On Thanksgiving 2003 I was raided by the San Bernardino Sheriffs at the behest of my landlord and jailed for cultivation of cannabis. Arrested with me was Lanny Swerdlow of the Marijuana Anti-Prohibition Project in Palm Springs. Lanny was cited and released after about eight hours at about 4 in the morning from Joshua Tree, in the middle of nowhere in the high desert. He walked and hitched back to his vehicle and managed to come up with $10,000 cash to bail me out of jail. When I returned my home was trashed, my grow was destroyed, I had no medicine, my landlord gave me Three Days to get out, and I was flat broke. Additionally, the sheriffs had my computer which they kept for six months. This made it virtually impossible to defend myself. With Lanny's unwavering support I became the first person to have Felony Cultivation of Marijuana charges dismissed in San Bernardino County, California on April 1, 2004. Below are the records of what transpired presented in a timeline.

November 25th, 2003

When I realized I was getting busted, I sent out emails, called friends and began a thread about it in www.overgrow.com forums

• my landlady said she just called the police on me - overgrow.com 25 Nov 03 5:13 pm

Doctor's Recommendations

• 11 Nov 02
• 03 Jul 03
• 16 Dec 03

Personal Accounts

• Lanny's Statement - 1  2  3
• 1st encounter with sheriff - 1  2  3
• 2nd encounter with sheriff - 1  2  3  4

Official Documents

• Search Warrant - 1  2
• Probable Cause - 1  2
• Affidavit - Confidential Informant
• Affidavit - Expertise
• Search Warrant Receipt
• My Booking
• Lanny's Ticket
• My List of Missing Items
• Evidence Report
• Sheriff's Report - 1  2  3  4  5  6  7

December 1, 2003

After I returned home from jail Thanksgiving morning I took inventory and then left to stay with friends for 5 days, until December 1st. When I returned Bonita had put a 3-day notice on my door and was beating on my windows and screaming at me. She even unlocked my door and tried to force her way into my apartment.

• Eviction:  3-Day-Quit (invalid)
•  1 Dec 03, notes - 1
•  2 Dec 03, notes - 1
•  3 Dec 03, notes - 1  2  3

December 4, 2003

• Felony: Lab Analysis - 1  2
• KESQ Channel 3
  - Local medical marijuana patient evicted
•  5 Dec 03, notes - 1
•  6 Dec 03, notes - 1
•  7 Dec 03, notes - 1
•  8 Dec 03, notes - 1  2  3  4

December 10, 2003

• Eviction:  Inland Counties - letter
• 10 Dec 03, notes - 1

December 11, 2003

• DFEH:  Inland Fair Housing - letter
• 14 Dec 03, notes - 1
• 17 Dec 03, notes - 1
• 18 Dec 03, notes - 1  2  3  4  5
• 19 Dec 03, notes - 1
• 19 Dec 03, photos - 1
• 24 Dec 03, notes - 1
• 26 Dec 03, notes - 1
• 27 Dec 03, notes - 1

December 29, 2003

• the d - Medical marijuana raises questions
• Overgrow thread
  - they kicked my life to pieces
• 7 Jan 04, notes - 1

January 12, 2004

• Felony:  notice to appear (wrong date)
• 12 Jan 04, notes - 1
• 13 Jan 04, notes - 1

January 16, 2004

• DFEH:  form - 1  2  3
• DFEH:  cover letter - 1  2  3  4  5
• Felony:  notice to appear (correct date)

January 17, 2004

• Eviction:   Three Day Notice  proof of service
• Mother's Letter - 1  2

January 23, 2004

• Eviction:   complaint - 1  2  3  4  summons - 1  2
• 25 Jan 04, notes - 1

January 27, 2004

• Eviction:  answer - 1  2  proof of service

January 29, 2004

• Eviction:  Inland Counties - memo
• 31 Jan 04, notes - 1
•  2 Feb 04, notes - 1
•  5 Feb 04, notes - 1  2  3
•  7 Feb 04, notes - 1
• 10 Feb 04 - photos 1
• 10 Feb 04, notes - 1  2  3

