesday afternoon that he had
not been served with the impeachment papers yet and could not comment on
the specifics. But, Arakaki said, "It looks like I'll have to hire my own
attorney."

The County Charter prohibits council members from using county attorneys to
defend themselves in an impeachment action.

Arakaki said he would seek to have his legal fees reimbursed if the
petitioners' case for impeachment is not successful.

Councilwoman Bobby Jean Leithead-Todd said she was served a copy of the
impeachment late Wednesday afternoon and noted that the petitioners'
addresses were not listed and their signatures were not notarized. "There's
no verification without notarization," said Leithead-Todd, who also said
she is not sure whether Christie represents the entire group of petitioners
or whether the defendants would have to send a copy of their answers to
each of the 124 petitioners. Do all 124 people need to show up in court?"
she asked. "I don't know. I have no addresses, only a P. O. box for Christie."

Leithead-Todd, an attorney, said she's inclined to hire another attorney to
defend her and will inquire about the use of campaign funds for that purpose.

She also will seek reimbursement of attorney fees if any part of the
impeachment is frivolous. "The allegation against the mayor is clearly
frivolous," Leithead-Todd said.

"And, they spelled my name wrong," she said.

Christie, 50, owns a store in Pahoa that features products made of hemp or
marijuana, fiber. Adler, 47, claims he grows and distributes marijuana to
people who use it for medical and religious reasons.

The Hawaii County Charter allows 100 qualified petitioners to call for a
hearing on impeachment against elected officials in state Circuit Court.

"There's no citizen initiative so we're forced to take this action,"
Christie said, "I think we will prevail."

The last impeachment proceeding in Hawaii County occurred in 1985 against
then-County Council Chairman Steve Yamashiro for an alleged conflict of
interest in a federal civil rights lawsuit. The impeachment proceeding was
dismissed in court. Yamashiro was also denied a claim that the plaintiffs
pay his legal fees.