Modafferi sister to remain
By Debra Barayuga
in jail pending federal
drug trial
Star-BulletinA federal magistrate has ordered the youngest sister of former Deputy Prosecutor Gary Modafferi held pending trial on drug charges.
Federal Magistrate Barry Kurren ruled that Joy Modafferi was a flight risk and a danger to the community, and he denied the defense's motion to release her on a signature bond.
"The court felt the $25,000 signature bond was inadequate to assure her appearance," said defense attorney Arthur Ross yesterday. He said he will file a motion for reconsideration.
Modafferi was arrested a week ago and pleaded not guilty to distribution of crystal methamphetamine in excess of 10 grams on April 19. A preliminary hearing has been set for July 20.
Ross had argued that Modafferi needs substance abuse and mental health treatment and asked that she be released to enter Hina Mauka in Kaneohe pending trial.
Assistant U.S. Attorney Thomas Muehleck argued that Modafferi has no stable residence nor employment. She also allegedly traded cocaine for a Glock pistol and has admitted to past drug use, he said.
According to an affidavit filed in U.S. District Court by FBI Special Agent Douglas Hart, Modafferi has been under investigation by federal officials since April 1999.
She is alleged to have sold quantities of crystal methamphetamine, or "ice," and heroin to undercover police officers on seven other occasions, in addition to the April 19 transaction.
According to the affidavit: Modafferi on April 20 sold 6.06 grams of ice to an undercover officer for $700. On April 28, she sold 14.99 grams of heroin for $2,000. On May 21, she was present during a transaction in which she arranged for an undercover officer to purchase 25.76 grams of heroin from a third party for $3,200.
On June 9, she arranged for an additional 9.93 grams of heroin to be purchased from a third party for $1,900. On June 30, she sold 24.97 grams of heroin to an undercover officer for $3,200 and provided a gram sample of cocaine.
On the day of her arrest on July 7, she provided an undercover officer with 8 grams of cocaine in exchange for a pistol.
In December 1997, FBI agents conducted a search of her Prospect Street apartment for drugs three days before a federal grand jury indicted her brother Gary Modafferi for drug possession, distribution and a firearms violation. He pleaded guilty in September 1998 to one count of distributing crystal methamphetamine. In exchange for his guilty plea, prosecutors dropped all other charges.
He was sentenced to three months in federal prison after which he will be placed on six months home detention with electronic monitoring, followed by three years of supervised release.
