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HomeMy WebLinkAboutCOM 0314.017 1996-1998 _ July 2, 1997 TESTIMONY OF LT. CHADWICK FUKUI, HILO VICE SECTION RE: COMMUNICATION 314 (RESOLUTION 94) (RESOLUTION AUTHORIZING THE COUNTY OF HAWAII TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES OF AMERICA, FOR A STATEWIDE MARIJUANA ERADICATION GRANT) RE: COMMUNICATION 369 (RESOLUTION 116) (RESOLUTION AUTHORIZING THE COUNTY OF HAWAII TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES OF AMERICA FOR MARIJUANA ERADICATION GRANT) Mr. James Arakaki, Chair Hawaii County Council County of Hawaii Good morning Mr. Chairman and councilmembers. Ism Lt. Chad Fukui, of the Hawaii Police Department, and commander of the Hilo Vice Section. I would like to thank you for this opportunity to give testimony regarding our marijuana enforcement efforts, which includes the eradication program. I am here today, to ask for your support on Resolutions 94 and 116, which would authorize acceptance of grant funds which are needed to effectively continue our efforts in enforcing our marijuana laws. I am not here to debate the issues of Legalization of Marijuana, Medicinal Marijuana, Hemp Marijuana, or Marijuana Use as a Religious Right. This is not the purpose of this hearing. The proper forum for these issues is the Legislature. There have been other "UNPOPULAR" laws in this country, that have been amended or legalized through due process, which is afforded to the "majority" of citizens of this country. Until such time, k91e No._~ 1laf. 'CoiPresenfed 1 ¦ti~~ ~cef. trae JUL 6 ~ t99k TESTIMONY OF LT. C. FUKUZ PAGE 2 marijuana remains illegal, and we as law enforcement officers, are sworn to enforce this law. These grants will assist us in achieving this. My section handles the districts of Kau, Puna, S. Hilo, North Hilo and Hamakua. Our operations are usually held during the months of April through September, this is the "harvesting" season for most outdoor growing operations. As in the past, we depend heavily on various grant monies to address the marijuana problem. We would definitely, not be able to accomplish curbing and controlling the marijuana problem if not for the grants. Before getting any further in my testimony, I would like to clarify that these grant funds are not used strictly for eradication missions. These grants are also used to cover expenses incurred in all other aspects of our enforcement efforts in addressing the marijuana problem (to include the increasing problem of indoor growing). This would embody the purchase of equipment, maintenance of equipment, traveling and training expenses, payment for overtime, purchase of evidence (through undercover/informant buys), and purchase of information. Grant funds are also utilized for traveling, overtime, and related expenses (if necessary) for officers involved in `awareness programs. Our department realizes the importance TESTIMONY OF LT. C. FUKUI PAGE 3 in community-based programs. Oftentimes, Vice officers are requested to give drug talks within the schools, as well as to different community organizations, which includes church groups, Jaycees, neighborhood watch programs, Boy Scouts, and other groups, including private establishments. Our presentations includes drug laws, drug awareness and identification, effects of drugs, demonstrations (canine program and rappelling/STABO techniques), and community involvement. We also work with officers who are involved in different community-type programs in which our department is involved in such as Hawaii Island Police Athletic League (HIPAL), Drug Awareness Resistance Education (DARE), Positive Alternative Gang Education (PAGE), and Community Policing. Recently, we have been working with Community Policing personnel in actively addressing drug problems, including marijuana, in specific problem areas of the community. We have had very positive reactions from the public. We feel that these efforts are just as important as our eradication missions in addressing the marijuana problem. Presently, we receive funding assistance from 2 separate grants. They are as follows: TESTIMONY OF LT. C. FUKUI PAGE 4 Statewide Marijuana Eradication Grant (Task Forcel This is a Federal grant awarded by The Bureau of Justice Assistance (BJA) Byrne Memorial Grant which is administered through the State Attorney Generals Office. This year we were awarded $108,294.00 ($144,392 when including the agency match). Numerous agencies throughout the nation submit