Source: San Luis Obispo Telegram-Tribune (CA)
Contact:  http://www.sanluisobispo.com/
Pubdate: Wed, 25 Mar  1998
Author: Danna Dykstra

ALLEGED METH LAB NOT ALL IT SEEMED

SAN LUIS OBISPO -- A Superior Court judge Tuesday substantially reduced
bail for two men connected to a well-publicized drug bust after
approximately 10 pounds of suspected methamphetamine seized from a rural
San Luis Obispo property turned out to be a legal sodium byproduct.

The District Attorney's Office also dismissed an enhancement charge that
could have added 10 years in prison for convictions on the remaining
manufacturing charges against Nickolaus K. Kopp, 62, of Cambria and Howard
Leasure, 42, of San Luis Obispo.

County Narcotics Task Force agents initially reported seizing a significant
amount of suspected meth at 1020 O'Connor Way, along with chemicals used to
make the drug and the discovery of waste materials indicating up to 150
pounds of meth had allegedly been manufactured on the property.

Based on both the significant seizure and the discovery of an alleged meth
lab, NTF agents requested a bail increase of $250,000. Judge Roger Picquet
upped that request to a no-bail order.

On Tuesday Judge Christopher Money ordered the bail reduced to $40,000
each. Both Kopp and Leasure pleaded not guilty to manufacturing charges.

A hearing to determine whether there is enough evidence to warrant a trial
is scheduled April 6 before Judge Money.

By 7 p.m. Tuesday, Kopp had posted bail. Leasure remained in custody at the
County Jail.

"The meth lab case is still there, but because the 10 pounds didn't test
positive for pure meth, we felt it was unfair and unreasonable to keep (the
enhancement)," said Deputy District Attorney Ron Abrams. "We agreed to
adjust the bail to reflect the charges."

San Luis Obispo Police Chief Jim Gardiner, chairman of the NTF governing
board, referred questions about Tuesday's court action to a task force
spokesman.

According to the NTF's Mike Kennedy, four presumptive tests conducted on
the powdery substance showed an "unusual" positive reaction, leading agents
to believe the product contained meth. Kennedy said the suspected
methamphetamine turned out to be sodium hydroxide, or caustic soda.

Kennedy said caustic soda is not illegal, but is considered to be a
material used to make meth. He said the 10 pounds of caustic soda also
contained solvents and chemicals "consistent with the manufacturing of
methamphetamine."

"It's great to find a finished product at a lab site, but often what you
get is 20 or 30 substances used for manufacturing," said Kennedy. "Based on
the totality of the chemicals and equipment found at that site,
manufacturing was taking place at 1020 O'Connor Way."

Ilan Funke-Bilu, who is representing Kopp, said he doesn't believe caustic
soda is used to manufacture the drug. "It's either salt or a salt
byproduct," he said outside the court room. "Whatever it is, it's 10 pounds
of a white powdery substance that's not illegal."

Funke-Bilu acknowledged NTF agents conducted a series of tests on the
product. "They did several presumptive tests because the results weren't
coming out to their liking."

According to Kennedy's reports filed in court, search warrants were served
at 1276 Main St. in Cambria and at the O'Connor Way property, where Leasure
was living in a mobile home. A consent search was also conducted at a
Parkhill Road property in rural Santa Margarita.

During the search at the O'Connor Way site, agents seized more than 70
freon cans, a gas cylinder, red phosphorous, a hydraulic meth press,
filters with residue consistent with the manufacturing of meth, and 300
pounds of sodium hydroxide.

According to reports, Kopp was allegedly linked to a meth lab that caused a
fire at a Cayucos motel in January.