Hawaii County Prosecutor’s Selective Mercy Does Not Include Marijuana Growers

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If you drink and drive and kill a young student, 10 years seems like a fairly lenient plea bargain — particularly when comparing it to marijuana crimes, where no victims are named or produced.

Hawaii County prosecutors will argue (as usual) that it’s not true, but apprehending Cannabis growers clearly means more to them than preventing needless deaths. The truth is spelled out in the way they allocate their resources. People are threatened with life in prison for their marijuana gardens if they do not give up their homes and agree to plead guilty. The police and prosecutors pocket 25% each of the money taken through civil forfeiture. Like it or not, money motivates them — and there’s no money in drunk driving cases like this.

Being that marijuana policy has not only failed but led to more marijuana than ever, the policy can’t be about reduced drug use. How could it be when the results are higher rates of drug use? This war on Marijuana has been going on for thirty years.

The policy doesn’t work. So why do they do it? It’s about money, grants and seizures. Although the tax payer still gets stuck with the bill because those funds go directly to police and prosecutor budgets. It’s time for reallocation of resources to programs that achieve their objectives, and to dealing with cases like this one.

Consider that the same prosecutor’s office asked for (and got) a 20 year prison term for 63-year old David Finley for growing marijuana—in addition to seizing his home and other property.  Priorities are everything. Marijuana is more important to Hawaii county prosecutors than people who kill. Konrad Mossman proved that. The case against Kailianu looks very strong, with witnesses and evidence and a young man having been killed. Ten years is certainly better than the sweetheart deal fireman Mossman got, yet when compared to David Finley, how can it be explained with a straight face?

What is the name of any person David Finley hurt? Prosecutors said they were going to throw his wife out of the home they owned for 30 years, and send her to prison for twenty years if Mr. Finley dared to assert his right to a trial.

Are they taking Mr. Kailianu’s home? Are they throwing his wife out on the street?

The message from the prosecutor’s office seems to be that marijuana growers are more dangerous to society than drunk drivers who kill behind the wheel. Look at what they did for Mossman — a few weekends in jail for killing Tim Sing. And don’t say anything about the $125,000 fine. In the  Finley case, where there was no victim and no one died, he was given 20 years in prison, and his home and other property was forfeited to the state.

Wasn’t Ricky Damerville the same prosecutor in the Finley and Mossman cases?

It’s time the police and prosecutor use their resources to put killers in prison instead of destroying families for growing marijuana.

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  • Buddah Belly

    What about Metcalf, 20 years for constitutionally protecting his property from an abusive, repeat offender burglar when the police would not help him?

    What about Roger Christie (I know – it’s Federal…) Jailed for a year and a half now, NO BAIL, when that Murdering APEC Security dude can kick a dude in the stomach then shoot up a McDonalds, an unarmed man, and he gets bail the next day? Roger has no victim, save perhaps the government who makes the years of investigation, 13 different federal and state agencies, countless man hours and C-130 expenses to fly pot growers to their date with the man…

    The Marijuana Policy that this country has forced on the world has made countries like Malaysia – they will indict Bush and Rumsfeld for war crimes… But they murder pot growers – that is a much worse crime, because the pot grower never killed one person. The U.S. makes governments take drug war money, and shitty policy, or else they cut other aid off…

    The killing cartels in Mexico are from Prohibition, just like the alcohol mafia here in the U.S…. This country is stupid, and the people who enforce the laws have no conscious…

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  • Thomas

    Rick you have pretty much refused to addressed my policy questions. The only thing you seem concerned about discussing is yourself. Being that you won’t address my concerns, I decided to address yours. I made a phone call (as per your challenge) to check out your comments about what the circumstances were surronding your termination from the AG’s office.

    You said in one post a deputy AG or deputy prosecutor could be terminated by his boss because of the colors of ties or blog comments, leading a reasonable mind to believe you were terminated, but not for cause.

    Then you turned around and said you were never terminated, you left because your daughter had completed school. I was puzzeled by the seeming conflict in your comments and decided to accept your challenge to check it out.

    After talking to what I consider knowledgeable source, this is what I was told. Investigators Sterling Lau, Lloyd Shimabuku, Kaulana Young (who was the most outspoken), and Al Castro, went to Mark Bennet and ask that you be fired because of the two cited cases, (Diego and the Maui warden).

