cannabisnews.com: Fremont Man Claims Right To Grow Pot










  Fremont Man Claims Right To Grow Pot

Posted by CN Staff on September 05, 2003 at 09:31:45 PT
By Robert Airoldi, Staff Writer 
Source: Tri-Valley Herald  

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.Source: Tri-Valley Herald (CA)Author: Robert Airoldi, Staff WriterPublished: Friday, September 05, 2003Copyright: 2003 MediaNews Group, Inc.Website: http://www.trivalleyherald.com/Contact: apacciorini angnewspapers.comOCBChttp://www.rxcbc.org/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml

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Comment #29 posted by FoM on September 06, 2003 at 11:23:07 PT
EJ Good Idea!
In the song 'Sun Green' on The Greendale CD they did this part. They even have the gun shot in the song. It makes you cringe when it happens.Now when she goes dancin'She has to watch her backThe FBI just trashed her roomOne of them kicked her catDamn thing scratched his legSo he had to shoot it deadAnd leave it lyin' in a puddle of bloodAt the foot of Sun Green's bed
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Comment #28 posted by E_Johnson on September 06, 2003 at 11:15:10 PT
Hey what about an advertising campaign?
Picture a full page ad sayingWhose dog should we shoot next?With text explaining marijuana enforcement practices and comparing them with how we handle alcohol.That might make an interesting campign ad for Bruce Margolin.
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Comment #27 posted by Rainbow on September 06, 2003 at 07:31:11 PT
Dog Bones
My FedEx and other delivery folks have found that dog bones work a lot better than mace or bullets.They become friends too. It is too bad that police are such horrible people.But here we go with another attempt to ruin a guys professional life as well.Tom
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Comment #26 posted by The GCW on September 06, 2003 at 05:51:48 PT
Jonathan Adler
To Jonathan Adler, Your testimony is valuable, thank You. It helps Me understand why police are scum. Good cops? Was there good Nazi’s? Was there good Pharisees? Again, cops don’t get it, because they are Biblically unable to have access to the spirit of truth! They CAN NOT get it. That is however what society has done to them the cops. We should not be forcing cops to uphold mans uncivilized laws, which are contrary to Biblical demands. You as a Reverend, must know this better than Me and pass the word.While lying, murderous, thieving, uncompassionate Feds. insist cannabis is bad, the spirit of truth says cannabis is a superplant. Who are You going to believe?
I have written more about this and posted more about this at: http://www.drugpolicycentral.com/phpBB/viewtopic.php?t=441&start=105&sid=eb4f36da200a077e40e4b6efd401bb27 which used to be the Christians For Cannabis forum, now at drugpolicycentral.com. (This site does not get enough viewing...) Is cannabis prohibition one of the UNPARDONABLE SINS?http://www.drugpolicycentral.com/phpBB/viewforum.php?forum=16&0Jonathan, please consider commenting here. The Biblical / spiritual realities are going to bust the cops and the Feds. As more and more citizens realize spiritual realities are real, and realize cannabis makes Us that much more peaceful, We will also realize, We already have what it takes to receive the promised new teacher, the additional helper, the spirit of truth. THE SPIRIT OF TRUTH IS A COMMUNICATION SYSTEM WHERE CHRIST GOD OUR FATHER PUTS HIS MIND IN OUR MIND. AND CHRIST GOD OUR FATHER IS UNHAPPY WITH SCUM CAGING HIS OBEDIENT CHILDREN FOR USING WHAT HE CREATED AND SAID WAS VERY GOOD. WHEN CHRIST GOD OUR FATHER HELPS US KNOW IT IS NOT ONLY GOOD, BUT THAT HE IS ON OUR SIDE, WE WILL EXPAND OUR PEACEFUL TROOPS AND WILL VERBALLY CONFRONT THE IGNOIDS MORE AND MORE. WE WILL EXPOSE THEM AS DISOBEDIENT IGNOIDS WITH WORLDWIDE SHAME.Christ God Our Father is unhappy with cops et al. Christ God Our Father is very pleased with cannabis activism. Let’s take it further because Christ God Our Father is willing to do more than just be on Our side. He is willing to put the words in Our mouths and on Our mind to help cripple the disobedient.He is willing to coach Our fight.Take it to the Lord. We gotta take Our anger to the Lord.I testify the spirit of truth is real and will help bring pleasure to Christ God Our Father. Coming to Him brings Him pleasure, and ending the practice of confronting humans for using a plant, brings pleasure to Him. It is part of His will. The Green Collar Workers
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Comment #25 posted by billos on September 06, 2003 at 05:50:58 PT:
doggie
I am 52 and have never been arrested. I'm back in school with a GPA of 3.80 and struggle in a job I hate till school is done next May. I smoke cannabis. If the law ever came into my house and killed my dog, I would lose it to the point where they may have to kill me too before I could grab my shotgun. It would be instant insanity. How sad to have to even think about such a scenerio.
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Comment #24 posted by Jose Melendez on September 06, 2003 at 04:12:13 PT
shoot them, BUT:
In the long term, video tape is more effective than bullets. Here's the math IMHO: The pen is mightier than the sword, and a picture is worth a thousand words. Video is 60 pictures per second (25 in the UK, but they have more resolution. Hmmm...)Anyway, by this reasoning, a 30 second clip on CNN has the effect of 1,800 words, to the whole world, several times a day, perhaps for weeks, maybe years. Violence is much more work, and far less effective. 
