JUDGE: 'IT'S NOT OK TO SMOKE DOPE'

WAILUKU - Saying "it's not OK to smoke dope," 2nd Circuit Judge
Shackley Raffetto ordered a 36-year-old Haiku man to attend substance
abuse treatment and meetings as part of his five years' probation for
marijuana charges stemming from a police search of a Haiku home last year.

During the sentencing hearing Thursday, Raffetto suspended 400 hours
of community service for Graem

Kronewitter, who is also known as Graeme Kronewitter. Raffetto said
Kronewitter will perform the community service when the state
Judiciary is able to oversee community service requirements for new
defendants being sentenced.

Last month, the state Department of Public Safety informed 2nd
Circuit Court judges that the Maui Intake Service Center would stop
accepting new community service clients as of Aug. 16.

As part of his probation, Kronewitter also must enroll in a Community
Clinic of Maui substance abuse program by today, as well as attend
three Alcoholics Anonymous or Narcotics Anonymous meetings a week.

Kronewitter was sentenced under a law that allows first-time drug
offenders to serve probation and receive treatment instead of prison time.

During sentencing, Kronewitter said, "I quit smoking (marijuana) and
I like it. I don't plan on smoking again."

Kronewitter had pleaded no contest to a reduced charge of
first-degree promotion of a detrimental drug and possessing drug
paraphernalia after drugs were recovered May 12, 2009, when police
obtained a warrant to search the home of Kaleo K. Roberson on Haumana
Road in Haiku.

In a unit of the residence occupied by Kronewitter, police reported
finding 4 pounds of marijuana under a couch, as well as a digital
scale, empty plastic bags and a burnt marijuana cigarette, according
to court records.

Deputy Prosecutor J.D. Kim said Kronewitter had no medical marijuana
card and told police he was drying the marijuana for a friend, whom
he identified as Roberson.

In a separate case based on the same search warrant, Roberson, 35,
was sentenced to five years' probation, 500 hours of community
service and ordered to pay a fine of $2,000. Roberson had pleaded no
contest to two counts of first-degree promotion of a detrimental drug
and possessing drug paraphernalia.

"What you guys were doing was totally unacceptable," Raffetto told Kronewitter.

He added that Kronewitter had said he didn't know what was going on,
which Raffetto said he judged was "unbelievable."

But Raffetto said if Kronewitter truly ended up in the situation by
mistake, it was a "gross lack of judgment" that put him there.

"It's not OK to smoke dope," Raffetto said.

In a separate case, a 24-year-old Wailuku woman was sentenced
Thursday to five years' probation and ordered to pay nearly $1,450 in
restitution for stealing from her former employer, Wal-Mart, in three
incidents last year.

Second Circuit Judge Joseph Cardoza gave Clariza Castillo a chance to
clear her record if she successfully completes probation.

Cardoza sentenced Castillo according to a plea agreement but was not
able to impose the community service portion of the agreement, saying
the Maui Intake Service Center is not able to monitor community
service for new defendants. Instead, Cardoza ordered Castillo to pay
off her restitution more quickly than he would have ordered if she
were also performing community serve.

According to court records, Castillo was involved in three theft
incidents on May 23, 28 and 30, 2009.

In one incident, she took cash from a register; in another she
credited $800 to her credit card and in the third she took a gift
card and activated it with $300 credit, records show.

Castillo had pleaded no contest to two counts of second-degree theft
and one count of third-degree theft.