Keith Kaneshiro

City prosecutors will not pursue a cocaine possession charge against former University of Hawaii quarterback Colt Brennan.

Prosecutor Keith Kaneshiro said the decision was based on court rulings concerning proof of possession.

“A plastic packet containing cocaine residue was found in Brennan’s rented car after a police officer pulled Brennan over for speeding and later arrested him for operating a vehicle under the influence of an intoxicant,” Kaneshiro said in a news release this afternoon.

Keith Kaneshiro

Discovery of the packet could have led to prosecution on a felony charge of promoting a dangerous drug in the third degree, said Kanehiro.

But in a recent decision, Kaneshiro said, 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.”

Under that ruling, prosecutors “could not prove beyond a reasonable doubt that the packet belonged to Brennan,” said Kaneshiro.

Brennan still will be charged with operating a vehicle under the incluence of an intoxicant.

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