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Comment #23 posted by BGreen on September 06, 2003 at 00:16:31 PT
I've said this before, Rev Jonathan Adler
I'm so sorry about what's happened to you. It's not right at all.The Rev. Bud Green
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Comment #22 posted by Rev Jonathan Adler on September 05, 2003 at 23:09:32 PT:
DeJa Vu; It happened to me in 1999!
The whole scenario seems like yesterday. 12/23/99
a day that lives on in infamy! The HPD Vice sprang a trap on a legitimate, sincere and sincerely mandated religious use of cannabis. Also a medical patient with prescriptions from two states. I was arrested along with my wife and brother by TEN armed police vice agents in 4 trucks that invaded my property to steal 55 little sprouts and clones 6" in height.
They cuffed us and then beat my female pitbull to death while on her chain! They left her with a completely fractured spine and a crushed pelvis to die. You want to talk about cruel. I was smart enough to not resist or I too may have been shot! It was scary to see Police who knew me personally, ransack my home and terrorize my family. I eventually had to plead guilty to distribution and did 6 months instead of 90 years, like they threatened me with if I did not plead guilty. I believed an undercover cop who lied about being in pain and needing healing. That's ok for them to lie, but we who believe them are subject to jail.
I suggest our system is sick and those running it are sicker. Remember, Laws serve law enforcement, not us.
Lies, cheats, thieves and home invaders........Police?
Hawaii Medical Marijuana Institute
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Comment #21 posted by Patrick on September 05, 2003 at 21:19:45 PT
Alrighty then
If the cops can defend themselves than so can we citizens in the PRIVACY of our own homes. Personally, if I heard loud banging and what sounded like someone kicking my front door down my nature is to chamber a round in the shotgun and take cover on the opposite side of the bed and damn the first thing that moves besides my dog. Did it take a SWAT team to arrest the Worldcom and Enron execs? HELL NO. Why does it take one to bust gardeners. I cough bullshit.
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Comment #20 posted by The GCW on September 05, 2003 at 20:03:17 PT
Give the police a bone.
It is murder to kill a police dog. Is that because all the police are dogs?What if citizens around the country throw a dog bone on the ground when they walk by. Is that legal? Can people throw them a bone? Police don't get it. Ever wonder why? Because police have seperated themselves from the spirit of truth. They support man's uncivilized laws over Christ God's laws. Jesus told Us the spirit of truth will teach Us all things, but it is only available to those who obey Him, and to obey Him is to love YOur brother. You can not love YOur brother and cage Him for using what God created for Us and said was good.http://bible.gospelcom.net/bible?passage=JOHN+14&language=english&version=NASB&showfn=on&showxref=onhttp://bible.gospelcom.net/bible?passage=JOHN%2B15&showfn=on&showxref=on&language=english&version=NASB&x=17&y=8http://bible.gospelcom.net/bible?passage=JOHN+16&language=english&version=NASB&showfn=on&showxref=on
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Comment #19 posted by Jose Melendez on September 05, 2003 at 18:57:02 PT
"Drug war is job security." 
http://www.mapinc.org/drugnews/v03/n1332/a10.html?397
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Comment #18 posted by mayan on September 05, 2003 at 18:19:07 PT
INSANE!!!
This is terribly sad. This is the war on cannabis in a nutshell...TOTALLY INSANE!!! All of this over a plant? As unfortunate as this incident is, it will enlighten people and mobilize them to act. The way out is the way in...9/11 conspiracy claims find large readership:
http://www.faz.com/IN/INtemplates/efaz/docmain.asp?doc=%7bF5FD4EA0-C11F-43BA-9A82-ADB109607908%7d&rub=%7bB1311FCC-FBFB-11D2-B228-00105A9CAF88%7d#More videos surface casting doubt on official story of 9/11:
http://www.global-elite.org/modules.php?op=modload&name=News&file=article&sid=124&mode=thread&order=0&thold=0A request from Ed Griffin:
http://www.freedom-force.org/continued1.htmWhite House Approved Departure of Saudis After Sept. 11, Ex-Aide Says:  
http://www.truthout.org/docs_03/090503A.shtmlMany questions loom about 9/11, 2001(LTE)
http://www.tmnews.com/main.asp?SectionID=16&SubSectionID=44&ArticleID=4270
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Comment #17 posted by cloud7 on September 05, 2003 at 17:42:38 PT
...
Im just reading this again. How terrible...can you imagine seeing your dog being shot - yelping and howling and in horrific pain, running around your house knocking things over only to come back to the source of the injury and watch and hear him being shot to death?I have little doubt that as part of their training they are told to eliminate any dogs as quickly as possible, not so much to eliminate the threat that they MIGHT be attacked by a protective dog, but to cull the owners into complacency. This is sick. 
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Comment #16 posted by john wayne on September 05, 2003 at 17:06:43 PT
nine times
That's the kind of detail that sticks in your mind. In this age of real religious terrorists running around (and yes, I do include the abortion-doc-killing nutjob in Fla.) these police terrorists SWAT'd a peaceful family and pumped nine adrenaline-soaked rounds into a DOG. Like that's a revolver and a half. Questions: did all nine rounds come off one guy with the trigger stuck? Or was it a more "democratic" shooting originating with several of our finest?We'll never know.