    They felt the work by investigators was such that it did not warrant such light sentencing. You as much as said the same thing when you said the victims were worried they would not recover monetary compensation if Diego was jailed and you went with them not the investigators. I took that to mean you ask for a light sentence. What I was told is that apparently that did not sit well with the investigators I listed.

    Rick you decided to talk publicly about these cases. I wanted to talk about the policies related to the priority given marijuana cases in Hawaii county but you chose not to do that.

    There are roughly 20 unanswered questions posed to you on this thread. Instead of talking about the issues I raised in the article and my posts for the most part you chose to focus on yourself.

    I wanted to talk about policy and resource allocation but you steered the conversation this way instead.

    I don’t really care if you were fired or not, except in how it reflects on your credibility. I think you are ducking my questions.

    If you ever really want to debate marijuana policy and the results it has produced I would be happy to be part of that.

    You may see my comments here as harsh or unfair but compared to how you have treated marijuana defendants this is a cake walk. You didn’t lose your family, home, or freedom. Many marijuana defendants who never hurt anyone do not think they have been treated fairly either. I agree with many of them, based on the various threats made against them and the unethical methods used to get search warrants and achieve a near perfect conviction record. Using perjured testimony to support warrants and force plea deals is far worse than anything done here to you or marijuana for that matter.

    You can deny perjury and manufactured evidence is being used but you would be wrong at best and lying at worst, perjury is used all the time in marijuana case to get those near perfect numbers. I know that for a fact, and nothing you could say can change what I have seen first hand. But that is another argument for another day.

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    • SIssy

      Rick Dammerville has proven again and again in court, and provide us with a glimpse of that same sloppy posturing online when making “statements of fact” which lack both basis and foundation. The only reason he is still allowed anywhere near a courtroom is because he and his peers have collectively chose corruption over justice. Perjury, hiding esculpatory evidence, unsubstantiated claims, and so on, fill his arsenal which is safeguarded within the halls of Hawaii’s courtrooms.

      He seems to frequent sites where the topic revolves around cases he’s tried. Thomas, you’ve absolutely hit the mark in your observation of his extreme narcissism (i.e. – calling attention only to himself, while ignoring the real issues). Pride before the fall though, and his arrogance will be his downfall.

      He tried another case in Hawaii County where a man (Kevin Walters) tried to kill his ex-wife (Carrie Walters), yet Dammerville chose to prosecute Carrie Walters since Kevin Walters had substantial judicial connections. Dammerville quickly jumped on that bandwagon, which includes Judges Bartholomew and Hara, Neilani Graham, “defense” attorney, Rose de Lima, P.O., several officers and witnesses (buddies of Kevin Walters), etc. A website (http://hawaiicorruption.wordpress.com/) was created highlighting the more than substantial evidence, including videos, recordings, documentation that would easily have incriminated Kevin Walters, while acquitting Carrie Walters of all charges. The sad part is, Dammerville and the other judiciaries mentioned above possessed all of this evidence and then some, and still prosecuted her deliberately and maliciously! If that wasn’t more than any one person should ever have to undergo, Dammerville continues to harrass her on this same website, spinning the truth, making himself the center of attention, while avoiding the real questions/issues. Sound familiar?

      The best way to deal with Dammerville online is to respond with a minimal, quick phrase, such as “Change your ways”, or “Do the right thing”, or something along those lines. By doing so, we can acknowledge that we realize he posted, yet we’re not interested in feeding his ego. Nor are we interested in giving him anymore of our time and attention, which he thrives off of. If we rob him of his much sought after spotlight as a community, then maybe he’ll think twice when confronted with the choice between promoting the law, or with playing sick games that ruin people’s lives.

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  • rick damerville

    Again, I did not prosecute Sakai. I prosecuted Albert Muashige. I asked for 10 years prison. The judge gave him 1 year in jail. regarding Heuer (the son), he was allowed to plead to a lesser and because of his prior in California, I recommended 10 years prison and he received 10 years. I recommended to the paroling authority that he serve approximately 15 months. He actually served less than that I think. His Dad did more time because of too many priors and his federal case. Regarding Maathison: Kurt Spohn was assigned that case and I helped. When he accepted a job with the AG he was permitted to take the case with him for continuity reasons only. Hawaii County paid for the civilian experts with the bill more than $40,000 Dollars as I recall. But enough already. The truth will not change your mind and I have other things to do. Tebow rocks.

