Pubdate: Wed, 15 Sep 2004
Source: Register-Guard, The (OR)
Copyright: 2004 The Register-Guard
Contact:  http://www.registerguard.com/
Details: http://www.mapinc.org/media/362
Author: Bill Bishop, The Register-Guard
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

WHITEAKER RESIDENTS SUE POLICE OVER RAID

A lawsuit over a controversial 2002 drug raid in Eugene's Whiteaker 
neighborhood claims that police lied to persuade a judge to give them a 
search warrant to raid three adjacent houses near West Fifth Avenue and 
Adams Street in search of a marijuana growing operation.

The early morning raid - in which 59 officers used an armored truck and 
diversionary explosions of "flash-bang" grenades in a militaristic show of 
force - found no drug operation and resulted in no criminal prosecution.

Whiteaker residents Tam Davage, 37, and Marcella Monroe, 43, threatened 
suit more than a year ago.

The 46-page complaint by Eugene lawyer Martha Walters arrived last week in 
federal court in Eugene and seeks at least $25,500 in damages and possibly 
much more for punitive and other damages.

Eugene attorney Jens Schmidt, who represents the city, declined to comment 
on allegations in the lawsuit.

While the incident has been dogged by claims police used excessive force, 
the lawsuit is the first to publicly detail allegations that police misled 
the judge who issued the search warrant by omitting facts that contradicted 
their belief a drug operation existed in a vacant home or other structures 
on the properties.

For example, the Whiteaker raid was prompted by the arrest of a Portland 
man, Roman McCloskey, who was accused of growing more than 500 marijuana 
plants.

In the Portland raid, police found a cashier's check to McCloskey for 
$2,100 from Monroe, along with other papers with Monroe's name and former 
business address. Portland police also noted McCloskey and Monroe had 
jointly owned a car in 1997.

However, in the sworn statement for the Whiteaker raid, investigator Karol 
Herbert did not tell the judge the $2,100 check was to McCloskey's 
maintenance service and was specifically labeled as payment for demolition 
and debris removal at the Eugene residences from storm damage the previous 
February.

Herbert's affidavit also did not mention that McCloskey and Monroe, former 
domestic partners, had not owned a car together since 1997, according to 
the lawsuit.

The affidavit also failed to mention that Davage operated a jewelry and 
metalsmithing business from one of the homes, which explains why the 
basement contained electrical outlets for overhead lighting and 
ventilation, the lawsuit claims.

The affidavit also describes a "thick dark power cord" running from one of 
the houses to a small wooden outbuilding from which officers heard a 
humming sound.

The affidavit did not say the outbuilding had been converted into living 
quarters and the humming was a window fan operating in summertime, thus 
misleading the judge to believe growing equipment had been installed 
inside, the lawsuit claims.

While the affidavit described potting soil and pots on the property, it did 
not tell the judge that Monroe operated two landscaping businesses at the 
location. It did not describe 600 legal landscaping plants that were on the 
site in plain view, according to the lawsuit.

While officers quoted in Herbert's affidavit said they momentarily smelled 
the "light odor" of growing marijuana in the vicinity of the homes, the 
affidavit did not report that at least four of the neighbors on both sides 
of the residences hold Oregon medical marijuana cards authorizing them to 
grow a limited number of plants legally, according to the lawsuit.

The affidavit also failed to mention that Herbert, working undercover and 
posing as a potential buyer, toured the vacant residence and did not smell 
marijuana.

It also failed to note the suspects have no criminal record, the lawsuit says.

Davage and Monroe seek about $20,000 for property damaged by police and 
additional payment for lost business profits, emotional distress, damage to 
their reputations, punitive damages, legal fees and other losses.

The case is assigned to U.S. District Judge Michael Hogan. No court dates 
have been set.
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MAP posted-by: Terry Liittschwager