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Comment #15 posted by Virgil on September 05, 2003 at 16:12:07 PT
If I were writing a short story
I can see the day that one of the two million prisoners gets out with a case of AIDS and gets his medical cannabis going only to lure the police in with active and visible sales. When the police come in he pulls a string that releases about 1000 gallons in a soon to be blaze of revenge.I guess BGreen might call it a pig roasting.
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Comment #14 posted by BGreen on September 05, 2003 at 15:56:29 PT
Please Forgive My Anger
Why in the F*** do these evil police bastards think they have to kick in the door of a suspected cannabis garden? Their excuse has always been that they want to prevent evidence from being destroyed.Now, I know the two-legged pigs have a lower intelligence than their four-legged namesakes, but even the dullest crayon in the box could figure out that it would take a while to flush 79 plants down the toilet. I'd imagine they'd have ample time to wait for someone to answer the door.Shooting a police dog is murder. Shooting a civilian dog is "good police work."Hell is going to one hell of a crowded place that smells like cooked bacon.Repent now, you disciples of satan called "police."The Rev. Bud Green
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Comment #13 posted by FoM on September 05, 2003 at 13:20:49 PT
BigDawg
I thought my dog was big but 200 pounds is really big. My Rott weighs about 130 pounds but he has more maturing to do. Dogs love their families and want to protect them if they are being hurt. That's why I have always been partial to dogs. They are loyal. I was looking at my dog just sleeping and looking content and he makes me feel safe. People can't even have a dog for protection if the police think they have rights to a person's home.
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Comment #12 posted by BigDawg on September 05, 2003 at 13:01:29 PT
I have a dog...
... and he weighs almost 200 lbs. Loves EVERYBODY... especially kids. But if somebody were to bust down my door yelling and making aggressive motions, he would no doubt become alarmed. That is what ANY dog would do. I guess it was just too bothersome to ask that the dog be restrained for their protection. Besides, it's an excuse to kill something.Guess it's time to get mine a kevlar sweater.
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Comment #11 posted by cloud7 on September 05, 2003 at 12:11:11 PT
disgusting
Everytime I read about a raid where they shoot the family dog I am furious. This is not some rare event. What the F*** do they expect a loyal dog to do when they bust a door to splinters with a battering ram and come in yelling? If my dog was following her natural instinct and protecting me in some sort of pseudo military guerilla raid and they SHOT her, I would be LIVID with anger! If the f****** SWAT-Narcotics teams wanted to be safe, they shouldnt be destroying peoples private lives and property because someone was growing PLANTS!"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. Ok, ok, now that Ive thought about it some more this makes sense...I think they just need to start shooting the homeowners also. It's pretty likely that there are some who will react violently to being arrested and we should just nip the problem in the bud...really, the officers shouldnt have to question whether they are actually in mortal danger or not - just let them rely on how they 'feel' about the situation...If they feel any worry that the person may affect their safety -- maybe they were yelling and coming towards the officers, BOOM, just "defend" themselves."The dog was barking at the officers but did not move, said Sheen, 26."Sheen was the secretary, not even the dog's owner. This makes the threat to the officers even less credible. Would it have been too much to ask the owner or the secretary to.. oh, I dont know - hold the dog or get his leash. GRRRRRRRRRRRRRRRRRR!!
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Comment #10 posted by ekim on September 05, 2003 at 12:07:10 PT
E sounds like yours might be helped by volcano
iam s0 dry iam a fire hazard. been that way for 16yrs.id say herb has been a life saver.
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Comment #9 posted by FoM on September 05, 2003 at 11:42:01 PT
More Information On Above Article
http://www.theargusonline.com/Stories/0,1413,83~1971~1613441,00.html
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Comment #8 posted by E_Johnson on September 05, 2003 at 11:39:02 PT
Here's my letter
Dear editors,My sister is an alcohol addict. She's been one all her adult life. Can I use that as an excuse to send a pack of heavily armed men over to the local bar that serves her and shoot their dog nine times? I think not. I wonder why we allow armed men to shoot the dogs of marijuana suppliers when we don't allow them to do them same to alcohol suppliers. This world just makes no sense.
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Comment #7 posted by Jose Melendez on September 05, 2003 at 11:11:51 PT
video
Security video would have made the difference in this case. Imagine the public outcry...
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Comment #6 posted by FoM on September 05, 2003 at 10:41:54 PT

