WAILUKU - A Kihei man charged with illegally selling prescription pills and other narcotics at Kalama Park was ordered to stay away from all public parks, public schools and public community centers.
Frank Stone, 83, also was ordered not to consume alcohol or illegal drugs and to report for random testing.
Stone was among six people indicted on drug charges in Operation Kill Pill, a three-month police undercover investigation from last September to November focusing on illegal distribution of prescription pills and other narcotics at the Kihei park.
Frank Stone and Clarence Stone, 77, of Kihei were described as the main targets of the investigation. Police said the two men were known to sell different types of prescription pills at the park daily, with a confidential informant reporting they received $2,000 to $3,000 a day from their illegal activities.
Sept. 24 trials were set in 2nd Circuit Court for both men, who were free after posting $50,000 bail each.
During his arraignment Wednesday, Frank Stone pleaded not guilty to first- and second-degree promotion of a harmful drug and two counts of promoting a controlled substance in a park. Police said an undercover officer bought Soma and Xanax from Stone.
Saying the prosecution was concerned that Stone had changed locations since his arrest, Deputy Prosecutor Tracy Jones asked that Stone be ordered to stay away from any public park, school or community center.
Defense attorney Hayden Aluli objected, saying Stone was presumed innocent under the law.
"Having a stay-away order from a geographic location constitutes punishment, in that this is not a defendant that has been convicted," Aluli said.
He also objected to the requirement that Stone refrain from alcohol and illegal drugs, saying there was no allegation that he was ingesting such substances.
Second Circuit Judge Rhonda Loo imposed the requirements.
Clarence Stone, who was arraigned Wednesday before 2nd Circuit Judge Richard Bissen, was ordered not to consume alcohol or illegal drugs and to stay away from Kalama Park. Clarence Stone pleaded not guilty to first- and second-degree promotion of a dangerous drug and two counts of promoting a controlled substance in a park.
Jones said a stay-away order from public parks, schools and community centers was imposed for Neilsa Rivera, 36, of Kihei, who also was arrested in the operation, when she was arraigned earlier this month.
She has pleaded not guilty to first-degree promotion of a dangerous drug, possessing drug paraphernalia and promoting a controlled substance in a park, with a trial set for Sept. 10. Rivera is being held in lieu of $50,000 bail at the Maui Community Correctional Center.
Another defendant, Justin Ohler, 20, of Kihei was released on supervision earlier this month. He has pleaded not guilty to second-degree promotion of a dangerous drug and promoting a controlled substance at a park. His trial is set for Sept. 10.
Police said two other defendants, Lance Wainwright, 49, of Makawao and Shayne Kennedy, 41, of Kihei have not made court appearances.
* Lila Fujimoto can be reached at firstname.lastname@example.org.