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    • Buddah Belly

      Has Diego made the restitution to his victims yet?

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  • Rick-
    You were asked to resign for screwing up both Diego and Maui warden case and you know it. Co-workers in your own office went to Mark and asked that you be terminated and you know it. That’s why you were forced to return to Hilo to work in Kimura’s office.

    On one hand on an earlier post you said a deputy attorney general or deputy prosecutor can be removed for wearing the wrong color tie or writing something not agreeable on a blog. Subtly insinuating you were not retained by his office.

    Aha!

    Now i have asked you 6 times in my posts if you were fired from the AG’s office and you never answered the question. But now you deny it after it’s put right in your face and you have no choice but to answer the question. You tell us to ask Mark who you know damn well would not be allowed to give us a straight answer on your termination.

    And how and why would we would ask Mark because it is against State employee privacy law for him to state reasons for your termination anyway.

    And you know that too.

    It’s like asking us to verify your bullshit story from your mommy who could not give us the straight skinny on any subject anyway.

    What a pack of excuses and lies.

    And this coming from a prosecutor who is supposed to be an officer of the court and obligated to tell the truth.

    Are you going to insinuate I smoke pot now because I am telling the truth and you do not agree. More insults.

    You are a paid public official and your job performance at the AG’s office was less than acceptable and you got fired for it.

    Just admit it Rick and move on.

    Don’t blame sour grapes on the marijuana advocates because you are doing the same thing.

    Never you fault huh, Rick?

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    • rick damerville

      you are a. piece of work. I went to the AG because my daughters wanted to attend Iolani. The plan was to be there 6 years and then return to the prosecutors office. I stayed 8 instead. You are welcome to talk to BRONSTER KELLER ANZAI AND YES BENNETT REGARDING MY PERFORMANCE ON BEHALF OF THE PEOPLE OF HAWAII. LAST POST. GOODNIGHT.

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  • Rick-

    Funny how you only answer the questions you are comfortable with, make excuses and blame others for questions you cannot answer, and than try to state you are a hero and tough guy while hiding behind your title and armed cops .

    Sorry, Rick I don’t smoke pot but typical for you to insult those you disagree with or can’t bullshit.

    Maybe you should get off the tax payers tit for a couple of months and see if you could actually make a living in the private sector.

    Ashida your idea of an excellent public servant won’t be milking us for much longer maybe you two can open a practice together.

    I would be surprised if you two could find any paying clients.

    Again, you have not answered the tough questions and it was a Republican administration that threw you out of the AG’s office which you do not admit being fired from. and it would be pretty embarassing if you contributed to the very Republican administration that fired you.

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  • Rick Dammerville says he is not political but Dammerville can only survive in an olde boy status quo Democratic government run orgnization like Govenor Cayetano’s AG’s office or Jay Kimura’s Hilo Prosecutor’s office.

    Without his old boye connections to his cronies like Jay Kimura and Earl Anzai and he would be just another lawyer.

    Dammerville is owned and paid for by the olde boy faction of this state.

    But according to Dammerville, he is a tough guy falsifying his combat record in Vietnam to the county council and bullying old men and women and sick and disabled people.

    Dammerville has only survived practicing law in Hawaii sucking up to those in political power not based on his competency in practicing law. If it was based on his competency in practicing law no top law firm on the Big Island or Honolulu would recruit or hire him and he would not last a month hanging his own shingle in private practice paying his own bills.

    Which of the common people in Hilo would hire him with his nasty disposition and negative persoanlity. Dammerville can be a jerk to everyone in town but could you imagine anyone having the confidence to pay this guy out of their own pocket to represent them.

    Instead, we as the tax payers are supporting him.

    That is why he was fired from the AG’s office because these very people who worked with him wanted him canned.

    Dammerville never answered whether he would prosecute Jay Kimura’s brother Lloyd for embezzlement but just said we all have a black sheep in our family. What a cop out.

    Like he would even prosecute all the corruption in the county of procurement contracts, police abuse, and theft of our public resources.

    These cases are costing the tax payer more financially and violating the public trust more than these marijuana cases he enjoys so much for the attention this publicity whore receives.

