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Chris Bartkowicz, the Highlands Ranch medical-marijuana grower facing federal drug charges for his basement operation, said Thursday that he was panicked and scared when agents confronted him outside his house.
In the first time he has publicly said more than a few words about his February arrest, Bartkowicz said he was reluctant to talk to the Drug Enforcement Administration agents who would eventually arrest him and hesitant about letting them search his house. But, he said, he ultimately thought he could address their concerns.
"I believed that if I explained to them that I wasn't illegal, that I was compliant with state law, that they would leave," he said.
Bartkowicz's testimony came on the second day of a hearing over motions to throw out statements he made to agents, as well as evidence gathered during the search of his house. Bartkowicz's attorney, Joseph Saint-Veltri, contended that Bartkowicz was coerced into signing forms consenting to the search and waiving his right to remain silent. Saint-Veltri also argued that the agents illegally detained Bartkowicz before his formal arrest.
U.S. District Judge Philip Brimmer denied the motions, saying he found no reason to believe Bartkowicz signed the forms against his will. Brimmer, however, did toss out statements Bartkowicz made to investigators before his signing the Miranda rights waiver.
Bartkowicz, who is charged with three felony counts related to marijuana possession and cultivation, was arrested in February after giving an interview to 9News in which he discussed his medical-marijuana growing operation. DEA agents said that interview – plus Bartkowicz's prior criminal record and his house's proximity to an elementary school – led them to target him.
But Saint-Veltri said the 9News story, which agents did little to corroborate before contacting Bartkowicz, wasn't enough to justify Bartkowicz's detention, calling it essentially "an unverified tip." If the agents illegally detained Bartkowicz, Saint-Veltri said, that tainted the rest of their interactions with him.
Assistant U.S. Attorney M.J. Menendez said agents acted properly throughout the investigation and never threatened Bartkowicz or tried to trick him.
Brimmer ruled that the 9News story was sufficiently credible for agents to act upon and noted they did some investigating to make sure they had the right guy before confronting Bartkowicz.
Bartkowicz's trial is scheduled to begin in November. If convicted, he faces a potential life sentence.
NewsHawk: MedicalNeed: 420 MAGAZINE
Source: Home - The Denver Post
Author: John Ingold
Contact: Contact Us - The Denver Post
Copyright: 2010 The Denver Post or other copyright holders
Website:Medical-pot grower says DEA agents made him panic - The Denver Post
In the first time he has publicly said more than a few words about his February arrest, Bartkowicz said he was reluctant to talk to the Drug Enforcement Administration agents who would eventually arrest him and hesitant about letting them search his house. But, he said, he ultimately thought he could address their concerns.
"I believed that if I explained to them that I wasn't illegal, that I was compliant with state law, that they would leave," he said.
Bartkowicz's testimony came on the second day of a hearing over motions to throw out statements he made to agents, as well as evidence gathered during the search of his house. Bartkowicz's attorney, Joseph Saint-Veltri, contended that Bartkowicz was coerced into signing forms consenting to the search and waiving his right to remain silent. Saint-Veltri also argued that the agents illegally detained Bartkowicz before his formal arrest.
U.S. District Judge Philip Brimmer denied the motions, saying he found no reason to believe Bartkowicz signed the forms against his will. Brimmer, however, did toss out statements Bartkowicz made to investigators before his signing the Miranda rights waiver.
Bartkowicz, who is charged with three felony counts related to marijuana possession and cultivation, was arrested in February after giving an interview to 9News in which he discussed his medical-marijuana growing operation. DEA agents said that interview – plus Bartkowicz's prior criminal record and his house's proximity to an elementary school – led them to target him.
But Saint-Veltri said the 9News story, which agents did little to corroborate before contacting Bartkowicz, wasn't enough to justify Bartkowicz's detention, calling it essentially "an unverified tip." If the agents illegally detained Bartkowicz, Saint-Veltri said, that tainted the rest of their interactions with him.
Assistant U.S. Attorney M.J. Menendez said agents acted properly throughout the investigation and never threatened Bartkowicz or tried to trick him.
Brimmer ruled that the 9News story was sufficiently credible for agents to act upon and noted they did some investigating to make sure they had the right guy before confronting Bartkowicz.
Bartkowicz's trial is scheduled to begin in November. If convicted, he faces a potential life sentence.
NewsHawk: MedicalNeed: 420 MAGAZINE
Source: Home - The Denver Post
Author: John Ingold
Contact: Contact Us - The Denver Post
Copyright: 2010 The Denver Post or other copyright holders
Website:Medical-pot grower says DEA agents made him panic - The Denver Post
