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The Honolulu Advertiser

Posted on: Thursday, August 5, 2004

Anti-drug unit making inroads against dealers

 •  Shutting the door on drug deals

By Peter Boylan
Advertiser Staff Writer

KALIHI — Mike Noguchi knows that drugs are sold in the alleys, houses and apartments around his Kalihi home because he's watched it happen.

A few months ago, he saw police arrest two men down the road from his house on Stanley Street.

Drug nuisance abatement unit

The unit:

• Rids Hawai'i's neighborhoods of drug houses by working with other law enforcement officials and the community using the state's nuisance abatement law.

• Is part of the state attorney general's office and utilizes two deputy attorneys general and three investigators, two on O'ahu and one on the Big Island.

• Receives $100,000 in state money annually.

• May tap money from the state criminal forfeiture fund.

To report suspected drug activity in residential areas:

• Call (808) 586-1328 on Oahu;

• Call toll free (800) 9N0-METH (966-6384) on Neighbor Islands

• Report online at www.hawaii.gov/ag/stop_ice_index.htm.

But he says despite periodic appearances by authorities, drug dealing has simply spread to different areas in the neighborhood.

"They live in that big house over there," said Noguchi, a retiree, gesturing from the second-floor landing of the apartment building his family once owned.

What he and other residents see illustrates a challenge facing the year-old Nuisance Abatement Unit, a part of the state attorney general's office that is dedicated to eradicating drug nests by using civil injunctions.

Noguchi is among the Kalihi residents who live near a house at 1949 Stanley St., the unit's first abatement. They say drug activity has fanned out to the alleys and apartments in the area. Cars and people moved constantly through the area Tuesday, and the opening and closing of doors gave it the appearance of a cluster of cuckoo clocks run amok.

Launched by the state attorney general with a $100,000 grant, the Nuisance Abatement Unit has opened 593 investigations and closed 153 drug houses statewide as of July 22, six of them through court-ordered injunctions barring certain residents from ever again setting foot in the homes. Those are not bad numbers considering there are only three investigators and two attorneys assigned to the detail.

Noguchi is also among those whom state investigators are relying on to help shut down drug dens in residential areas. Law enforcement authorities know that without the cooperation of average citizens, they're facing an uphill battle.

While the war on drugs won't be won anytime soon, the attorney general's unit is having success eliminating and disrupting drug houses in neighborhoods across the state.

Because of the transient and shadowy nature of those drug houses, the unit relies entirely on information provided by concerned residents and police. When a drug house is initially busted, most dealers already have an alternate location prepped and ready to go.

The Nuisance Abatement Unit was started July 1, 2003. It's a legal team that targets landlords and homeowners who allow tenants to deal drugs. The unit uses a state neighborhood nuisance law to seek civil injunctions. Mark Miyahira, deputy attorney general in charge of the unit, said there are hundreds of drug houses operating statewide.

The nuisance abatement law initially applied to other vices such as prostitution and gambling but was expanded in 1990 to include drug offenses. It is sometimes seen as more effective than criminal proceedings because there's a lesser burden of proof in civil proceedings. Under the law, neighbors and landlords, not just authorities, can seek a civil court order demanding that the "nuisance" be abated through a variety of means.

Police have said that one recourse under the law is a "geographical restriction" barring a person from being on a property or even an area of the island. In extreme cases, a court can order that a building be shut down for up to a year. A property owner must then be compensated for such a closure.

Miyahira said the unit often follows up on investigations opened by police or other law enforcement agencies. By working and sharing information with the police, a drug house's reputation and operational history can be established and supported by documentation when a case finally makes it to court.

Deputy Attorney General Kurt Spohn said some residents are wary about tattling on drug dealers, especially at the outset of a case when their testimony might be needed to secure the initial court order.

"It is the same as any other case: Some guy punches you in the face and you tell the police, what guarantee of safety do you have?" said Spohn, who worked on the unit's first injunction in Kalihi. "There is safety in numbers. If 40 people come forward, it's a lot harder to retaliate against a large group."

Spohn said that after the initial court appearance, residents and community members who want to complain that drug dealers have returned to the same house can do so anonymously.

"We have abated nuisances in our communities, and there is more to do and we will continue to do it," said First Deputy Attorney General Richard Bissen.

Despite the unit's recent closures, some Hawai'i residents said yesterday that they don't think the unit will be any more successful than police are at eradicating drug trafficking.

"I don't think it will work unless they did it hardcore," said Jesse Savio, daytime host at Indigo, a Chinatown restaurant in an area where drug deals are not uncommon. "If you evict them, they are just going to find someplace else. It isn't enough of a punishment."

Officials in the attorney general's office do not pretend that the unit is a perfect solution to the state's drug problem. Bissen said the unit provides immediate relief for the area around a drug house and temporarily disrupts the drug dealing.

"At the very least we want them out of the neighborhood," Spohn said. "It may not stop the problem entirely, but it gives the neighborhood temporary relief, and it interrupts the drug trade. We are not the entire solution to the problem."

Investigators know that the sheer number of drug houses makes it a difficult problem to police. But Bissen called his unit effective and reminded residents it's still in its infancy.

"Unless the problem next door to them is dealt with, they (the residents) think the whole thing is a failure," Bissen said. "We don't turn away; if there is anyone with a specific complaint, we have a unit working on this. We want to get into the community and see what we can do."

If the injunctions are ignored, the court could find the owners or tenants in contempt of court, opening the way for heavy fines or jail time. The attorney general's office said the court record in those cases would make it easier for the state or federal government to pursue forfeiture, allowing authorities to seize the properties if dealing continues.

Similar units are utilized in other cities across the country, and most cities utilize nuisance abatement laws as part of their approach to crime fighting.

Reach Peter Boylan at 535-8110 or pboylan@honoluluadvertiser.com.

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