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  • Thomas

    Rick I didn’t bring up the Diego case or the case where Warden Sakai raped the inmate and got a slap on the wrist. It is interesting to note however that nothing that turns out bad for the community is ever your fault in your mind but you are the first to see your self as a hero.

    You hold marijuana defendants responsible for plants even if they are not living at the residence or church where they are found, but do not prosecute the people living there at all, (Nancey Harris case) yet blame everyone else for cases like Mossman, Diego, and Saki just to mention a few.

    So even though you are trying to put lipstick on it what the reality of it comes down to is everybody that uses or grows marijuana has to be held responsible for their actions but not you, Mossman, Diego, or Saki. OK I understand now, not only are you OK with allocation of resources away from violent crimes you have a double standard. Got it, the problem you have here with the marijuana issue is unlike the court room the forum is a level playing field.

    In the fireman rape case it’s true the jury decided the case, it’s also true you put the case together. Do you think he was innocent or was the case poorly handled?

    I believe your resource allocation, and priorities led to “your” failure to put together a winning case. In the end IMO no one one was held responsible for the attack on that poor women, because of resource allocation and priorities. But you (prosecutors office)got the pot reverend, and Finley, and all the medical patients like Donna Gold.

    Priorities and resources my friend was the whole point of the original article.

    I didn’t start out to make this about you because it’s not, its about the policy. You however jumped in because I used your failures as an example. You are advocating and carrying out that policy and either are blind to the consequences, in denial about it, or are intentionally supporting it. Any way you look at it the results are the same, the results are what matter and they speak for them self.

    By blaming the attorney general for the Saki and Diego case, the jury for the fireman rape, and the prosecutors office or police (lack of accident investigator) for the Mossman case. I believe you have indited the system and validated the point I am making.

    Marijuana case get a 99% conviction rate because they are a priority and they get the resources. The reason for that is not to protect the community as these other crime are far more egregious to us, it’s about money. Marijuana cases pad your budget. The rest of the cases we are talking about do not bring in money the way pot arrest and prosecutions do. Rick for the good of the community get off your high horse for a minute, (you are only fooling yourself) and lets fix it. This has been a recurring problem since long before even the Mathison case.

    For clarification it seems you keep confusing me with another poster I did not say you were sarcastic or mention Diego or Saki before now. Rick I suggest you reread my post and address your rebuttal on issues I never raised to the right party.

    Your point about the county refusing to hire an accident reconstruction expert is a perfect example of exactly what I am saying Rick. County allocation of resources and priorities are misplaced and its because of money. Justice is approached here as a business instead of a priority.

    Finally you can really dish it out claiming its your job and all but don’t take it very well it seems judging by your reaction here. How do you expect people to react to that? Are they just suppose to roll over and submit to your threats and lies?

    It doesn’t make you tough when you have an organized force of armed men and women willing to drag people off to jail or even kill people that stand up to you. How tough would you be on your own? (you brought it up) It (might/armed men) also doesn’t make you right, it just means you can push people around by hiding behind them, we see dictators and tyrants do the same thing all the time.

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    • rick damerville

      Saki? I do not know who that person is. The only warden I have prosecuted is. Albert Mrashige. Old Democratic network? They would laugh. I give my money to Republicans. Check it out. It is public record. Yes I worked for Mark Bennett and Rick Keller And Earl Banzai and Ms. Bronster. All were honorable public servants. And Earl Banzai was and remains a personal favorite. But old boy Democrat? You better get the potency of your “medicine” checked out. Do I care that you believe nobody likes me? Frankly Scarlett, I don’t give a damn. Just setting the record straight.

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      • Thomas

        All right Rick what was the sentence for warden Albert Mrashige’s rape of a female inmate? Lets compare that to the sentences in marijuana cases like the Sequoia Heuer case.

        The violent cases we are talking about have real victims with real names. In the marijuana cases I have yet to see you produce anyone that was hurt by any of them. Finley, Harris, Heuer, Tatums, Ruggles, Devoki, Graywolf, Donna Gold, the list is endless. The only victims are the defendants, the policy hurt all those people far more than marijuana ever did.

        The question I have is what have you done besides destroying those families? Have you reduced availability or use of marijuana at all? I would argue the answer is no and you know it.

        I believe what the conversation here and the record show is that what you have done is allow a lot of serious crimes to go unpunished by wasting our resources on marijuana cases. Not something you should be so proud of IMO. Of course you deny that but Tim Sing, the victim of the fireman rape, and prison rape are all real and deserved better.

