Prosecutors dropping drug charge against Brennan
Hawaii Supreme Court opinion: Mere proximity, control over contraband insufficient for conviction
The Honolulu Prosecuting Attorney's office said it will not pursue a drug possession charge against former University of Hawaii quarterback Colt Brennan in connection with a suspicion of drunken driving arrest last month.
Prosecuting Attorney Keith Kaneshiro said the determination was based on a recent Hawaii Supreme Court opinion and other similar court decisions regarding constructive possession and intent to possess.
On July 25, Brennan was pulled over by police in Kailua. His blood alcohol level was more than twice the legal limit.
A plastic packet containing cocaine residue was found in Brennan's rented car, according to prosecutors.
Brennan faced a charge of promotion of a dangerous drug in the third degree, a Class C felony.
However, in State v. Foster, the Hawaii Supreme Court held that "Mere proximity and power to exercise control over contraband are insufficient to sustain a conviction for possession absent evidence of intent."
Based on that decision, the state could not prove beyond a reasonable doubt that the packet belonged to Brennan.
Brennan still faces the suspicion of drunken driving charge.
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