Ganjawar News: Fremont Man Claims Right To Grow Pot

DdC · 09-05-2003, 04:05 PM

Fremont -- A 41-year-old Fremont man whose dog was shot by police officers when they forcibly entered his house looking for marijuana plants has a prescription from his doctor to use pot and a certificate from the Oakland Cannabis Cooperative allowing him to grow and possess it, according to documents obtained by ANG Newspapers.

Robert Filgo and his wife, Yvette Filgo, 38, were arrested Tuesday night after seven police officers served a search warrant at their Niles home and found 79 plants in the back yard and garage.

Yvette Filgo was booked into Fremont Jail and released without charges Wednesday morning. Her husband was taken to Santa Rita county jail in Dublin, then to Valley Medical Center in San Jose, where he was cited and ordered to return to court in October, facing possible charges of possession of marijuana with intent to sell.

During the raid, their 1-year-old shepherd-Akita mix, Little Bear, was shot at nine times and killed as he charged officers, police said.

The incident unfolded about 10 p.m. when Filgo heard someone pounding on his front door. Before he could open the door, officers burst through, shouting that they had a warrant and were going to search the home, he said.

Then, at least one officer fired at the dog three times, striking him once in the rear.

Although police said they were protecting themselves from a barking, aggressive dog, Filgo -- and his secretary, Tedra Sheen, who was in the kitchen at the time -- disagreed.

The dog was barking at the officers but did not move, said Sheen, 26.

The first three shots awoke Mrs. Filgo, who came out of the bedroom. While that was going on, the wounded dog ran into the kitchen, knocking over a trash can, before heading back toward a screen door near the officers, Filgo said.

At that point, police fired six more shots.

Police say they have a right to defend themselves.

"While executing the search warrant, they felt the dog was endangering their safety, and they have the right to defend themselves," Detective Bill Veteran said.

During the search, officers found 79 plants -- one-third of which were seedlings -- along with a smoking device, Filgo's medical marijuana cards and several bags of marijuana.

But they left behind several other bags of marijuana, a scale and all Filgo's growing materials, including lights, fertilizer and hoses.

Now, the Alameda County District Attorney's Office -- which received the case Thursday but returned it to police for further investigation -- must decide whether to file charges.

While no one will say specifically what that investigation entails, the district attorney, in order to convict Filgo, must be able to prove to a jury that he was growing the marijuana with the intent to sell.

Deputy District Attorney Richard Klemmer would not comment about this case specifically, but did say he looks at each incident on an individual basis based on all of the evidence.

"If the case and the evidence establish that the individual is selling, and we believe we can prove it to a jury, then that individual -- whether he has authorization or not -- will be prosecuted," said Alameda County Assistant District Attorney Richard Klemmer.

Jeff Jones, executive director of the Oakland Cannabis Buyers' Cooperative, said state law allows people with a doctor's prescription to possess and use marijuana and grow it for personal use. But that law does not delineate what constitutes personal use, putting the district attorney's office in the position of distinguishing between those who use the drug because they're sick and those who use the certificate as a shield to grow and sell the marijuana for profit.

For his part, Filgo just wants his marijuana and his computer returned.

He's self-employed in the high-tech industry, calibrating quality-control equipment.

"I can't work," he said. "They have my computer with my customer list and billing information."

Note: Police fatally shoot dog while executing search warrant.

Fremont Man Claims Right To Grow Pot
September 05, 2003
By Robert Airoldi, Tri-Valley Herald _

OCBC

CannabisNews Medical Marijuana Archives

More Information On Above Article

Bryan Epis' five ways "to help get me out of the slammer".

OCBC's Links Page

Ganja is Medicine... Get Over It!

