Pubdate: Wed, 29 Oct 2008
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2008 The Press Democrat
Contact:  http://www.pressdemo.com/
Details: http://www.mapinc.org/media/348
Author: Glenda Anderson, Staff Writer
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

UKIAH MARIJUANA GROWER PARKER FILES CIVIL LAWSUIT FROM JAIL CELL

A Ukiah man known for his conspicuous pot-growing operations has
filed a federal civil rights lawsuit claiming Mendocino County law
enforcement officers ignored his request for an attorney while
conducting a search of his home in February. Related Links:

* Pot-grower reaches plea deal in Ukiah * Busted again, 2 months
before pot trial

Memo Parker's lawsuit also claims that law enforcement officials
conspired to deprive him of his civil rights and that Sheriff Tom
Allman has failed to adequately train officers to prevent such violations.

"These acts set a dangerous precedent and also highlight what seems to
be a broader pattern within the Mendocino County Sheriff's Department
acting through tactics designed to suppress and eradicate lawful
medical marijuana within the county," said Parker's attorney, J. David
Nick.

Parker, 37, could not be reached for comment. He's been in the
Mendocino County Jail since August as part of a plea agreement he made
in April.

In exchange for having drug charges against him dropped, Parker
pleaded no contest to conspiracy to commit an offense injurious to
public health or morals and agreed to sell his two west Ukiah homes
and turn over $95,000 of the proceeds to authorities.

He has not sold the homes.

Allman declined to comment on Parker's lawsuit and referred phone
calls to Mendocino County Counsel Jeanine Nadel, who could not be
reached for comment Tuesday.

The lawsuit seeks an unspecified amount of compensation.

Parker's legal battle is emblematic of the struggle to determine what
constitutes legal pot production since voters legalized marijuana for
medicinal use in 1996. Parker, who says he grows medical marijuana,
has been a central figure in Ukiah's battle over the issue.

Complaints from Parker's neighbors over the stench of Parker's
ripening pot and an attempted armed robbery at his home were cited by
Ukiah officials when they passed an ordinance that banned outdoor pot
cultivation.

Nick said law enforcement authorities have persisted in acting as
though all marijuana production is illegal. Law enforcement officials
have said Parker has pushed far beyond the limits of the law.

He has twice been arrested for growing more than 200 plants at a
time.

Nonbinding state guidelines for medical marijuana production suggest
six mature plants per patient.

Nick said large gardens are not illegal, and compensation is
acceptable as long as it's not for profit.

When Parker was arrested in February on suspicion of having 300 pot
plants and 30 pounds of processed marijuana, he was awaiting a second
trial on charges of growing 193 mature plants, numerous starter plants
and possessing concentrated cannabis.

Drug charges in both cases were dropped in April in exchange for his
plea.

Under the agreement, authorities agreed to return two vehicles -- a
BMW sedan and a sport utility vehicle -- and $20,000 in cash seized
from Parker's home and bank account. The marijuana and another BMW
seized by federal agents during the February raid were not part of the
agreement.
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MAP posted-by: Larry Seguin