Year-long delay in Nawiliwili drug case ends

LIHU‘E — A year-long effort to suppress testimony and evidence has come to end in a case involving the discovery of nearly a half pound of cocaine in a bag at Nawiliwili Harbor.

Glenn Sullivan, 39, and Rolando Agustin, 41, both of Lihu‘e, were arrested the morning of April 6, 2010, after police allegedly observed bag being tossed over a fence between Young Brothers and The Gas Company, where the two worked at the harbor. The bag reportedly contained $1,144 in cash and 203.5 grams of cocaine, with a street value of roughly $20,000.

Defense attorneys concluded arguments Thursday in 5th Circuit Court. The outcome of their efforts resulted in testimony and evidence being allowed or delayed for use in a trial.

Judge Kathleen Watanabe denied their request that the court reconsider a December motion regarding evidence.

Michael Green, attorney for Sullivan, along with Michael Soong and June Ikemoto, attorneys for Agustin, also argued Hawai‘i case law to show that their clients may have been detained prematurely and that evidence for a warrant did not amount to sufficient probable cause.

County second deputy prosecutor Samuel Jajich argued against assertions regarding officer testimony, evidence collection and the reliability of a K9 sniff dog.

Watanabe informed the parties that the decision on the motion to suppress evidence would be announced on or before March 16.

The defendants pleaded not guilty on June 29, 2010. They each face Class A felony first-degree promotion of a dangerous drug, seven counts of second-degree promotion of a dangerous drug and seven counts of drug paraphernalia. The charges could bring up to 20 years in prison and a $50,000 fine.

The trial is set for May 7.