Boston U. Study Shows Marijuana Legalization
September 05, 2003
U.S. Newswire
Greenfield, Mass. -- As Massachusetts cities and towns struggle to keep teachers in public schools and police officers on the streets, a Boston University study shows $121 million could be made available to local communities if the state stopped arresting and prosecuting people for marijuana trafficking and use. The study, commissioned by Change the Climate, a non-profit organization that uses outdoor advertising to educate people about marijuana issues, also shows that an additional $17 million could be raised if marijuana sales were regulated and taxed.
Read More... http://www.cannabisnews.com/news/thread17233.shtml

NORML Chief: Stop Punishing Pot Use

U.S. law enforcement spends $7.5 to $10 billion annually enforcing marijuana laws.
According to the FBI, 720,000 Americans were arrested on marijuana charges in 2001.
Keith Stroup, (NORML)

Alaska Court Ruling Sparks Hope for Pot Advocates

Appeals Court Rules Vacaville Man Can Smoke MMJ
September 04, 2003
By Jess Sullivan Daily Republic
Fairfield -- A felon on probation can use medical marijuana, the state Court of Appeals ruled Wednesday. Read More... http://www.cannabisnews.com/news/thread17226.shtml

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Doctor Litigates With State Medical Board
September 03, 2003 at 20:52:02 PT
By Mark Tide Arcata Journal
The California Medical Board is pursuing disciplinary legal action against this state’s most prominent, P215-related physician, simultaneously with officially engaging an effort - long advocated by that very physician - to establish the specific medical practice standards (for physicians recommending / approving per P215) which are the very subject of this legal action.
Tod Mikuriya, M.D. and psychiatrist by specialty, has made a life-long study of medicinal cannabis.
Read More... http://www.cannabisnews.com/news/thread17224.shtml

mikuriya.com

'We Will Not Forget,' Vow Rainbow Farm Supporters

The Murder of Peter McWilliams

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Cops Against The Drug War

The Joseph McNamara Collection

Time article

Missing Activist Wins Back Disputed Ounce of Pot

DRUG PROHIBITION A CASH COW FOR POLICE AGENCIES
Of course we in law enforcement lie about the number of drug users, etc. ( Editorial, Aug. 6 ). How else to force politicians to give us more money, which means more cops, which means more promotions to sergeant or lieutenant? As a retired police officer and a member of Law Enforcement Against Prohibition, I know drug prohibition is a cash cow for those in police work and they have milked this baby for 30 years, even though we have never eliminated one drug job as a result. All drug dealers arrested or killed are quickly replaced.
Prohibition, you gotta love it.
Howard J. Wooldridge
Keller, Texas

Dr. Heath/Tulane Study, 1974
The Hype: Brain Damage and Dead Monkeys
President Ronald Reagan, at the urging of then Vice President George Bush, appointed Carlton Turner as the White House Drug (czar) Advisor in 1981. Soon after Turner left office, Nancy Reagan recommended that no corporation be permitted to do business with the Federal government without having a urine purity policy in place to show their loyalty. Carlton Turner became a rich man in what has now become a huge growth industry: urine-testing.

Bush Team's Prohibition Drug Policy is a Bust

The Rev · 09-05-2003, 04:13 PM

Another awesome thread, DdC. Keep em coming.

Bummer about the dog. The couple must have been heartbroken. I think those officers responsible should be charged with animal cruelty.

The Rev

patriot · 09-05-2003, 06:58 PM

Yeah, shoot one of their dogs and see what happens!!!

Another innocent victim of the prohibition.

Heil Dubya!!!

