CARLISLE PUSHES FOR STRONGER CRYSTAL METH LAWS

The Prosecutor Wants Changes In Wiretap And Sentencing Rules

Continuing his crusade against crystal methamphetamine, city Prosecutor
Peter Carlisle told a task force of legislators yesterday that they need to
change several state laws so prosecutors can crack down harder on "ice"
dealers.

"Ice is a bad problem that's getting worse, and we need help to fight it,"
Carlisle told the House and Senate Joint Committee on the Ice Crisis, which
is working to define a legislative package for next session that will
address the crystal meth problem.

Carlisle, along with other law enforcement experts, say that when it comes
to chasing and sentencing drug offenders, state laws need to be tougher and
perhaps more in line with what can be done under federal laws.

Carlisle would like to see legislative changes to laws that include those
governing wiretapping, drug testing and stronger sentencing for repeat
offenders.

Sen. Colleen Hanabusa (D, Nanakuli-Makaha), a co-chairwoman of the joint
committee, noted that "Hawaii Legislature and Judiciary have interpreted
individual privacy rights under the Hawaii Constitution in a way that gives
the individual greater privacy rights than under the federal system."

Hanabusa, an attorney, said legislators "need to balance issues of
individual privacy and look at the wiretap law without making major
constitutional changes."

"Ice is a critical issue for all of us, but we still don't want to make a
knee-jerk reaction to it (legislatively)," Hanabusa said.

Under federal procedures it is easier to get a wiretap. State prosecutors
seeking a wiretap must present evidence in a closed-door hearing in which an
attorney known as a "devil's advocate" is assigned to represent the privacy
rights of the person targeted for the tap. The targeted person is not told
of the hearing, but law enforcement officers say the suspects often learn
about it because of the long legal process.

Carlisle said getting a state wiretap is a rare event because it is so
difficult to get permission.

"I haven't heard of any other state with a devil's advocate system like
ours," said Carlisle. "We need to go to a federal system. ... It's still a
long process (to get a federal wiretap), and there are safeguards in the
system (aimed at protecting privacy rights)."

In an interview, U.S. Attorney Edward Kubo said, "Hawaii is way behind the
curve in terms of having the proper tools to fight the importation of this
deadly drug."

Kubo, who did not attend the legislative hearing, said Hawaii's wiretap laws
prevent state law enforcement from using evidence gained in federal
wiretaps.

He said that when federal agents get wiretap evidence for crimes that do not
come under federal jurisdiction but can be prosecuted under state laws,
state prosecutors are not allowed to use the federal wiretap evidence in
court.

"We would love to hand over our solid ice cases which do not fall under
federal guidelines to the state for prosecution," said Kubo.

He said that each year, about 70 to 130 ice suspects who could be prosecuted
under state laws are not charged because the federal evidence cannot be
used.

"This amounts to a state immunity law prohibiting the prosecution of drug
dealers," Kubo said.

Carlisle also said he wants stiffer sentencing for repeat offenders.

"Why are repeat offenders and meth addicts out walking among us? The answer
is the laws we have here," Carlisle told the committee.

Carlisle also wants to repeal a law, referred to as Act 161, that makes
probation mandatory in certain cases of first-time drug offenders. He said
the law takes away the discretion of the court in sentencing.

Carlisle also reiterated his support of drug testing in schools, saying it
is key to intervening early with treatment. He said the testing should not
be used as criminal evidence.

Hanabusa noted that drug testing also raises privacy issues.

Carlisle acknowledged that the testing would probably have to be voluntary.
Hanabusa said that if the testing is voluntary, it may not detect student
users.

"Yes, there's a public outcry that ice is a big problem that we need to deal
with," she said. "At the same time, we need to be responsible in enacting,
legislating and balancing all of these interests. This is a very complex
problem."