Pubdate: Thu, 19 May 2011
Source: New Times (San Luis Obispo, CA)
Copyright: 2011 New Times
Contact:  http://www.newtimesslo.com/
Details: http://www.mapinc.org/media/1277
Author: Matt Fountain

FORMER POT DEFENDANTS FILE CLAIM OVER NTF RAIDS

A Paso Robles couple arrested in January's massive San Luis Obispo
Narcotics Task Force investigation of medical marijuana collectives
has filed claims against the state for damages.

Rachel Tamagni, a glass artist and holistic medicine specialist, and
husband Chip, a landscaper, were arrested Dec. 28, 2010, along with 10
other SLO County residents on charges that they sold marijuana
illegally. The Tamagnis were founders of Trilogy Health Services, a
Paso Robles-based medical marijuana collective, and they say they were
following state law.

Even though the county District Attorney's Office rejected the NTF's
case-essentially dropping the charges-the Tamagnis have yet to get
back any of their property seized in the early morning raid of their
home, including a personal computer and scores of other personal property.

The claims were filed the week of May 9 by the Tamagnis' SLO-based
attorneys, Patrick and David Fisher. They seek nearly $1 million each
in general damages for loss of property, and general pain and
suffering, as well as punitive damages due to the "intentional
wantonness and willfulness" of the officers who conducted the raid on
their home.

The claim names NTF Cmdr. Rodney John, NTF lead investigator Jason
Dickel, and two other local officers as those who caused the damages.

Rachel Tamagni told New Times she and her husband filed the claim
because the property hadn't been returned despite three separate
motions made in SLO County Superior Court.

"We feel like if you can't fight for what's right, what can you fight
for?" she said. "If at any time [the NTF] had started to be reasonable
here, we wouldn't be filing this."

She added that the couple didn't have access to their business records
during tax season, and substantial legal fees have hurt them
financially.

The state has 45 days from the date of receipt to respond to the
claim, which is the first step in submitting a civil lawsuit. The
Department of Justice's Bureau of Narcotics Enforcement, which
oversees the local NTF, couldn't be reached for comment as of press
time.

The claim was filed less than two weeks before the first trial
stemming from the NTF investigation is set to begin. Peter Miller, who
operated the Paso Robles-based collective Harmonic Alliance, is set
for a pre-trial conference on May 23. 
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MAP posted-by: Richard R Smith Jr.