HomeMy WebLinkAboutCOM 0314.017 1996-1998
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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,
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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.