LAWYERS: POT POSSESSION NOT RELIGION DRIVEN

WAILUKU - A Haiku couple arrested last year with the Religion of
Jesus Church founder were ordered to pay fines of $1,000 each this
week after pleading no contest to marijuana-possession charges.

Attorneys for James A. Greathouse, 56, and Liz D. O'Garvey, 52, said
the two weren't members of the church founded by James Kimmel in 1969
in Sonoma, Calif. The church mandates use of marijuana as its sacrament.

Kimmel, Greathouse and O'Garvey were arrested in a Feb. 22, 2006,
police search of a residence on Ulumalu Place where the three were living.

"Her involvement in that establishment was merely doing work in
exchange for a room," said Deputy Public Defender Jon Apo, who
represented O'Garvey.

He said she and Greathouse had six marijuana plants in their room,
with the number within the limits of her medical marijuana license
that she received because of severe pain suffered in a car accident.

Police reported seizing more than 2 pounds of marijuana and 137
marijuana plants from the residence after Kimmel let officers in and
gave them permission to search the house.

Kimmel, 72, of Kula, is awaiting sentencing after pleading no contest
to felony charges of second-degree commercial promotion of marijuana
for the processed drug and possessing drug paraphernalia.

Greathouse and O'Garvey originally were each charged with
first-degree commercial promotion of marijuana for the plants seized
and possessing drug paraphernalia.

Instead of fighting the charges, Greathouse and O'Garvey decided to
take advantage of a plea offer allowing them to plead no contest to a
reduced charge of second-degree promotion of a detrimental drug for
possession of 1 ounce or more of marijuana, attorneys said. The
prosecution agreed to recommend no probation or jail for the couple,
who agreed to pay the fines.

Second Circuit Judge Joseph Cardoza followed the plea agreement in
imposing identical sentences for Greathouse on Tuesday and O'Garvey
on Thursday.

Greathouse and his wife had been doing computer work for Kimmel in
exchange for the room, said Greathouse's attorney Philip Lowenthal.

"They were not part of his congregation," Lowenthal said. "They moved
out immediately after."