        You take such pride in your persecution of marijuana crimes like you have accomplished something. What is it? What did you accomplish? Where are the victims in those marijuana cases?

        The rapes, drunk divers killing people, assaults, ect. have victims that are named and real but the results show they get a lower priority than a bunch of plants or growers who are not hurting anyone you can name at all.

        Your whole response to me revolved around the political comments you refereed to instead of the real issues I raised. The political comments are not coming from me Rick. Address them to “knows the truth” were they belong and quite dodging me on the issues. I want some answers to the questions I raised, but so far all we are getting is spin, excuses and rhetoric.

        I want to talk about the failed policy’s and the results they produce. You continue to refuse to address the real issue and point of my article. I promise the issue of marijuana policy in Hawaii county is not going away.

        The real reason resources are not available for violent crimes like the senior citizen assaulted in Hilo last week is because your priority is marijuana cases sadly it’s all about the money.

        Rick you are not under attack for a couple of marijuana cases you won. My article was about the counties policy that ignores or under investigates violent crimes in favor of making non violent marijuana offenders a higher priority.

        That you bring to bear the resources to win marijuana cases but do not do the same in the violent cases we have been talking about shows marijuana is your highest priority, that is a problem and as our economic problems get worse budgets are going to get cut so what are you going to do.

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  • Ricky-

    Why can’t you admit that you got fired by Bennett for not doing your job properly? Just admit it!

    You quick to unprofessionally and unnecessarily make rude remarks to marijuana defendants but can’t admit as one who lived off our tax dollars that you were fired from the State by Bennett and were set to be the first witness against the people in the civil suit?

    You screwed up the Diego case, got fired for it, than turned around and were the first witness against the tax payer.

    yOu messed up that case and were going to testify for the plaintiff’s because you got fired by Bennett, which you’re former office had to defend against and the AG’s you worked alongside with were set to examine you on the stand, just like you refused to prosecute McGrath which would have protected our state and DOE from paying millions to this child abuser who abandoned her child and permanently disabled her.

    If you would have prosecuted her, Ricky Roy, the DOE and state would not have paid McGrath millions.

    You are the worst kind of Hilo bureucrat oppurtunist!

    Why don’t you and the rest of your ilk go after those in the county who are ripping us off and betraying the public trust? Your office refuses to prosecute cops who violate and abuse the rights of citizens , contractor’s who rip off the tax payer, or any county employee or relative of one who betrays our trust.

    It took the AG’s to prosecute Mathison, the former cop wife killer, because you’re office refused too.

    Look at the Elections Worker Shikuma who ran a sign making business in a county facility, had a 2,000 pound sign making machine in the facility, had 20 empty cases of Bud lite beer in a county facility, got a DUI on election night of ’10 on Maka’ala Street down the road from the Elections office he was drinking at (while he admitted to drinking with County Clerk) Goodenow that night)

    No the county has to hire an outside investigator from Honolulu because Lincoln, your great public servant, and your office could not or would not investigate. Conflict of interest you say because you all know the guy.

    Maybe you all should not have hired him if you could not hold him accountable for his actions or if you were not willing to prosecute for theft of tax payer resources.

    Typical of our county attorney’s

    Lincoln has destroyed the little trust the majority of us in the public feel about our current county government corporation counsel and mayor’s office etc while he continues to defend the status quo.

    Illegal budget and all with West Hawaii golfer treated like an endangered species.

    Again, molding and crafting the laws of our county to fit your own political and personal agenda.

    you are such a tough man protecting the status quo county department heads, dep. directors, county employees and don’t forget us from rasta smokers.

    All while Rome is burning.

    If you have so much faith in Ashida maybe you two need to open a law firm together after your retire let’s see how long the firm stays in business.

    For your information, Ricky, public service is serving all of the island not serving just yourself, cronies, and political agenda.

    The voters are not stupid and you all who have betrayed our trust for too long will be held accountable this election year.

