JUDGE RULES NO PROBABLE CAUSE IN DRUG ARREST, CASE TO BE DISMISSED

LIHU'E - Reynaldo Jacinto Abrigo may have been meeting Zahn Bandmann
off Nawiliwili Road in late 2008 to buy drugs.

But when Kaua'i Police Department officers arrested Abrigo for
third-degree promotion of a dangerous drug and unlawful use of or
possession with intent to use drug paraphernalia, they overstepped
their authority, 5th Circuit Judge Randal Valenciano ruled recently.

Valenciano granted Abrigo's attorney Edmund Acoba's motion to suppress
items of evidence the judge ruled were obtained without establishment
of probable cause for a search of Abrigo, 39, of Puhi, and his vehicle.

The target of KPD vice officers was Bandmann, not Abrigo, said
Valenciano, adding there was no evidence presented to show Abrigo and
Bandmann had any contact with each other.

There was also no evidence that Abrigo was a threat to KPD officers,
or that Abrigo had any weapons or drugs in his vehicle, Valenciano
said.

Sam Jajich, county deputy prosecuting attorney, said the case is one
of good police work, and that the totality of the evidence in the case
pointed to probable cause for Abrigo's arrest.

Jajich said police thought Bandmann might be armed, and he resisted
arrest, was Tasered, and found with a large amount of money and
packets of crystal methampehtamine.

Acoba, state deputy public defender, said no KPD officer saw any
contact between Bandmann and Abrigo, and Valenciano agreed.

Bandmann was arrested Dec. 4, 2008, and originally charged with
first-degree methamphetamine trafficking and other charges, but the
case hasn't moved in the court system, state court records show.

Abrigo was arrested the same day on the drug and paraphernalia
charges.

Jajich said prosecutors have no intent to appeal Valenciano's ruling
granting Acoba's motion to suppress evidence against Abrigo, and
Jajich will be filing a motion to dismiss with prejudice the case
against Abrigo, Acoba said. That means the charges cannot be brought
again.