applications. Programs are selected base on the nature and extent of the problem presented and the agencies previous response and/or performance in dealing with the problem. Other programs within our department, such as Drug Awareness Resistance Education (DARE), Gang Prevention programs, Violence Against Children, Domestic Violence, Community Policing, and Statewide Narcotics Task Force (drug interdiction - hard drugs) are funded through this grant. The Honolulu, Maui and Kauai Police Departments, as well as other law enforcement agencies within the State of Hawaii, also receive assistance through the Statewide Marijuana Eradication Grant (Task Force). Domestic Cannabis Enforcement/SuDDression Program (DCE/SP1 The Drug Enforcement Administration (DEA), through a Nationwide Federal Program, has agreed to pay the Hawaii ~.POlice Department $195,000.00. The DEA also award similar TESTIMONY OF LT. C. FUKUI PAGE 5 funding to numerous other law enforcement agencies throughout the nation, including those in the State of Hawaii. The use of funds are basically left to the discretion of the Police Chief and the department program manager. Our "critics" ask, "Why not use these grant monies to take care of the cocaine, heroin or "ice" problem?" In answer to this, I would like to point out that a primary restriction for expenditure, is that the funds must be used for marijuana enforcement efforts (It's similar to the county receiving a specific grant to repair a particular highway....You cannot use this grant fund to repair one of the county's swimming pool). The department has been awarded a separate grant for these types of investigations and/or enforcement. We also receive financial assistance from different task force groups to address this problem ("Ice", "Black Tar", Cocaine, etc.) So far this year, beginning in March, we have had a total of 14 eradication missions. Let me explain that each day of operation is assigned a separate mission number (eg: We ran an operation from 06-10-97 to 06-13-97. These were numbered 97-011 to 97-014). These missions resulted in the recovery and destruction of 91,747 marijuana plants, ranging from seedlings to 7-8 feet in height (Note: 1 mission was a stakeout mission, of a patch that was discovered during aerial surveillance, which TESTIMONY OF LT. C. FUKUI PAGE 6 resulted in the arrests of 5 different persons for various drug offenses, and initiation of 2 automobile forfeiture cases). it missions were held in East Hawaii, covering the districts of Puna, South Hilo, North Hilo, and Hamakua. 3 missions were held in West Hawaii covering the districts of Kona and Kau. (1995 total 32 missions: 22-East, 10-West; 155,153 plants) (1996 total 29 missions: 18-East, 11-West; 139,336 plants) Historically, the majority of our efforts are concentrated in the District of Puna, however, we have seen a definite increase in growing activities in the Kau, S. Hilo, N. Hilo and the Hamakua districts. The closure of the sugar plantations, and the availability of growing areas (abandoned cane land) have a lot to do with it. People are also trying to get into the "market" as a means of income. We have also noticed a recent trend whereby marijuana growers will trade the majority of their "crop" for another type of drug. (documented trades for cocaine and "ice"). Unfortunately, another increase that we have noted are the number of booby traps we have encountered. So far this year, we have not encountered any booby traps. However, last year we located booby traps within 7 separate patches. 2 were in the Kau, 1 in the South Hilo, 2 in North Hilo, and 2 `in Hamakua. All were designed to seriously injure or TESTIMONY OF LT. C. FUKUI PAGE 7 possibly kill unsuspecting persons who might wander into the marijuana patches. We have also come across posted "warnings" within a marijuana patch with the threat of repercussions to the "rippers", with firearms being mentioned. In a subdivision in Puna, we have come across a posted sign the says "Kill the Rippers". These examples are evident to the mentality of some of the marijuana growers, and the value they place on their patches. It was for these very reasons that this program got started. Back in the middle 1970's (I believe 1976), a multi-agency effort involving our department, Honolulu Police Department, Hawaii Volcano National Park, Hawaii Army National Guard, and the Coast Guard, was initiated to address these problems. The military was activated by the governor because of public outcry regarding