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    • rick damerville

      I was not fired for screwing up the Diego case. Don’t believe me? Ask Mark. Attorneys who believe they themselves or others are responsible for a victim’s injury have an ethical obligation to tell the victim to seek independent legal counsel. I did that
      I also had an ethical obligation to advise the parents of a severely injured child to seek independent legal counsel. I did that. Our office does not prosecute people as a ploy to gain some perceived advantage in a civil suit. We would be disbarred for doing so. Mark Bennett settled the little girl’s case (big girl now) and in doing so saved the state many more millions. Well done.
      Basically, I am under attack by the legalization community because two high profile marijuana related defendants went to trial and lost. Bottom line. My history is I am
      probably the most accessible prosecutor in this county. My cellphone is on my business card. But I also come from a long line of mostly unemployed coal miners and do not back down from personal attacks that are wrong.

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  • Dammerville’s a coward who bullies little old ladies, older men, sick people around in a courtroom but refuses to admit, or answer the question, THAT HE GOT FIRED FROM THE AG’S OFFICE BECAUSE HIS OWN PEERS THOUGHT HE WAS INCOMPETENT and did a terrible job on the Diego and Sakai cases.

    Dammerville got fired for legitimate reasons and he knows it but won’t admit it.

    And than to be the first star witness for the victims in a lawsuit against the state in the very criminal case he prosecuted just because he got fired by the Attorney General is sickening.

    He leeches off the tax payer to make a living than agrees to testify against the very tax payers that supported and fed he and his family for years is disgusting.

    Dammerville would never make it on this island in private practice and is political oppurtunist who could not cut it with the republican administration but needed to go back to his dem status quo pals to get a job back with county.

    But to come on this blog and state “tough men do tough cases” is a ludicrous.

    Dammerville outright lyed about his combat history in Vietnam at council hearings and got caught
    by one of my friends who actually served in a combat unit. It was pretty funny cause i was sitting there when he got exposed and he shut his mouth and said nada when confronted..like he shold be doin rightnow.

    Next thing we know Dammerville will be wearing someone else’s combat medals on his chest round hilo and claiming he earned em.

    Really tough guy.

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  • Thomas

    Rick your opinion that what was done to Finley was lenient when put into the context of what was done or not done to Mossman, Crystal McGrath, sex offenders (fireman rape case) and violent criminals or repeat offenders prosecuted in Hawaii county is just not credible.

    I won’t ask you to take my word for it, police and prosecutors across the country do the same thing, this sadly is not unique to Hawaii county or Mr. Damerville.

    Here is a recent article that explains what’s really going on pretty well.

    Driven By Drug War Incentives, Cops Target Pot Smokers, Brush Off Victims Of Violent Crime

    http://www.huffingtonpost.com/2011/11/21/drug-war-incentives-police-violent-crime_n_1105701.html

    What they found, is true in Hawaii county also even if they will not admit it. Its very obvious, this is why we see almost 400 arrest in Hawaii county every year for under an ounce of marijuana and why grows are more important than killers. IT’S ABOUT MONEY!!!
    Here is how it works.

    “Arresting people for assaults, beatings and robberies doesn’t bring money back to police departments, but drug cases do in a couple of ways. First, police departments across the country compete for a pool of federal anti-drug grants. The more arrests and drug seizures a department can claim, the stronger its application for those grants.”

    “When our cops are focused on executing large-scale, constitutionally questionable raids at the slightest hint that a small-time pot dealer is at work, real police work preventing and investigating crimes like robberies and rapes falls by the wayside,” Downing said.

    The threats made against David Finley and his wife by the prosecutors office were certainly designed to coerce/black mail Mr. Finley into accepting the 20 year sentence Damerville ask for. I do not want you to shut up at all, I want you to keep talking and tell us what the threats you used in the Finnley case were.

    My money is on life. I bet you told him if he dared to ask for his right to a trial you would seek life for him and his wife for a marijuana crime. What are the names of the people hurt by Mr. Finley’s marijuana? The young man Mossman killed had a name but you continually defend the sentence in that case.

    You had the truck, the people that were in the truck, the accident scene, and the body. If you couldn’t make the case you should have used more resources. Resources that you instead chose to use on marijuana so you can pad your budget.

    That is my opinion, I think its valid and backed up by your excuses in this and other cases. Like the Fireman rape case, you do not commit the resources to make cases like that because they do not pay like marijuana case. The sad part is its never ending, you have not reduced marijuana use at all, and your own figures show that. Its become a funding source so you don’t care if the policy doesn’t work as long as the money keeps coming.

    How do you get a man (David Finley) to give up a trial by a jury of his peers and accept a 20 year sentence, forfeiture of his family home and other property?