February 13, 2004

• Eviction:  plaintiff brief - 1  2

February 17, 2004

• Eviction:  trial transcript - cover (1),  2,  3,  4,  reporter certificate,  minute order
• 17 Feb 04, notes - 1

February 18, 2004

• Felony:  preliminary hearing transcript - cover  index  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  reporter's certificate
“The brief also mentions that appellant asked the trial court to judicially notice documents from the earlier unlawful detainer case (CMB 11396) including the pleadings and the reporter's transcript¹. None of the documents has been made a part of the record on appeal.”
Appeal Decision - 04 Apr 05, page 2
• 20 Feb 04, notes - 1
• 20 Feb 04, photos - 1

February 22, 2004

• Eviction:  Notice To Pay Rent or Quit

March 9, 2004

• DFEH:  complaint - 1  2  3  envelope

March 10, 2004

• Eviction:   60-day notice,  proof of service

On March 10th I attempted to pay Bonita rent with a check for $385. She refused stating it wasn't enough, that the agreement was $485 for rent and utilities. At that point I asked her to put the agreement in writing, indicating that I would pay on that condition. She refused and gave me the check back. Within 5 minutes she had a 60-day notice posted.

Two days later I attempted to pay again, with a witness, with 2 checks; 1 for $385 for rent, and 1 for $100 for utilities. I also included a letter outlining the verbal agreement. At first she refused saying it wasn't enough. I asked her if she looked at the checks. She did, saw they totalled $485 and took them and the letter. I and my friend returned to my apartment.

A few minutes later she was at my door screaming. She tore up the checks and the letter....


• 11 Mar 04, letter
• 12 Mar 04, letter
• 12 Mar 04, letter
• 15 Mar 04, letter
• 20 Mar 04, notes

April 1, 2004

• Felony:  dismissal
• Felony:  press release
• overgrow thread - dismissed
• 8 Apr 04, notes

The day after the dismissal the electrical system on my car shorted out. So I spent a week homebound, unable to go anywhere. When I got home after having it fixed, and discovered my power had been turned off, I left for 5 days to stay with friends. I simply couldn't take it here anymore.

“... defendant was not cultivating marijuana only for medical use, as shown by his offer to plaintiff of brownies containing marijuana.” Intended Decision - 20 Jul 04, page 2
• 18 Apr 04, notes

April 22, 2004

• DFEH:  complaint - 1  2  3

Bonita taped the following on my window, next to my door; a letter entitled "Californians duped on Medical Marijuana Law" with a yellow stickem on it on which was written "This is only the beginning", and a 7-page printout from the National Institute of Drug Abuse.

• Eviction: letter - with stickem  without stickem  NIDA reprint - 1  2  3  4  5  6  7

• 22 Apr 04, notes - 22 Apr 04

April 23, 2004

• San Bernardino 'guidelines' - 1  2

May 6, 2004

• DFEH:  Mediation - 1  2
• DFEH:  HUD assigns an investigator - 1  2

May 7, 2004

• Felony:  Return of Property, Motion - 1  2  3  4  5  6  7

I was told this motion accidentally got into the judge's basket prematurely, and he signed it and the order in error. It was vacated May 18th and the same motion was heard and granted on May 26th, and the order signed on May 27th.


• 8 May 04, notes - 1

May 11, 2004

• Felony:  Order for Return of Property - 1  2  3  4
• Felony:  Claim against San Bernardino County - 1  2  Return Receipt

May 17, 2004

• Eviction:  Unlawful detainer #2, complaint - 1  2  3  4  5
• Eviction:  Unlawful detainer #2, summons - 1  2

About 3 pm Friday afternoon Mr. Sassnet left a message on my voicemail (which I received about 3:30) that the order for return of property was signed. Lanny sent out press releases (not one showed) and I went down to the courthouse Monday the 17th at 10 pm. The order and a copy were ready at the public defender's when I arrived.

When I took it over to the sheriff's station the said they needed a case number that he didn't have a clue what this was about. So I went back to the public defender's where they told me the case number was on the order. So I went back to the sheriff's who said that didn't help them that they needed the DR number. So I got the files out of my car and found the number they wanted. When he saw the number he immediately said he didn\'t have that, it was in San Bernardino. I had already announced at this point I felt like I was getting the run around.

