Pubdate: Fri, 28 Oct 2005
Source: New Times (San Luis Obispo, CA)
Copyright: 2005 New Times
Contact:  http://www.newtimesslo.com/
Details: http://www.mapinc.org/media/1277
Author: Jeff Hornaday
Note: MAP archives articles exactly as published, except that our 
editors may redact the names and addresses of accused persons who 
have not been convicted of a crime. But in this case the family is 
clearly seeking assistance. The area code for Grover Beach is 805.
Cited: Grover Beach police http://www.grover.org/gr_pol.htm
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

GROVER FAMILY BUSTED FOR MEDICAL POT

Grover Beach Police Arrest Suspects After Speaking to Their Doctor

Grover Beach Police broke into the home of Jason and Aileen Brooks 
last Tuesday, Oct. 18, to discover an elaborate marijuana growroom 
and a large cache of the dried herb. Police entered the apartment at 
443 Trouville Ave. without a warrant, based on an erroneous report of 
an unattended child.

The Brookses' landlord, Gail Kemble, let an inspector into the 
apartment to conduct an unannounced inspection of the property, and 
he saw the Brookses' 4-year-old son playing alone on the staircase. 
Not knowing that the mother was upstairs in the bedroom, Kemble 
called the police.

When the police arrived, they began prying open cupboards, cabinets, 
and the locked door to a spare bedroom. In that bedroom and in the 
garage, they discovered a 4000-watt grow setup with close to 100 
marijuana plants in various stages of growth, mostly un-rooted 
cuttings. Police also found Mrs. Brooks, who was promptly handcuffed 
and arrested, and 1.5 gallons of "concentrated liquid cannabis" - 
whatever that is.

Aileen explained her medical status to the arresting officers and 
provided them with her physician's phone number, as well as paperwork 
showing that they were caregivers for other patients in the area. The 
police made the call to Dr. Philip Denney, who verified that Aileen 
and Jason were both qualified medical marijuana patients who were 
using cannabis under his recommendation for severe back and neck pain 
related to injuries from a car accident.

After speaking to Dr. Denney, the officers proceeded with the arrest. 
Aileen and her son were both taken into custody, and she was charged 
with multiple felonies, including cultivation, possession for sale, 
and child endangerment. Their son has been temporarily placed in the 
custody of a relative.

The police report was completed with no mention of the suspects' 
medical status or the phone call to Dr. Denney. Lt. Brian Thomas 
maintained that "no medical documentation was provided to the 
arresting officers at the scene," although he does not deny that a 
phone call was made to "someone claiming to be a doctor."

"We'll wait to see the evidence that comes out," attorney Louis Koory 
observed. "I have confidence in the ability of the judge and the 
courts to enforce the law fairly."

Jason came home Tuesday evening to find his "worst nightmare:" an 
empty house, a dismantled growroom, and blood all over his bed. 
Aileen reported that she incurred a bloody nose during the arrest.

On Friday, Aileen's family posted bail - which had been reduced from 
$50,000 to $20,000 with the help of Koory - and she was released from 
jail. On Monday, her 26th birthday, Aileen appeared in court with 
Koory and had her arraignment postponed one week.

Also on Monday, Koory met with Grover Beach Police, who were issuing 
a warrant for Jason's arrest. Koory told New Times that he'd made a 
gentleman's agreement to surrender Jason, and that Lt. Thomas agreed 
to notify Koory before executing the warrant. Although not legally 
binding, such an arrangement is not uncommon, Koory said, and in his 
14 years as an attorney, he can't remember such an agreement ever 
being dishonored.

After a failed attempt to contact Jason on his cell phone, the police 
returned to the Brookses' apartment shortly before 8 a.m. Tuesday and 
served the felony arrest warrant, without notifying Koory. Jason is 
now being held in county jail at $50,000 bail.

The Brooks family is scrambling to raise money for its legal defense 
fund, and asks that people contact Koory at 541-5411 to contribute.
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MAP posted-by: Richard Lake