    Tell us what you told him you would ask for as a sentence for him and his wife if he didn’t do everything you wanted. I bet you made him sign an agreement that said he was not coerced didn’t you?

    You took the home he owned for 30 years and ask for and got 20 years and you actually argue that was lenient and he was lucky. You may be able to sell that to some people but I don’t buy it, I think it’s dishonest just like the process used to extort him.

    That is my opinion after listening to your argument, I think you sir are the one full of bullshit.

    JAY FLEMING

    Former Undercover Narcotics Officer

    http://www.leap.cc/author/LEAP_SpeakerAZ/

    “The drug war I fought was not about ending drug use – it was about money and power.”

    Sean Dunagan

    http://www.leap.cc/author/sean-dunagan/

    Former DEA Senior Intelligence Research Specialist
    Washington, DC

    “The only tangible results for those expenditures are higher crime and law enforcement that can’t do its job”.

    LEONARD FRIELING

    Former Judge and Practicing Attorney

    http://www.leap.cc/author/LennyFrieling/

    “If the government stopped creating and supporting the artificially high street price of illegal drugs, the drug-associated crime would disappear.”

    Jim Doherty

    Former Chief Prosecutor

    http://www.leap.cc/author/James/

    Seattle, WA

    “Force is not the only way to change behavior; education and example can be powerful weapons.”

    Norm Stamper Retired Chief of Police

    “The major police corruption scandals of the last several decades have had their roots in drug enforcement.”

    http://www.leap.cc/

    Some of us understand this issue better than you give us credit for. The truth is we could help you reduce drug use if you would let us.

    Its time for a real discussion of the marijuana policy, prosecutions, and sentencing, the cost both economic and social, and the results that the current failed policies have produced.

    Until you face that you have no credibility to the people that can look around and see the violent crimes that go unpunished and that the drug problem is not getting better its getting worse.

    Sadly current policy makes policing and justice a business. Drugs pay, it really has come down to that. If you can not see it your in denial. The system has become addicted to the money, the drug funding, and it’s harder to kick than heroin. I believe it is clear to anyone that bothers to look objectively.

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    • rick damerville

      Thomas or whatever your true name is:
      The plea agreement in Diego was. approved in writing by the supervising deputy attorney general not me. The plea agreement in the warden case was approved by Mark Bennett. There was no plea agreement in the fireman rape case. The jury decided the case. I did not make the plea agreement in the FInley case but agree with it. In this county forfeitures and the underlying criminal case are handled and decided separately.That is not always true with the feds and other states. Their problem. Think about it. Finley got the Max. How was that a deal in exchange for assets? You say I am “sarcastic” in court to marijuana defendants implying I am
      not so to other defendants. Not true. Sarcasm is a tool like many others and has
      its place in courtrooms. Judges, defense attorneys and prosecutors all use it. Obviously, you only dislike my use of it.
      You argue that a dead body, a driver and a crime scene is all you need to prove
      guilt. Really? what if you as the prosecutor are only assigned the case two years
      after the fact because others deem the case undoable? What if police only discover
      the body and the apparent crime scene 10 hours after it happened and the crime scene had been altered. What if your admitted driver is not the driver.What if your county does not have a qualified civilian accident reconstructionist and hires them if at all from the mainland long after the crime. Well, then we should just hire you because we have a dead body, an admitted driver and a crime scene. And I apologize in advance for the sarcasm. I have argued for 20 years that this county needs a full-time civilian accident reconstructionist.MAYBE, this dialogue and a new prosecutor,be it Mitch (my choice but don’t hold that against him) or Lincoln, an excellent public servant, or someone else, will get it done. Mahalo.

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  • Rick-

    You make uncalled for, insensitive and sarcastic remarks at all the marijuana defendants in court and accuse them of being excuse makers and cry babies.

    But than won’t admit it was due to your PISS POOR PERFORMANCE AS A DEPUTY AG as the reason you got kicked to the curb and canned by former State AG Mark Bennett.

    It wasn’t the color of your tie or what you blogged so don’t try to lie and distract from the facts of your incompetence on the tax payers dime.

    Own up to it.

    YOUR OWN ACCOMPLISHED PEERS COULDN’T WORK WITH YOU and asked that you be fired.

