The U.S. Supreme Court has scheduled a conference today in Washington, D.C., to consider surveillance and privacy issues surrounding the federal raid in 2010 of The 91直播 Cannabis Ministry 鈥� also known as the THC Ministry 鈥� which operated openly for years with a storefront banner in downtown Hilo.
Wesley Mark Sudbury, one of 14 people arrested in the operation 鈥� in which the feds were assisted by local law enforcement 鈥� and who was convicted in U.S. District Court in Honolulu of conspiring to manufacture, distribute and possess with intent to distribute 100 or more marijuana plants, appealed to the Ninth U.S. Circuit Court of Appeals in San Francisco, claiming recordings of conversations made by a confidential informant without a warrant violated his right to privacy.
The appellate court rejected his appeal.
Sudbury, who now lives in Utah, has argued his case pro se 鈥� that is, by himself, without an attorney 鈥� and it鈥檚 rare that a pro se case makes it even to the consideration phase by the nation鈥檚 highest court.
Roger Christie, the cannabis minister and activist who headed the THC Ministry, spent more than four years in prison as a result of the federal bust. Share Christie, whom he married while in prison, spent more than two years behind bars.
鈥淢y hair is blown back,鈥� said Christie, about his surprise that the case has made it to this point.
鈥淭hey鈥檙e going to decide whether they鈥檙e going to carry the case forward and make it one of the very rare cases that the Supreme Court accepts and does a deep dive on for legal precedent,鈥� Christie told the Tribune-Herald on Thursday. 鈥淚t carries such enormous influence on the overreach of surveillance now with digital (identification) and facial recognition cameras. We want ownership of our bodies, our faces, our names and not let it go out to illegal surveillance to be used against us.鈥�
Sudbury 鈥� who was a fugitive for a period and who spent seven years, mostly in pretrial detention, in prison 鈥� has, in Christie鈥檚 words, 鈥渟teadfastly maintained his innocence and wants to bring this issue forward, so he鈥檚 been doing it pro se.鈥�
鈥淚 believe we are of like minds in protecting these fundamental rights due to our common goal of protecting individual liberty, rule of law and protecting the Constitution,鈥� Sudbury said in a statement.
Sudbury鈥檚 case alleges systemic abuses of power and violations that he and Christie claim undermine both individual rights and the integrity of the justice system, including wiretaps and video evidence collection by the 91直播 Police Department they claim to be illegal, which was provided to the feds.
According to Christie, if the nation鈥檚 highest court decides to hear the case, 鈥渢hey will appoint a SCOTUS-approved lawyer鈥� to represent the appellants.
鈥淲e鈥檙e so happy to be at this point after all these years, and turn the tables. There was never a criminal intent, and there was never a victim in our case,鈥� he said. 鈥淭he privacy issue affects every U.S. citizen. It鈥檚 very fundamental. We all deserve it.
鈥淲e鈥檙e at a pivot point. It鈥檚 either going to go toward 24/7 tyranny, or we鈥檙e heading for freedom. And this case will make that decision.鈥�
Email John Burnett at jburnett@hawaiitribune-herald.com.