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News (Media Awareness Project) - US HI: Christie Is Again Denied Freedom
Title:US HI: Christie Is Again Denied Freedom
Published On:2010-12-12
Source:Hawaii Tribune Herald (Hilo, HI)
Fetched On:2011-03-09 18:28:37
CHRISTIE IS AGAIN DENIED FREEDOM

The founder of The Hawaii Cannabis Ministry in Hilo has been denied
bail, again, by a three-judge panel of the 9th U.S. Circuit Court of
Appeals in San Francisco.

It is the fifth time that bail has been denied to 61-year-old Roger
Christie, accused of operating a marijuana distribution ring. He's
scheduled to face trial in U.S. District Court in Honolulu starting
April 26 with 13 co-defendants, who collectively call themselves the
"Green 14."

Christie and the others, all Big Island residents, were arrested July
8 in raids by federal agents, assisted by local police. All but
Christie have been released on bail. Christie was denied bail by
Federal Magistrate Judge Kevin Chang, who called him "a danger to the
community," and remains incarcerated at the Federal Detention Center
in Honolulu.

Christie's downtown ministry and Wainaku apartment were also raided
March 10 by the feds, assisted by local police.

A three-count sealed indictment in June charged Christie with
conspiracy to manufacture, distribute and possess with intent to
distribute more than 100 marijuana plants, manufacturing marijuana
and possession with the intent to distribute 240 marijuana plants.

According to court documents, authorities also confiscated
approximately 845 grams of processed marijuana in the Wainaku
apartment and more than $34,000 cash from the apartment and a bank
safe deposit box. The money and the apartment face possible federal forfeiture.

The opinion written Tuesday by the appellate court states: "The
district court correctly found that the government has met its burden
of showing, by clear and convincing evidence, that 'no condition or
combination of conditions will reasonably assure ... the safety of
.. the community, ... and that appellant therefore poses a danger to
the community.' ... We therefore affirm the district court's denial
of appellant's motion to reopen and to release defendant on bond."

An evidentiary memo filed in October by Assistant U.S. Attorney
Michael Kuwahara stated: "Of particular importance to Magistrate
Chang's decision was Christie's conscious decision to recommence the
ministry's marijuana trafficking activities after March 10, 2010. ...
Christie has also contended that there is no danger to community
because this was only a marijuana case and does not involve other
arguably more serious drugs. That hardly is a ground that can be
seriously considered. Christie herein is charged with marijuana
manufacture and distribution offenses, which notwithstanding arguably
contrary state law, still constitute felony violations of Federal law
to which mandatory minimum imprisonment sentences apply.

"... In his supporting memorandum ..., Christie contended that a
61-year-old man as himself must still be served with Court orders
imposing strict conditions upon him in advance (with pretrial
supervision and the threat of revocation) to properly place him on
notice of what is expected. To the contrary, we submit that someone
requiring this extraordinary degree of 'spoon feeding' in order to do
the right thing needs to be detained and not released."

Christie and his followers insist that their First Amendment rights
to freedom of religion have been violated by the arrests and charges
and that he is being held political prisoner.

A written statement by Christie to the Tribune-Herald read, in part:
"Consider it pure joy whenever you face a trial testing your faith,
because the testing of faith delivers perseverance."

In a companion statement, Christie's girlfriend, Share e. St. Cyr,
who is also a co-defendant, called Kuwahara's argument "blatantly false."

"There is zero clear and convincing evidence," she wrote. "... In my
opinion, the government has (borne) false witness and lied to the
court and to the people of the U.S.A. by their words and intentions .."

St. Cyr said there were "many great letters of support" in her
efforts to get the court to set bail for Christie and called the
closing of the THC Ministry "a dear family putting their house up ...
for collateral."
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