KAILUA-KONA — A man in custody on drug charges in connection with a drug bust in Kailua-Kona last month has yet to appear in court. ADVERTISING KAILUA-KONA — A man in custody on drug charges in connection with a drug
KAILUA-KONA — A man in custody on drug charges in connection with a drug bust in Kailua-Kona last month has yet to appear in court.
On Wednesday, prosecutors filed a motion to compel Derek Conway to appear in District Court either in person or via video teleconference for his initial appearance. During that appearance, he could either demand a preliminary hearing, during which the state must prove it has probable cause to support the charges in Circuit Court, or he can waive his right to the hearing, which also moves the case to Circuit Court for further proceedings.
Toni E. Schwartz, spokeswoman for the Department of Public Safety, which oversees housing and transport of custodies, said Conway has been unable to attend court proceedings because of personal circumstances that are deemed confidential.
“We have kept the court and attorneys apprised of the situation,” she said.
Conway was taken into custody on July 24 after drugs were recovered from a home on Ala Onaona Street. Police say a screened package, which contained 14.18 ounces of methamphetamine and 10.03 ounces of heroin, was addressed to the residence.
Area II Vice officers went to the home where the package of drugs was addressed and encountered Conway and another man, Michael Anthony Ventrella. A search warrant executed at the house yielded methamphetamine, marijuana, prescription pills, anabolic steroids and three firearms, according to police.
An indictment later filed against Ventrella indicated he accepted the delivery or was in possession of a parcel from FedEx, which contained heroin and methamphetamine.
Both men were booked into jail on various drug charges. Ventrella posted $48,275 bail while Conway is being held without bail.
Before Ventrella could make an initial appearance in District Court, however, he was indicted on Aug. 10 for two counts of attempted promoting a dangerous drug in the first degree; two counts of promoting a dangerous drug in the second degree; three counts of promoting a dangerous drug in the third degree; two counts of promoting a harmful drug in the fourth degree; promoting a detrimental drug in the third degree; drug paraphernalia; possession of a firearm with intent to facilitate the commission of a felony drug offense; deadly weapons prohibited; two counts of promoting a dangerous drug in the first degree.
Conway, meanwhile, was charged with three counts of promoting harmful drugs and two counts of promoting a dangerous drug in the second degree, promoting drug paraphernalia, possessing prohibited ammunition, and a firearm offense.
Conway was also charged for probation revocation with no bail relative to prior drug charges.
Conway has remained incarcerated at the Hawaii Community Correctional Center in Hilo. His first court appearance was scheduled for Aug. 8, which was continued to Aug. 9. However, according to court documents, the defendant was not brought to the court because he “refused to leave his cell.”
The hearing was continued to Aug. 15. Again, the defendant was not brought to court. According to the prosecutor’s motion, Conway was not transported to the hearing for “medical reasons.”
The hearing was once again continued to Aug. 22. Again, the court continued the hearing to Aug. 29.
By law and per the Hawaii Rules of Penal Procedure, the state is required to make Conway available for various hearings if he is in custody. The motion filed by deputy prosecutor Sheri Lawson states the Department of Public Safety has neither brought the defendant to court nor made him available via video teleconference for arraignment.
“In addition, little to no information has been provided as to why the defendant has not been transported to court,” the filing states. “This cannot continue to happen without explanation or a plan on how to move this case forward while protecting the rights of the defendant to present at hearings.”
Court records don’t indicate when Ventrella will next appear in court. He is out of custody as the $48,275 he posted in bail prior to the indictment and bench warrant issued on Aug. 10 was transferred to Circuit Court.
