Press Release
U.S. Department of Justice
United States Attorney
District of Hawaii
PJKK Federal Building (808) 541-2850
300 Ala Moana Blvd., Room 6-100 FAX (808) 541-2958
Honolulu, Hawaii 96850
June 25, 2007
For Immediate Release
P R E S S R E L E A S E
Basho Elliot, age 44, was sentenced by United States District Judge Susan Oki Mollway to 97 months imprisonment today on two counts of conspiracy to distribute and attempt to possess with intent to distribute more than 500 grams of cocaine. A federal jury returned guilty verdicts against Elliot on both counts in February, 2007. According to the evidence at trial, Elliot arranged to have a FedEx parcel containing 2,000 grams of cocaine sent to a co-conspirator on Maui in May of 2003. Elliot and the co-conspirator, John Meston, were arrested after Meston delivered the parcel to Elliot’s home in Lahaina.
In May, 2004, a mistrial was declared when it was discovered during a key defense witness’s testimony that the witness was represented by Elliot’s defense attorney in connection with the same criminal conduct. The case was appealed to the Ninth Circuit and United States Supreme Court on the grounds that any retrial would violate the double jeopardy clause. The Ninth Circuit, in a published decision affirmed Judge Mollway’s decision in declaring the mistrial due to the attorney’s conflict of interest. In imposing the sentence, Judge Mollway found that Elliot had engaged in obstruction of justice by suborning the testimony of two witnesses. Elliot’s sentencing was also enhanced based upon his supervisory role of the co-defendant.
The investigation was conducted by the Drug Enforcement Administration’s Airport Task Force. The prosecution was handled by Assistant United States Attorney Beverly Wee Sameshima.
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