increased violence directly resulting from marijuana cultivation. These incidents ranged from murders, threats, assaults, and numerous incidents where innocent people were confronted and threatened by marijuana cultivators, oftentimes, who were armed with weapons. The victims included hikers, hunters, plantation workers, and children. The areas that these confrontations took place included forests, hiking areas, and even undeveloped properties in various districts in this county. Other areas were canefields and areas such as Waipio wand waimanu Valley. I can only speak for our county, TESTIMONY OF LT. C. FUKUI PAGE 8 however, in speaking to other agency personnel, it was apparent that this was going on throughout the state, however, it was more prevalent here. ***NOTE***MENTION THE THREE MOST RECENT SITUATIONS WHERE REPORTS WERE MADE TO POLICE ABOUT FEAR (PAHOA: ELDERLY PEOPLE COULD NOT CHECK HEIR PROPERTY 300 PLUS PLANTS; HILO DISTRICT: THREAT AND SHOT FIRED WITH GUN 500 PLUS PLANTS; PANAEWA: CONFRONTATION OF RESIDENT WITH GROWERS IN CAMO CLOTHES THREAT WITH KNIFE/STICK 200 PLUS PLANTS We even had utility company workers that were threatened by growers, within some remote subdivisions on this island. It got to a point that these workers would not work in certain areas without police escorts. They even had to hire special duty officers to accompany them. I can also remember when county building inspectors would refuse to do an inspection in certain remote subdivision in fear of retaliation from marijuana growers. We do not want to revert back to that situation. Through our effective marijuana enforcement efforts, we have been able to reduce growing activity, and at a point now where we are able to maintain the problem. This could only have been accomplished through the efforts of dedicated officers and financial assistance from these grants. Before ending my testimony, I would like to personally TESTIMONY OF LT. C. FUKUI PAGE 9 thank those who have given us their support, and show of confidence, on our efforts to address this problem. I say this, not only for myself, but, on behalf of the entire department. We appreciate your taking some time off, away from your busy schedules, to be here, today, to give testimony on our behalf. I would also like to thank those who could not make it in person, and instead, submitted letters, or made phone calls to the council. There have been numerous complaints and allegations of police misconduct during our marijuana missions. These concerns have been voiced by a group who claim they represent the majority of the residents of this county. I disagree. I strongly believe that the majority of the our residents are concerned citizens who support our marijuana laws and enforcement efforts. Your showing have helped to reinforce my belief. We commend you for "speaking out" on this issue, which is apparently, something you strongly believe in. It is encouraging to know, that there are concerned citizens who are not afraid to voice their concerns on such a controversial issue. This show of support has personally, helped me to realize that our efforts are appreciated, and have also helped in renewing my commitment to the department's ultimate goal, which is to make Hawaii County a safer and better place to live. . To address the issue of "war" not being won, that we are not stopping the supply: We have definitely had some positive developments in reducing the supply of marijuana. This problem did not happen overnight, so how can we be expected to solve the problem overnight. We are realists, and realize that we cannot completely stop marijuana cultivation, however, we can eliminate a large quantity of the market. Our county, as well as our nation, as a whole, are faced with numerous challenges or problems, which, like our marijuana (drug) problem are not susceptible to easy solutions. Some of these problems are: illegal immigration, declining education system, public health, AIDS.....Do we give up, and post signed at our airports or borders that say "We give up" and invite a tide of immigrants in? Do we say our education system is a failure and close the schools, and let the have a permanent vacation? Should we throw up our hands and say there is no cure for cancer and AIDS, and give up trying to find a cure? No, we don't. We Keep trying, with whatever resources are afforded to us. This is the same stand we take with the marijuana issue. We will continue our efforts. These grants will help us to achieve this.