    The state ag’s office, unlike the county, actually holds accountable and fires those who are not up to the task.

    Mark Bennett was a former US Attorney and do-nothing Jay Kimura could not even hold his brief case in the courtroom.

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  • Ask Ricky Roy Damerville why he was FORCED to leave the State of Hawaii Attorney General’s office?

    Is it not because he plea bargained a lenient sentence to Robert Diego, of the former Memorial Mortuary, who stole millions from innocent victims through pre paid funeral plans, Dammerville got fired by former Attorney General Mark Bennett, than decided to be the FIRST witness against the tax payer in a lawsuit filed by those robbed just to get back at the State, Bennett and the tax payer for firing him.

    What a coward!

    First he prosecutes for the state and than Dammerville is the first witness in a case he prosecuted against the state and tax payer because he was pissed because he was canned.

    And recently Diego was charged with attempted murder of a coin collector.

    But, than Dammerville recently damns and criticizes Diego but Dammerville should not have let Diego off in the first place.

    What a hypocrite!

    Ask Dammerville about the rape of a defenseless Maui Correctional Faciliity female inmate by Warden Sakai and the lenient sentence Dammerville plea bargained the Warden?

    Wasn’t it a couple of months in county and probation?

    Kind of the way Dammerville took care of Mossman.

    Is this Dammerville’s idea of protecting state employees (like he refuses to prosecute County of Hawaii employees who betray the public trust) in the most heinous of acts?

    Rape and embezzlement of funds and Dammerville looks the other way but on marijuana crimes he wants to put everyone away?

    Let’s see this butt kisser of Kimura’s (Kimura’s brother Lloyd, Maui CPA… stole $20 MILLION from widows and orphans and Ricky would have probably looked the other way…Kimura’s brother right?) make it in private practice? He wouldn’t.

    Ricky just shut your mouth and retire already.

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    • rick damerville

      I guess the person who wants me to shut my mouth before I have said anything a
      already knows that his statements are pure “heifer dust”. we cannot say “bullshit”
      in court where everything I say and do is public record. Finley got an indeterminate sentence of 20 years. he served 36 months. Prietty lenient for a man caught with 75 pounds of marijuana packaged and priced for distribution in pound and half pound bags.
      statewide the maximum amount of money that law enforcoement meaning prosecutors, police officers, sheriffs , docare officers, marine patrol officers,
      probation officers, and criminal investigators with various state and county agencies, can obtain from state forfeitures is a total of 3 million.
      The rest goes to the general fund. Visit your library. A report is done every year. funds have never reached 1.5 million. Oh yes, murder is also a forfeitable offense like marijuana distribution.

      Get copies of the sentencing hearing for Diego. I asked for jail. Victims said if he went to jail for very long they would never get their money back. Get copies of the sentencing hearing for the warden. I asked for prison. Prosecutors don’t always get what they ask for. Deputy prosecutors and deputy attorneys general serve at the pleasure of their boss meaning if the boss does not like the color of your tie or what you say on a blog you can be gone immediately. Tough people do tough cases. Mossman is over. those police reports are now public record. Review them and then talk about what I should have done. Maybe ishould have declined the case. Diego was a half million dollar prepaid funeral plan fraud. what happened to the persons responsible for the 10 million prepaid funeral plan fraud on Oahu? To big to fail?I
      You seem to think that I am too tough on marijuana defendants and too lenient on everyone else. Everything I do in court is a public record. Go down to the courthouse and look at theplea agreements made with marijuana defendants. They are public record.
      Finally, you have used your crystal ball to predict what I would have done had I been assigned to prosecute Jay’s brother. I have known Jay Kimura for A quarter of a century. He was an outstanding public servant. Everyone has a black sheep in their family. I am no exception.Just Google “damerville”. They are all kin. Some outstanding some not. My first cousin Michael Damerville did 77months in federal prison for criminal conspiracy to distrbute 17.2 grams of marijuana. Finley was fortunate he was prosecuted in state court.
      Happy Thanksgiving.

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  • Dan Lenarz

    What we need is a movement—if only we could remember to get it done.

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  • Judith

    We’ll be deep under the control of the Mexican cartels, before America wakens to the danger, and by then it may be too late to legalize a harmless drug, because the cartels will want to control the supply. By then they will be paying and threatening our leaders not the legalize. (kind of like the liquor and phama companies, only worse)

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