Some say Modafferi arrest
tied to ‘bad blood’ over trial

By Rod Ohira
Star-Bulletin

On the surface, the federal case against attorney Gary Modafferi involves small quantities of illegal drugs.

"A crime is a crime, but it just makes one wonder why the feds are interested in one pill and small amounts of crystal meth and marijuana," Modafferi's attorney, Michael Green, said.

Modafferi may have been targeted due to "bad blood" that existed in the recent trial of three men accused of conspiring to purchase $1 million of crystal methamphetamine in November 1995, say some of the attorney's supporters.

Robbie Sylva, Robin Saya and Frank Burke are being tried on the mainland after a mistrial was declared in January.

Modafferi, who represented Sylva, and the defense successfully argued against a prosecution motion to select a jury for the second trial, in which the court would assign numbers to jurors to protect their identity.

"It's pretty well known in the defense community that there were a lot of heated issues that arose from the Sylva trial," Green said. "I believe they want his license."

Assistant U.S. Attorney Thomas Muehleck denies Modafferi was targeted.

"The information was brought to the attention of the U.S. government and we investigated," Muehleck said. "The quantity doesn't matter. And it wouldn't matter to us who he is."

The government reportedly has videotape evidence to support charges that Modafferi smoked crystal meth twice in Waikiki hotel rooms during October.

"There's no question Gary created his own Achilles heel through his personal life and exposed himself," attorney Myles Breiner said.

"The government took advantage of an opportunity. I'm surprised by the effort they marshaled to try and destroy the career of one person. I think it's vindictive."

Modafferi, arrested Sunday at his South Street apartment, is charged with knowingly and intentionally distributing 0.69 grams of crystal methamphetamine, possession of crystal meth, and distributing one pill of the prescription drug zolpidem tartrate.

Magistrate Francis Yamashita yesterday set a preliminary hearing for 9:30 a.m. Dec. 22 and then released Modafferi to the custody of his sister, Catrina Brogan, on a $100,000 secured property bond.

As part of the conditions for release, Modafferi will be placed under electronic monitoring and cannot leave his mother's Kalakaua Avenue apartment except to attend a drug treatment program in Kaneohe, Yamashita said.

Modafferi is also required to undergo random drug testing, Yamashita added.