Modaferri Faces Federal Drug Charges

The exdeputy prosecutor was filmed smoking 'ice', FBI says
by Rod Ohira

FBI evidence into alleged drug use by Gary Modafferi includes videotape that
shows the former city deputy prosecutor smoking crystal methamphetamine.
According to an affidavit filed today in federal court by FBI agent Douglas
S. Hart, the 38year old Honolulu attorney was filmed smoking "ice" this
year at two separate Waikiki hotels Oct. 3 at the Outrigger Malia Hotel
and Oct. 17 at the Royal Garden Hotel.

The investigation began Sept. 9 when an unidentified "cooperating witness"
turned over a prescription pill known as zolpidem tartrate to the FBI. The
person claims to have received the pill in midAugust from Modafferi,
according to Hart's affidavit. Modaferri is charged with knowingly and
intentionally distributing .69 gram of crystal methamphetamine, or "ice," in
Hawaii, possession of crystal meth and distributing zolpidem tartrate.

FBI spokesman John Gillies declined comment on whether Modafferi's arrest is
related to any other federal drug cases.

"My first reaction is I want to vomit," said attorney Michael Jay Green, who
is representing Modafferi. "This is a guy who is respected by everyone.
"Stress happens in life and for attorneys, it can be very damaging and takes
its toll," Green added. "Lawyers have been known to turn to drugs and
alcohol, which is why counseling services are available to them."

Modafferi, who was arrested last night at 7:47 p.m. at his South Street
apartment, was scheduled to have an initial appearance today before
Magistrate Francis Yamashita. Green has concerns about the role of the
"cooperating witness."

"In these type cases, I'm always interested in the role of the person but I
need to review the evidence," Green said.

According to the affidavit, the witness accompanied Modafferi to the
Outrigger Malia Hotel on Sept. 9 and observed the attorney using crystal
meth. The witness agreed to videotape the meeting but the camera was not
positioned correctly to capture the proper images. On Sept. 22, Modafferi
went to the witness residence and was again filmed allegedly using crystal
meth. Due to a video malfunction, however, the proper images agaian were not
captured on film.

The Oct. 3 videotape shows Modafferi smoking crystal meth numerous times,
the affidavait says. "Modafferi gave (the cooperating witness) a small
plastic bag containing crystal methamphetamine which (the witness) gave to
me," Hart said in the affidavit. "The plastic bag and its contents weighed
.69 grams, and a field test of the drug was positive for the presence of
amphetamines/methamphetamine."

At the Royal Garden Hotel meeting on Oct. 17, Modafferi is again shown on
film smoking crystal meth numerous times.

"Modafferi gave his glass pipe to (the witness) prior to exiting the hotel,"
Hart's affidavit says. "Agents in a nearby room viewed Modafferi smoking via
a camera which was hidden in (the witness') room. "Scrappings from the pipe
tested positive for the presence of amphetamines/crystal methamphetamine,"
the affidavit added.