Pubdate: Tue, 15 Aug 2006
Source: Tampa Tribune (FL)
Copyright: 2006 The Tribune Co.
Contact: http://www.tbo.com/news/opinion/submissionform.htm
Website: http://www.tampatrib.com/
Details: http://www.mapinc.org/media/446
Author: Elaine Silvestrini
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

DEFENSE LAWYER SAYS POT FARM HAD BENEFICIAL PURPOSE

Prosecutors Say It's About 'Greed And Weed'

TAMPA - A man accused of leading a ring of people who grew marijuana 
inside homes was entrapped by government snitches, his attorney told 
jurors in U.S. District Court on Monday.

Herbert Ferrell Jr. is a legitimate businessman whose company, Dermal 
Screening Center, was "his pride and joy," said defense attorney 
Joseph Bodiford in his opening statement for Ferrell's trial. The 
company performs screens to detect skin cancer in its early stages, 
Bodiford said.

"His dream was to save lives," said Bodiford, who added that the 
dream was motivated by Ferrell's own experience with skin cancer.

Assistant U.S. Attorney Anthony Porcelli had a different view of 
Ferrell's motives.

"Greed and weed," the prosecutor said. "That is the story of this case."

Porcelli said Ferrell wanted to get money from growing marijuana to 
put into his company.

Ten of Ferrell's co-defendants have pleaded guilty and agreed to 
cooperate with the government. Porcelli told jurors several of them 
will testify in the trial, which is expected to last into next week.

Authorities have said the ring established indoor marijuana farms in 
residential neighborhoods across the Tampa Bay area, harvesting 
millions of dollars in profit. The ring employed a plumber, an 
electrician and a carpenter who outfitted houses to grow marijuana 
and steal electricity, according to court documents.

Porcelli told jurors that members of the ring chose houses in good 
neighborhoods because they thought no one would suspect marijuana 
would be grown there. They wanted houses with high ceilings to 
increase the yield and enough rooms to support the plumbing and 
electrical systems needed to grow the crops.

One of the houses, Porcelli told jurors, was operated on Crooked Lane 
in Lutz by an informant for the Drug Enforcement Administration who 
will testify what life was like inside an indoor marijuana farm.

Bodiford described the informant, Harvey "Duke" Faglier, as "a beast" 
and a "monster."

"He's a giant of a man, covered in tattoos," the defense attorney 
said. Ferrell said he had heard stories for years about Faglier being 
an "enforcer" for another cooperating witness, Dan Delpiano.

Bodiford said Ferrell heard stories about Faglier knifing and killing 
people all over the world.

Bodiford said it was Faglier who coerced Ferrell into discussing 
marijuana farms during secretly recorded conversations.

The prosecution says Ferrell contacted Delpiano about becoming an 
investor and operating a grow house. The initial idea was to operate 
the house in Georgia, but that was changed to Tampa, Porcelli said. 
Delpiano introduced Faglier into the operation, suggesting he live in 
and operate a grow house for Ferrell.

Porcelli told jurors there are hours of recorded conversations in 
which Ferrell is heard discussing the marijuana growing operation.

On Monday, jurors heard a conversation Delpiano and Ferrell had on 
Dec. 3, 2004, at an airport in Georgia where Ferrell had flown his 
private plane for a meeting.

During the portion of the conversation played for jurors Monday, the 
word "marijuana" is not uttered, but Ferrell talks at length about 
growing a crop inside a house and wiring electricity so as not to 
alert authorities.

He talks about the necessity of closely monitoring crops because they 
can be wiped out by insects or fungus. "We just lost a massive crop," he says.

Bodiford said Delpiano had approached the government and offered 
information about Ferrell because Delpiano had been charged with 
fraud. The defense attorney said Delpiano "makes his living as a snitch."

The DEA gave Faglier "unbridled rein to do whatever he wanted to do 
to set" up the Crooked Lane house.

"Every person in this case has something to gain, some selfish 
personal reason" to testify, Bodiford said.
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MAP posted-by: Beth Wehrman