Pubdate: Thu 26 Feb. 1998 Source: The Herald, Everett, WA, USA Contact: http://www.heraldnet.com Author: Scott North, Herald Writer Note: You can contact Scott North by phone at 425-339-3431 or you can send e-mail to him at Comments can be sent to POT GROWERS MISLED LAWYER, JUDGE RULES Everett attorney's role described as 'troubling' SEATTLE -- Two admitted marijuana growers from Eastern Washington criminally abused their relationship with an Everett lawyer, and in so doing, gave up the usual protections of an attorney-client relationship, a federal judge ruled Wednesday. Gregory Haynes and James Denton in 1994 took advantage of the attorney-client relationship with lawyer Mark Mestel to hide their involvement in marijuana growing operations in Stanwood and in the tiny community of Warden near Moses Lake, U.S. District Court Judge Thomas Zilly ruled. Along with other members of the pot growing ring, the pair conspired to have Mestel file fraudulent documents in an attempt to mislead the government about who bankrolled the Stanwood pot farm, which was discovered when it caught fire in May 1994, the judge ruled. Federal prosecutors last summer charged Haynes, Denton and others with conspiracy and money laundering after law officers unearthed another large pot farm, this time buried beneath a Grant County alfalfa field. Zilly said after listening to more than four days of testimony he found much that was "troubling," including Mestel's role. "I don't think they (the defendants) gave Mestel all the facts," Zilly said. "They certainly gave him a lot. I think more than Mr. Mestel was willing to admit." Attorneys for Haynes and Denton had asked Zilly to dismiss the case, arguing the government erred in 1996 when it recruited Dale Fairbanks, a former private investigator, to help investigate the pot growers. Most of the investigation's targets had previously been represented by Mestel, for whom Fairbanks had regularly worked as an investigator. Haynes attorney Allen Ressler said the government's use of Fairbanks had "undermined the appearance of fairness" and tainted the government's investigation so much that all evidence should be thrown out. He said Fairbanks' insider knowledge of the pot growing operation stemmed from the attorney-client relationship. To make their case, defense attorneys had Haynes and Denton testify about how they made thousands of dollars growing and selling marijuana and cleaning up the cash through legitimate business investments. The pair contended that Mestel was paid thousands of dollars to represent ring members, and that they were open with their lawyer about the illegal deals. Haynes also testified he supplied Mestel with small amounts of marijuana, including an alleged face-to-face delivery in Cle Elum in 1995, when Haynes said he put pot in a baseball hat for Mestel. Mestel testified last week that Haynes had, unbidden, sent him marijuana on a couple of occasions. He insisted he threw away, or turned away, the drugs and flatly denied receiving pot in a hat. Zilly noted that both Haynes and Fairbanks were present for the Cle Elum meeting, and offered substantially similar testimony about the incident. As for the other deliveries, "I'm satisfied that Mr. Mestel knew about it, or had some conversations with him (Haynes) about it," the judge said. Mestel has not been charged. When told of the judge's comments, Mestel said: "I stand by my testimony." The judge said he was troubled by the government's decision to use Fairbanks in the case, but he also was impressed by the steps investigators took to not undermine the confidential relationship Mestel had with other clients. "I am satisfied the government diligently and vigorously" maintained its focus on ongoing criminal activity, not protected by the attorney-client privilege, Zilly said. The judge said he may throw out some evidence Fairbanks supplied, but only if he clearly learned it before 1996. A June trial is scheduled. Comments: You don't need to buy Internet access to use free Internet e-mail. Get completely free e-mail from Juno at http://www.juno.com Or call Juno at (800) 654-JUNO [654-5866]