If Lanny hadn't been at the courthouse talking to some people I would have left at that time. As it was, while we were trying to figure out what to do the deputy came out and gave me a phone number, telling me I had to call Dougan (the one who authorized the raid in the first place) to get my stuff back.

At first he said he didn't know anything about it, and he asked for the judges name and the date, which I gave him. Then he asked what was on it and I began to read each item.

Before I could finish he asked to call me back.

Lanny and I waited in the parking lot of the courthouse.

After about 15-30 minutes Dougan called back to tell me there was a hearing scheduled on the 26th May that Sassnet didn't know about and accused Sassnet of dropping the ball.

At first he tried to tell me some bull that he couldn't return evidence. And so when I tried to get a direct quote he denied it...just stating there was a hearing on the 26th and he couldn't give me anything back. Dougan also made a point of stating several times that he wasn't giving me the run around.

May 18, 2004

• San Bernardino Sun - Medical Pot User Files Claim
• Felony:  Return of Property - order vacated

May 21, 2004

• Eviction:  Unlawful Detainer Answer - 1  2
  Attachments - 1  2  3  4  5  6  7,  proof of service

May 24, 2004

• Felony:  Return of Property, Opposition - 1  2  3  4  5  6  7

May 25, 2004

• Felony:  Return of Property, Reply to Opposition - 1  2  3  4  5  6  7

May 27, 2004

• Felony:  Order for Return of Property - 1  2  3  4

June 3, 2004

• Return of Property

June 9, 2004

• Eviction:  2nd Unlawful Detainer trial transcript part 1 - 1  2  3  4  5  6  7  8  9  10  11  reporter's certificate

June 10, 2004

• DFEH:  Notice of termination of investigation - 1  2  3

July 7, 2004

• Eviction:  2nd Unlawful Detainer trial transcript part 2 - cover  witnesses  exhibits  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  clerk's certificate  reporter's certificate
• Eviction:  Defendant Post Trial Brief - 1  2  3  4  5  6  7  8  KESQ Channel 3 transcript - 1  2  3  4
• Eviction:  Plaintiff Post Trial Brief - 1  2  3  4  5  6  7  8

July 20, 2004

• Eviction:  Intended Decision - 1  2

December 1, 2004

• DFEH  Complaint Dismissed 1 

April 4, 2005

• Eviction:  Appeal Decision - 1  2  3  4  5  6  7

April 19, 2005

• Eviction:  Re-Hearing Request - 1  2  3  4  5  6  7  8  proof of service

April 28, 2005

• Eviction:  Order Denying Re-Hearing - 1  2

July 7, 2005

• Eviction:  Inland Counties Legal Services - letter

January 4, 2006

About July 20, 2004 Bonita's nephew chased me off the place as I was coming back from the store and I went to stay with the Victors, where I slept on the couch for 6 weeks before staying with another friend. I answered an ad on Craig's List for a roommate and found myself living with a Bonita Millard copycat with the result that I am now homeless and have lost everything...and am out of medicine.

The past month is the first time in over two years (and it may be the last) that I have been able to sit at a computer in peace and quiet and actually go over the documents, or do anything else. Much of my website hasn't been touched in two years. I slept under bushes and on church floors for 9 months to have the wherewithal to purchase a laptop and stay in a motel for a few weeks to organize some of the documents and present them in searchable format on my website. It will be a miracle if the laptop survives the rain.

February 23, 2006

  Click to hear an interview recorded 23 Feb 06 in Santa Cruz

February 23, 2009

I became housed in March of 2008, 3 years to the day after I became utterly and completely homeless in March of 2005. It is now 5 years since San Bernardino County beat me up and threw me out in the street for attempting to provide for my own medical needs. Sadly, Santa Cruz hasn't been any kinder. In fact, it appears to me they finished the job for San Bernardino. I won't live long enough to recover from what they've done to me.

One of my goals when I began this was to transcribe all the documents so everything would be in searchable format. About a third of the documents have yet to be transcribed. I've spent the past couple of weeks putting the information in a database and giving my website a much needed facelift.