medicinal toker 
My dog by the way named Kaptin is loyal and would protect us if the need would be. He is part of our family and has his own special personality and I can imagine how upset they are at having their dog killed. The raid was wrong but the violence is inexcusable. If they can bring down an elephant from a helicopter with a tranquilizer gun why can't they use something like that? I know why because they might lose time and the poor medical patients might get away. It's so wrong.
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Comment #5 posted by medicinal toker on September 05, 2003 at 10:30:44 PT

This is Immoral!
I agree FoM. This is sickening. Busting in to a patient's home and shooting their beloved pet, in a state that legalized mmj 7 years ago!I hope the cops get sued and the people of Fremont rebel by demanding accountability for this barbarism from the police. The police who did this should be in jail, without bond!
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Comment #4 posted by kaptinemo on September 05, 2003 at 10:12:35 PT:

It was bound to happen
Ever since the Rosenthal trial, many LEO's have been very, very careful in how they handle cannabis cases, because of the extraordinary events surrounding the conduct of the trial and the aftermath. Thanks to what happened out there, and what many activists and allied groups have done with regards to things like jury nullification becoming common knowledge, this was bound to happen sooner or later. Now, they have just stepped into the minefield that Rosenthal has made, public-relations-wise.How can they prove intent to sell? If there are no histories of sales, no baby-faced narks posing as kids who can prove they sold anything, then it becomes yet another bad, poorly thought out PR move by the police.(In only one very sad respect, it's lucky that only the dog was killed; far too many people are dead as a result of adrenaline tripping cops bashing down the wrong door and shooting innocent family members.) All this...over cannabis. Nothing but a freakin' WEED that just makes some folks giggly. When will they ever learn?
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Comment #3 posted by FoM on September 05, 2003 at 10:05:06 PT

Duzt
I am upset because I know how much I love my dog. The whole situation is bad but the dog being killed got to me.
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Comment #2 posted by Duzt on September 05, 2003 at 09:53:57 PT

Me too FoM
Talk about a police state. Did this guy have a violent past? Why is it necessary to break down doors like that. If that happens in my house I know what will happen, I have a right to defend my property against anybody, including the police. We have given WAY too much power to the police. I have never had to call the police for anything in my life and I never would, I can defend my own property. Why can't they just wait until the person is away from the house and confront them with the warrant? The police need to be put back in their place when this happens. There are good cops out there that don't do this crap and hate it as much as we do, they need to be the ones to demand change as well.
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Comment #1 posted by FoM on September 05, 2003 at 09:41:01 PT

This Really Upsets Me
I don't know what to say.
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