09-05-2003, 04:05 PM	#1 (permalink)
DdC Decade Yahookan Join Date: Feb 1999 Location: Santa Cruz,CA,USA Posts: 2,117 Blog Entries: 5 Thanks: 51 Thanked 607 Times in 399 Posts	Ganjawar News: Fremont Man Claims Right To Grow Pot Fremont -- A 41-year-old Fremont man whose dog was shot by police officers when they forcibly entered his house looking for marijuana plants has a prescription from his doctor to use pot and a certificate from the Oakland Cannabis Cooperative allowing him to grow and possess it, according to documents obtained by ANG Newspapers. Robert Filgo and his wife, Yvette Filgo, 38, were arrested Tuesday night after seven police officers served a search warrant at their Niles home and found 79 plants in the back yard and garage. Yvette Filgo was booked into Fremont Jail and released without charges Wednesday morning. Her husband was taken to Santa Rita county jail in Dublin, then to Valley Medical Center in San Jose, where he was cited and ordered to return to court in October, facing possible charges of possession of marijuana with intent to sell. During the raid, their 1-year-old shepherd-Akita mix, Little Bear, was shot at nine times and killed as he charged officers, police said. The incident unfolded about 10 p.m. when Filgo heard someone pounding on his front door. Before he could open the door, officers burst through, shouting that they had a warrant and were going to search the home, he said. Then, at least one officer fired at the dog three times, striking him once in the rear. Although police said they were protecting themselves from a barking, aggressive dog, Filgo -- and his secretary, Tedra Sheen, who was in the kitchen at the time -- disagreed. The dog was barking at the officers but did not move, said Sheen, 26. The first three shots awoke Mrs. Filgo, who came out of the bedroom. While that was going on, the wounded dog ran into the kitchen, knocking over a trash can, before heading back toward a screen door near the officers, Filgo said. At that point, police fired six more shots. Police say they have a right to defend themselves. "While executing the search warrant, they felt the dog was endangering their safety, and they have the right to defend themselves," Detective Bill Veteran said. During the search, officers found 79 plants -- one-third of which were seedlings -- along with a smoking device, Filgo's medical marijuana cards and several bags of marijuana. But they left behind several other bags of marijuana, a scale and all Filgo's growing materials, including lights, fertilizer and hoses. Now, the Alameda County District Attorney's Office -- which received the case Thursday but returned it to police for further investigation -- must decide whether to file charges. While no one will say specifically what that investigation entails, the district attorney, in order to convict Filgo, must be able to prove to a jury that he was growing the marijuana with the intent to sell. Deputy District Attorney Richard Klemmer would not comment about this case specifically, but did say he looks at each incident on an individual basis based on all of the evidence. "If the case and the evidence establish that the individual is selling, and we believe we can prove it to a jury, then that individual -- whether he has authorization or not -- will be prosecuted," said Alameda County Assistant District Attorney Richard Klemmer. Jeff Jones, executive director of the Oakland Cannabis Buyers' Cooperative, said state law allows people with a doctor's prescription to possess and use marijuana and grow it for personal use. But that law does not delineate what constitutes personal use, putting the district attorney's office in the position of distinguishing between those who use the drug because they're sick and those who use the certificate as a shield to grow and sell the marijuana for profit. For his part, Filgo just wants his marijuana and his computer returned. He's self-employed in the high-tech industry, calibrating quality-control equipment. "I can't work," he said. "They have my computer with my customer list and billing information." Note: Police fatally shoot dog while executing search warrant. Fremont Man Claims Right To Grow Pot September 05, 2003 By Robert Airoldi, Tri-Valley Herald _ OCBC CannabisNews Medical Marijuana Archives More Information On Above Article Bryan Epis' five ways "to help get me out of the slammer". OCBC's Links Page Ganja is Medicine... Get Over It! Boston U. Study Shows Marijuana Legalization September 05, 2003 U.S. Newswire Greenfield, Mass. -- As Massachusetts cities and towns struggle to keep teachers in public