Nalu Underground brothers trial set for next week in L.A. by Amanda C. Gregg – THE GARDEN ISLAND Hanapepe resident Mike Smith, who faces cocaine-dealing charges, is expected to enter a change of plea on drug-related charges at 1:30 p.m.
Nalu Underground brothers trial set for next week in L.A.
by Amanda C. Gregg – THE GARDEN ISLAND
Hanapepe resident Mike Smith, who faces cocaine-dealing charges, is expected to enter a change of plea on drug-related charges at 1:30 p.m. today in Los Angeles federal court.
Mike and his brother, Curt, both were charged with possession with intent to distribute cocaine and conspiracy to possess with the intent to distribute cocaine after being arrested June 28 at Los Angeles International Airport.
Curt Smith pleaded guilty to the latter of those charges on Sept. 5.
Each of the four charges against both brothers carries a mandatory minimum sentence of five years, with a statutory maximum of 40 years.
The two brothers, well-known local surfing moguls with their own trade magazine, Nalu Underground, were indicted July 13.
U.S. Attorneys claim the brothers consented June 28 to a search, which led to officers finding five “suspicious, cylindrical objects wrapped in white medical tape concealed within clothing in the suitcase.”
According to the indictment, law enforcement officers seized 5,303 grams of cocaine and $40,000 in cash from the brothers during the arrest.
The search was the second to involve the Drug Enforcement Agency and Curtis Smith. On Nov. 16, Drug Enforcement Agency officers seized $89,660 from him Nov. 16 at the same airport.
The arrests were made after federal officers and state deputies moved on a tip that Mike Smith was allegedly carrying cocaine with a street value of up to $100,000 in his suitcase on an 8:46 a.m. flight scheduled two days earlier, from Los Angeles to Lihu‘e.
U.S. attorneys working the case also allege the Smiths had been part of an eight-year operation in which they were purchasing cocaine in Los Angeles and transporting it back to Hawai‘i.
Both men were granted permission to post $50,000 bond June 29 by federal Judge Victor Kenton, based on a conditional release; however, Assistant U.S. Attorney Rodrigo A. Castro-Silva appealed and changed that decision based on the egregious nature of the allegations.
Bail was increased to $150,000 and both brothers have been remanded to stay in California until their trial date.
Today’s hearing was originally set for the defense’s motion to suppress evidence, which was filed on Sept. 24.
Defense attorneys had claimed Drug Enforcement Agency officials and sheriffs didn’t have a search warrant when they obtained the evidence and were therefore in violation of the fourth amendment.
Federal Public Defender Sean Kennedy said neither acting on an anonymous tip that the brothers were transporting the cocaine nor obtaining their permission to search their luggage was justifiable reason for the search.
“It does not establish probable cause,” Kennedy said. “Evidence found in (Mike) Smith’s luggage and any statements made by him in the course of his detention should be suppressed.”
But Kennedy withdrew the motion to suppress on Oct. 9.
The trial for the remaining charges is slated to begin Oct. 23.
Curt Smith’s sentencing for count one is set for Feb. 11.
• Amanda C. Gregg, assistant editor/staff writer, can be reached at 245-3681 (ext. 252) or agregg@kauaipubco.com.
