LAWSUITS FILED IN TWO BIG ISLAND CASES

HILO - A Honolulu attorney said he is filing on behalf of four Big Island
residents lawsuits against police officers who recently seized their medical
marijuana.

John and Rhonda Robison and Kealoha "Kea" Wells are the plaintiffs in one
complaint attorney Jack Schweigert said he mailed Monday to the Kona
Division of the Third Circuit Court.

That complaint alleges police invaded the privacy of the Robisons and Wells,
falsely arrested them July 8 and wrongfully took 20 marijuana plants from
their Kalaoa residence. The three were reported "released pending
investigation" eight hours after their arrest. Police also seized 1.5 ounces
of dried marijuana but returned it July 16, Schweigert said.

John Robison, 36, and Wells, 30, suffer from acute lympho cytic leukemia,
and Rhonda Robison, 31, has Charco - Marie - Tooth (CMT) muscular dystrophy,
she said. All three share a residence and are registered with the state
Department of Public Safety's narcotic enforcement unit to possess and grow
an "adequate supply" of marijuana. In addition, Rhonda Robison said she is a
registered primary caregiver for Wells.

Another plaintiff Schweigert said he plans to represent is 60 - year - old
Puna resident Guy Shepard, a medical marijuana patient suffering from
chronic pain in his shoulder and left hip who had two plants seized by
police last Thursday.

Police reportedly were conducting a Green Harvest mission in Leilani
Estates, the subdivision in which Shepard resides. Shepard said Monday night
a law enforcement officer rappelled from a helicopter and cut three down
plants in his front yard as he presented his medical marijuana certificate.

Shepard said the officer recorded information from his certificate and
placed one of the cut plants in its pot.

He said police weren't "paying attention to the law" and didn't check with
the Department of Public Safety before cutting three of his seven plants. He
said the officer cut the least mature plants.

Shepard said police are maintaining a plant is mature when there is "one
flower on it," but it takes time beyond the blooming process for THC, "the
actual reliever of the pain," to develop within the plant.

"Police should not be harassing these people," Schweigert said. "Think of
how unpleasant their life is already, with the sicknesses they have to deal
with. Then to take away the one treatment they have to cope with their
sickness..."

Kona Police Lt. Robert Hickcox, who leads the Kona Vice section, reserved
comment Monday on the upcoming lawsuits. However, he did speak about the
case involving the Robisons and Wells.

Hickcox said the 1.5 ounces of dried marijuana was returned after police
conferred with the county Prosecuting Attorney's Office and the Department
of Public Safety.

What remains at issue are the 20 plants. Hickcox said 11 of the 20 were
mature, while each patient is permitted to have three mature plants.

Hickcox said police predicted "this would come up eventually" because of the
newness of the law. Police don't expect to submit the results of their
investigation to the county Prosecutor until the end of the month, he said.

"We are concerned about this case because we know it's one of the first in
the state regarding medical marijuana" he said.

He said the Kona VICE section efforts are "devoted mostly to crystal
methamphetamine," however it has the charge of enforcing laws pertaining to
all drugs, including marijuana.

Schweigert, meanwhile, said he would be surprised if criminal charges are
filed against his clients, and contends it would be "malicious prosecution"
if they were.

"Although they talk in terms of this being 'under investigation,' they can't
be real," he said.

Neither County Prosecutor Jay Kimura or Deputy Prosecutor Charlene Iboshi
could be reached for comment Monday.