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The Honolulu Advertiser
Posted on: Thursday, January 25, 2007

Charges dismissed for 2 held in raid

By Christie Wilson
Advertiser Neighbor Island Editor

Patrick Aniban

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Matthew Otterson

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WAILUKU, Maui — A Wailuku District Court judge yesterday dropped drug-trafficking charges against two of four suspects arrested in the largest drug seizure case in Maui history.

Police on Friday said they recovered 18.5 pounds of cocaine and 6 pounds of crystal methamphetamine worth an estimated $1.5 million from the Kahului home of Patrick and Ohia Lehua Aniban. Officers also recovered $114,000 in cash and an ounce of marijuana and seized four vehicles and a motorcycle.

The Anibans and two men who were at the house were arrested when officers arrived to search the property. They were charged with first-degree methamphetamine trafficking, first-degree promotion of a dangerous drug, two counts of possessing drug paraphernalia and second-degree promotion of a detrimental drug.

The trafficking charge carries a penalty of up to 20 years in prison and a $20 million fine.

During a preliminary hearing yesterday, Judge Barclay MacDonald ruled prosecutors did not present enough evidence linking Ohia Aniban, 33, to the alleged drug ring. He said there was no evidence she had knowledge of the drugs or control over the illegal stash at the couple's home at 406 Pu'unene Ave.

A police officer testified during the hearing that two bundles of $20 bills totalling $1,700 were found in the woman's purse on a dresser in a bedroom, but MacDonald said it's plausible she would be carrying that much cash as owner of a Subway Sandwiches store in Kahului.

The judge also ruled there was not enough probable cause to support charges against Wallace H. Koga, 57, of Kula, but did keep the counts against Patrick Aniban, 43, and co-defendant Matthew P. Otterson, 35, of Makawao.

Koga and Ohia Aniban, who both had been held in custody since Friday in lieu of $1.5 million bail, were immediately released. A large group of Aniban's supporters who had attended the hearing cheered and hugged the woman, still wearing an orange jail jumpsuit, outside the courtroom. Many said they had all been friends since growing up on Moloka'i.

"We know she didn't have anything to do with it," said Nalia Yasso.

"She's a really, really good person," said Lisa Akahi.

Ohia Aniban, a first-grade teacher at Christ The King School in Kahului, declined to comment. The couple have a 9-year-old daughter.

Although charges against Aniban and Koga were dismissed, prosecutors can still seek indictments at a later date.

Friday's raid at the Aniban house and their Subway store followed a six-month investigation, said Capt. Gerald Matsunaga of the Maui Police Department's Vice Section. The federal Drug Enforcement Administration and the FBI assisted in the arrests and searches.

Matsunaga said the cocaine has a street value of $838,200 and the "ice" $687,000.

Although the seizures were the largest in Maui history, Matsunaga said the case does not necessarily indicate a surge in drug trafficking.

"Not all drug seizures are an indication of what's happening on the street. People have been saying that cocaine is making a comeback, but we didn't think it ever left," he said.

Police last year seized 5.5 pounds of cocaine, and 10.5 pounds in 2005.

During yesterday's preliminary hearing, MPD vice officer Jeffrey Hunt testified that Otterson told police after his arrest Friday that he had gone to California and Las Vegas with Patrick Aniban in November, taking a large amount of cash in carry-on bags. Otterson said Aniban bought cocaine and crystal methamphetamine during the trip and packed it in large plastic jugs of creatine, an energy-boosting nutritional supplement used by athletes. Aniban resealed the jugs, according to Otterson's statement, and they brought the drugs back to Maui in checked luggage.

Patrick Aniban, Koga and Otterson were at the Kahului home when officers arrived with search warrants Friday morning. Hunt said the drugs were found in a storage area attached to the residence. Cocaine and crystal meth were found in plastic bags stuffed in several jugs of creatine and Folgers coffee that were sitting on a shelf, he testified.

Inside several plastic bins were drug paraphernalia including plastic bags, gram scales and paper bands for bundling money. Hunt said that when he moved aside an air compressor, he found a safe that had been built into the concrete floor. Aniban agreed to open the safe, which contained bundles of $100 and $50 bills totaling $114,000, according to the vice officer.

When police began to search a 1965 red Volkswagen Karmann Ghia in the garage that was covered by a tarp, Aniban "closed both eyes, grimaced and let out a big sigh and slowly bowed his head into both his hands," Hunt said.

Found in the front-end trunk were five more creatine jugs containing drugs and three large heat-sealed plastic bags holding crystal meth, Hunt testified. When he opened one of the jugs, which appeared to have its original seal, powder spilled out, revealing a plastic bag containing drugs, the officer said.

A search of Otterson's 1999 Dodge Durango turned up slight amounts of marijuana and cocaine, and he is additionally charged with two third-degree drug offenses and another count of paraphernalia possession.

When police searched Koga's GMC truck, they found several empty plastic packets and a small glass vial that police were unable to test for drug residue, Hunt said. Otterson had told police that he asked to buy cocaine from Koga but the man refused, testimony cited by MacDonald in dismissing the drug-trafficking charges against Koga.

Koga's attorney, public defender David Wiltsie, said after the hearing that his client just happened to be at the wrong place when the search warrants were being served.

Defense attorney Philip Lowenthal, representing Ohia Aniban, used his questioning of Hunt to show police did not have any convincing evidence linking her to the alleged drug operation, other than the fact she is married to one of the suspects.

Although a key on her key ring opened the door to the storage room where the drugs were found, Lowenthal pointed out she did not have a key to the garage door that provided the only access to the storage room.

Judge MacDonald denied requests to lower bail for Patrick Aniban and Otterson, and they remain in custody at the Maui Community Correctional Center in lieu of $1.5 million bail. The two will be arraigned Feb. 6 in 2nd Circuit Court.

Reach Christie Wilson at cwilson@honoluluadvertiser.com.