Pubdate: Wed, 31 Oct 2001
Source: Virginian-Pilot (VA)
Copyright: 2001, The Virginian-Pilot
Contact:  http://www.pilotonline.com
Details: http://www.mapinc.org/media/483
Author: Tim McGlone, The Virginian-Pilot

TABLES TURN ON CHARACTER WITNESS IN ECSTASY CASE

NORFOLK - A character witness trying to vouch for a suspect in a
federal drug case landed in legal trouble after authorities presented
evidence linking the witness to the suspect's drug activity.

Gregory F. Fowler, a Navy SEAL accused of making the drug Ecstasy in
his Chesapeake home, was trying to persuade a federal magistrate judge
to release him on bail Tuesday. But when he presented his friend Chris
Malendoski as a character witness, the tables quickly turned.

``Are you a chemist?'' Assistant U.S. Attorney Lisa McKeel asked
Malendoski.

``No,'' he replied.

``Why then would you order palladium chloride over the Internet?'' the
prosecutor asked.

Palladium chloride is a chemical used to manufacture Ecstasy, a
synthetic drug popular among the club set that produces euphoric highs.

With that, the judge halted the proceeding and read Malendoski his
rights. Malendoski declined to answer any more questions and said he
would seek an attorney. He was not arrested.

Magistrate Judge Tommy E. Miller then ordered Fowler held without
bond. A co-defendant, Sommer K. Washburn, was released to her father
on a $20,000 unsecured bond after Tuesday's hearing.

Fowler and Washburn are charged with conspiracy to manufacture
Ecstasy. The charge carries a maximum penalty of 20 years in prison.
The case now goes to a grand jury.

Fowler and Washburn were arrested Friday after federal agents raided
their home in the 500 block of Foxgate Quarter. Inside, agents
discovered an intricate laboratory with chemicals used to manufacture
Ecstasy. There were so many combustible chemicals in the home that the
agents called in the U.S. Environmental Protection Agency, which
declared the home a hazardous waste site. A private company was called
in to remove the dangerous chemicals.

The agents also discovered Fowler's 2-year-old son
unattended.

During the raid, Fowler admitted to agents that he and Washburn were
planning to produce Ecstasy and sell it for $12 a capsule, according
to court records and testimony Tuesday. No Ecstasy was found in the
home, but a substance baking in the oven is being tested, officials
said.

At Tuesday's hearing, Malendoski, a commercial real estate agent,
testified that he would allow Fowler to move in with him in Norfolk
and make sure he shows up for court.

As he was testifying, a federal agent handed McKeel a piece of paper.
She later stood up, waving it, and asked Malendoski about an order for
palladium chloride he apparently placed over the Internet within the
past month.

That's when Miller stopped the questioning.

``I advise you that if you are in any way involved . . . you ought to
seek counsel,'' the judge said. ``Anything you say will be used
against you.''

Initially, Malendoski tried to explain, but then asked for a lawyer
and stepped down. Outside court, he declined to comment. Friends with
him said he wasn't aware the chemical was used for making an illegal
drug.

Fowler's estranged wife also testified Tuesday and described Fowler as
an ``honorable'' man and ``loving father'' until he went to Panama
City, Fla., for SEAL training seven months ago and met Washburn.

When he returned, he moved in with Washburn, leaving behind his
2-year-old son and a newborn, according to testimony.

Fowler has a history of steroid use, his wife testified. A member of
SEAL Team 2, Fowler is being discharged from the Navy for testing
positive for Ecstasy, according to testimony.
- ---
MAP posted-by: Derek