JUDGE DISMISSES LAWSUIT FILED BY PRO-POT ADVOCATES

The Two Claimed They Were Unfairly Prosecuted For Views

The question of who can and cannot set policy for the Hawaii County
Prosecuting Attorney's Office has led a federal judge to toss out the
remaining claims in a $3 million dollar federal lawsuit filed by two Big
Island marijuana advocates.

U.S. District Judge David Ezra ruled that the county, the only remaining
defendant in the lawsuit, is not liable because Roger Christie and Aaron
Anderson did not sufficiently show that the office had a policy singling
them out for prosecution because of their outspoken pro-marijuana views.

"There is no evidence that a policy of selective prosecution of (Christie
and Anderson) existed at the time of the indictment or throughout the
proceedings," Ezra wrote in a 26-page decision.

The judge said he was "concerned" over what he called "acts of impropriety"
by the deputy prosecutor handling the case but found that her actions did
not constitute policy.

"While the court agrees that (Deputy Prosecutor Kay) Iopa's conduct is not
without controversy, and that she may well have individually acted in bad
faith with regard to her position and plaintiff's criminal case. Her
aberrant behavior cannot be considered 'policy,'" Ezra wrote.

The 1995 lawsuit stems from the state prosecution of Christie and Anderson
for felony commercial promotion of marijuana for a shipment of hemp seeds
they ordered from a mainland seed company in 1991.

The charge has since been dismissed against both men.

The pair alleged in their lawsuit that prosecutors violated their
constitutional rights because the pair were targeted for prosecution as a
result of their vocal views on marijuana.

Ezra had already dismissed Iopa and Prosecutor Jay Kimura, who were named
individually as defendants, because they are immune from litigation in
their roles as prosecutors.

The county was the only defendant going into the March 30th hearing on the
county's request to dispose of the case without going to trial.

County Deputy Corporation Counsel Steve Christiansen said the judge's
ruling in essense puts to rest any remaining claims in the lawsuit.

Christiansen said that the judge said because Iopa is not in a position to
set policy, her actions are not binding to the county.

"It's not attributable to the county," Christiansen said.

Steve Strauss, who represents Anderson and Christie, did not return a call
for comment but reportedly said that he plans to appeal the decision.

Anderson said he doesn't believe the case is dead. "It's just a step along
the way," he said.

Ezra wrote that the County Charter designates the prosecutor and the first
deputy prosecutor as the only individuals with policymaking powers for the
office.

Ezra said there is also nothing to suggest that Kimura delegated any
policymaking authority to Iopa.

Ezra also pointed out that it wasn't Iopa, but another deputy prosecutor,
who initially charged Christie and Anderson.

"It does not appear that Iopa had final decision-making authority regarding
whether to prosecute plaintiffs," Ezra said.

"Additionally, it's clear that the authority that she was vested with did
not provide her the opportunity to make policy decisions for the County of
Hawaii," Ezra wrote.