CHARGES 'FABRICATED' - MARIJUANA GROWER

Director Says That Advocacy Group 'Forthright' With
Police

WAILUKU - Brian Murphy, the director of a medical marijuana advocacy
group based in Paia, said he was surprised by the "fabricated"
criminal charges lodged against him and his friends.

"We've been as forthright as possible with police. . . . We never were
hiding anything," Murphy said following a bail hearing held Tuesday in
2nd Circuit Judge Joseph Cardoza's courtroom.

In indictments returned by a Maui grand jury, Murphy, 53, of Paia, is
alleged to be the head of a marijuana drug trafficking organization
that exploited state medical marijuana laws to sell the drug to
hundreds of people.

Murphy, who posted $100,000 bail following his Nov. 11 arrest, denies
all charges. He's expected to file a not-guilty plea Thursday. He told
Cardoza that he wasn't certain whether he'd make Thursday's
arraignment because he's suffering from a hernia and may need surgery
by then.

Murphy said his medical problems coincidentally surfaced Nov. 11 when
police arrested and charged him with criminal conspiracy as well as
first- and second-degree promotion of a detrimental drug; first and
second-degree commercial promotion of marijuana; first and
second-degree promotion of harmful drugs and six counts of possessing
drug paraphernalia.

With supporters including state Rep. Joe Bertram III of South Maui
standing by his side outside the courtroom, Murphy said his arrest
last week came as a "surprise, total surprise."

Maui police announced the arrests as part of "Operation Weedkiller"
and reported confiscating a variety of substances including
approximately 335 marijuana plants and clones, a vehicle, $14,085
cash, and drug paraphernalia associated with marijuana growing and
distribution.

Deputy Prosecutor Timothy Tate declined to provide details about the
charges against Murphy and the six other men charged in the case.

"All I can say is they weren't complying with the law," Tate said
Tuesday.

Earlier this month, Murphy filed a lawsuit complaining the Maui Police
Department interfered with the operation of Patients Without Time,
which has been described as a medical marijuana advocacy and advisory
organization to inform people about state and federal laws on medical
marijuana. Murphy is the founder and director of the group.

Police said Patients Without Time and medical marijuana laws were used
to disguise the drug trafficking organization.

Murphy claims that medical marijuana was seized by police in two
separate incidents in the fall of 2007 when search warrants were
executed at his Haiku residence. Murphy also said he is a registered
medical marijuana patient and his residence was registered as a
"medical marijuana grow site for himself and three other statutorily
authorized medical marijuana patients."

He said Tuesday that he has been actively involved in lobbying for
legislation to support medical marijuana growing sites, and he and
others have followed the law in trying to help patients get the drug
to address their medical needs. He said he considered the police
seizure of marijuana from his home as criminal.

"Patients are being robbed by the Maui County police," he
said.

Thanks to his organization, Murphy said 5,000 people have registered
to vote. He said he was concerned that more than 200 pounds of
marijuana valued at more than $1 million have been seized and would
otherwise be used for legitimate patients.

"None of us are here to hurt anyone," he said. "We thought we were
going through legal channels. . . . No one made any money here."

Murphy said he and others did receive stipends for gas and food, but
none of them was making large profits to grow or deliver the marijuana
to their patients.

Deputy Public Defender Jon Apo asked for and received permission to be
excused from representing Murphy as well as co-defendants Brian
Igershiem, 31, of Makawao; Stuart Hirotsu, 48, of Wailuku; and William
"Bill" Cox, 48, of Haiku. Apo said his office can only represent John
Cooper, 40, of Kihei, a previous client who is another defendant in
the case.

The four - Murphy, Igershiem, Hirotsu and Cox - were told in separate
hearings Tuesday to return to court Thursday for appearance of counsel
and arraignment.

Bail for Murphy and Igershiem remained at $100,000. Igershiem, a
self-employed landscaper, appeared at Tuesday's hearing with his own
lawyer, Phil Lowenthal. Igershiem has been charged with criminal
conspiracy, three counts of first-degree promotion of a detrimental
drug, second-degree promotion of a detrimental drug, two counts of
first-degree promotion of harmful drugs, second-degree promotion of a
harmful drug and seven counts of possessing drug paraphernalia.

During his hearing Tuesday, Hirotsu, the only defendant in custody,
told Cardoza he was anxious to get out of jail and resolve his case.

"I have a business, and that business will die if I cannot make bail,"
Hirotsu said.

"My participation was limited to phone calls, sir," Hirotsu told
Cardoza. The judge warned Hirotsu that anything he said at the hearing
could be used against him. Cardoza granted a bail study recommendation
to reduce Hirotsu's bail from $50,000 to $25,000.

Bertram, who was re-elected to the House District 11 seat Nov. 4, has
a prescription for medical marijuana and introduced bills to support
Murphy's efforts for a medical marijuana production facility overseen
by the state.

He said he co-signed documents releasing Hirotsu on bail. Hirotsu is
charged with criminal conspiracy, two counts of first-degree promotion
of a harmful drug and three counts of possessing drug
paraphernalia.

Cox, meanwhile, has already posted $25,000 in bail and like Murphy and
the two others, appeared for the withdrawal of counsel at Tuesday's
hearing. Cox's charges include criminal conspiracy, two counts each of
first-degree promotion of a detrimental drug and possessing drug
paraphernalia.

Attorneys for Murphy, Hirotsu and Cox are expected to be with their
clients Thursday for arraignment.

Three other defendants - Cooper, a self-employed maintenance worker;
retiree Robert "Bobby" Armitage, 58, of Wailuku; and Douglas Kaleikini
Sr., 54, of Wailuku, who does body and fender repair for Hawaiian
Commercial & Sugar Co. - entered not-guilty pleas last Wednesday in
2nd Circuit Court. All three are free on bail with Armitage and
Kaleikini each posting $25,000; and Cooper putting up $10,000 in bail.

Armitage, Kaleikini and Cooper, are each charged with a single count
of criminal conspiracy.

On Tuesday, Murphy asked Judge Cardoza to redact or black out
individual names in documents outlining charges against him. Murphy
said he was concerned that his conversations with "legitimate medical
marijuana patients" were in a public document that included their
names and phone numbers.

"It's not fair," Murphy said.

Cardoza advised Murphy to talk with his newly assigned attorney about
the matter and said they could bring it up at Thursday's hearing.