schools and police officers on the streets, a Boston University study shows $121 million could be made available to local communities if the state stopped arresting and prosecuting people for marijuana trafficking and use. The study, commissioned by Change the Climate, a non-profit organization that uses outdoor advertising to educate people about marijuana issues, also shows that an additional $17 million could be raised if marijuana sales were regulated and taxed. Read More... http://www.cannabisnews.com/news/thread17233.shtml NORML Chief: Stop Punishing Pot Use U.S. law enforcement spends $7.5 to $10 billion annually enforcing marijuana laws. According to the FBI, 720,000 Americans were arrested on marijuana charges in 2001. Keith Stroup, (NORML) Alaska Court Ruling Sparks Hope for Pot Advocates Appeals Court Rules Vacaville Man Can Smoke MMJ September 04, 2003 By Jess Sullivan Daily Republic Fairfield -- A felon on probation can use medical marijuana, the state Court of Appeals ruled Wednesday. Read More... http://www.cannabisnews.com/news/thread17226.shtml EU Nations Eye Netherlands Move To Sell Cannabis Cannabis As a Prescription Drug Netherlands Launches Pharmacy Sales of Cannabis Medical Marijuana Goes on Sale in Dutch Pharmacies Doctor Litigates With State Medical Board September 03, 2003 at 20:52:02 PT By Mark Tide Arcata Journal The California Medical Board is pursuing disciplinary legal action against this state’s most prominent, P215-related physician, simultaneously with officially engaging an effort - long advocated by that very physician - to establish the specific medical practice standards (for physicians recommending / approving per P215) which are the very subject of this legal action. Tod Mikuriya, M.D. and psychiatrist by specialty, has made a life-long study of medicinal cannabis. Read More... http://www.cannabisnews.com/news/thread17224.shtml mikuriya.com 'We Will Not Forget,' Vow Rainbow Farm Supporters The Murder of Peter McWilliams Patients Out of Time Cops Against The Drug War The Joseph McNamara Collection Time article Missing Activist Wins Back Disputed Ounce of Pot DRUG PROHIBITION A CASH COW FOR POLICE AGENCIES Of course we in law enforcement lie about the number of drug users, etc. ( Editorial, Aug. 6 ). How else to force politicians to give us more money, which means more cops, which means more promotions to sergeant or lieutenant? As a retired police officer and a member of Law Enforcement Against Prohibition, I know drug prohibition is a cash cow for those in police work and they have milked this baby for 30 years, even though we have never eliminated one drug job as a result. All drug dealers arrested or killed are quickly replaced. Prohibition, you gotta love it. Howard J. Wooldridge Keller, Texas Dr. Heath/Tulane Study, 1974 The Hype: Brain Damage and Dead Monkeys President Ronald Reagan, at the urging of then Vice President George Bush, appointed Carlton Turner as the White House Drug (czar) Advisor in 1981. Soon after Turner left office, Nancy Reagan recommended that no corporation be permitted to do business with the Federal government without having a urine purity policy in place to show their loyalty. Carlton Turner became a rich man in what has now become a huge growth industry: urine-testing. Bush Team's Prohibition Drug Policy is a Bust __________________ Al Capone and Watergate were red herrings to divert the countries attention from the Fascist acts of eliminating competition. Booze/Ethanol then Ganja//Hemp.

09-05-2003, 04:13 PM	#2 (permalink)
The Rev Clear Light Join Date: Oct 2002 Location: In my head, somewhere. Posts: 17,865 Thanks: 5,018 Thanked 5,420 Times in 2,865 Posts	Another awesome thread, DdC. Keep em coming. Bummer about the dog. The couple must have been heartbroken. I think those officers responsible should be charged with animal cruelty. The Rev __________________ Budforce - My Friend August 29, 1973- May 25, 2012

09-05-2003, 06:58 PM	#3 (permalink)
patriot Liar,Cheat,and Fraud Join Date: Apr 2001 Location: United States of Saudi Arabiaa Posts: 1,679 Thanks: 34 Thanked 154 Times in 103 Posts	Yeah, shoot one of their dogs and see what happens!!! Another innocent victim of the prohibition. Heil Dubya!!! __________________ A true patriot is always ready to stand up against his own government. We can't be using plants that come from the Lord for beneficial purposes. Now hurry up, or we'll be late for church. The bigger the lie, the more people will believe it.-Adolf Hitler Legalizing marijuana won't grow our economy-Barack Hussein Obama 2009

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