Modafferi’s sister angered
By Rod Ohira and Craig Gima
by FBI’s search of her home
Star-BulletinJoy Modafferi was in her bedroom Tuesday when the FBI came calling. "There was a knock and I heard them say: 'Federal officers, open the door,' " said Modafferi, the youngest sister of attorney Gary Modafferi, who was indicted yesterday by a federal grand jury on charge of drug possession and distribution, and a firearms violation.
"I asked if I could see a badge or some identification," she said. "They may have shown something but I didn't see anything. I could hear them cock their guns and they broke the (front) door down."
Joy Modafferi estimates more than a dozen officers entered her second-floor apartment about 5 p.m. as she was served with a drug search warrant.
"I told them upon entry there were no drugs in the house," she said. "With a drug warrant, they can look anywhere and take anything."
The 26-year-old Modafferi, a former science and English teacher who is now a free-lance writer, said the FBI seized several of her personal journals, computer equipment including two laptops and disks, and two weight scales.
Modafferi's boyfriend and two other men were in the apartment when the raid occurred. One of them, a 39-year-old Moiliili man, was arrested on an outstanding traffic warrant.
No one else was arrested.
"It's not unusual for the FBI to do a search warrant and not have people arrested at the time," FBI spokesman John Gillies said.
Gillies had no comment when asked if the raid was related to the drug case involving her brother.
Agents searched the apartment twice and then conducted a third search with dogs, says Joy Modafferi. The search lasted about four hours, she added.
"Undoubtedly, if I weren't a Modafferi, I don't think they would have come here," Modafferi said. "I'm mad, and I feel like I'm being bullied."
Michael Green, Gary Modaf-feri's attorney, said the government has "maximized whatever felonies they can find" with the six-count indictment and that the U.S. attorney's office is trying to "jack up the sentencing guidelines."
"Count one is possession of a single pill," Green said. "They ought to be ashamed of themselves for bringing that charge."
But U.S. Attorney Steven Alm said, "We wouldn't be bringing a case unless we had a good case. This, like all the other cases we bring, is a solid one."
Modafferi is not being targeted because he is a defense attorney, Alm said. "It's not a situation where we're out there going after attorneys. At the same time, if we get information that an attorney is involved in activities like this, we will absolutely follow that up."
Modafferi faces a maximum penalty of 20 years to life and $1 million fine for the distributing charge.
He is also charged with possessing a firearm while being a user of and being addicted to crystal methamphetamine. A gun was found in a search of Modafferi's Kakaako apartment.
Green said the gun was purchased and registered while Modafferi was a deputy prosecutor.
Alm said that, while Modafferi is charged with distributing drugs, he does not consider him to be a "drug trafficker."
