A hearing held was held for Mike Ruggles, the man facing 77 years for attempting to start up a medical marijuana collective, this morning, Tuesday, Feb. 13, 2018, at the courthouse in Hilo on Hawai‘i Island.
The hearing consisted of a Motions to Compel, a Motion to Dismiss Due to Prosecutorial Misconduct as well as a Frye Hearing, in which the state offered Ruggles a plea agreement.
The state of Missouri prosecutors offered Galin Edward Frye two deals while seeking his conviction for driving while his license was revoked, but his lawyer never told Frye about the offers. Frye pleaded guilty to a felony charge and was sentenced to three years in prison.
Frye appealed, saying his lawyer should have told him about the previous deals. A Missouri appeals court agreed. Prosecutors contend that not knowing about the deals they offered doesn’t mean that Frye didn’t know what he was doing when he decided to plead guilty.
Prosecutor Rick Damerville spoke to Big Island Now after the hearing and explained the process of the Frye Hearing and how it is pertinent to this case.
In a written letter from the prosecutors office, Deputy Prosecuting Damerville offered the following plea:
Dear Mr. Ruggles:
Re: State of Hawai‘i v. Michael Doyle Ruggles, CR. No 15-1-0391
Pursuant to Rule 11 of the Hawai‘i Rules of Criminal Procedure, and a recent suggestion by the Court, the State of Hawai‘i makes the following plea offer in the above styled case:
Mr. Ruggles may conditionally plead guilty of no contest (for civil liability reason only) to: Count 3, the lesser included offense of Commercial Promotion of Marijuana in the Second Degree (knowingly possessing marijuana (cannabis) having an aggregate weight of two pounds or more, in violation of Section 712-1249.5(1)(a), HRS; or Count