BIG Pot Grow Op Busted in Livermore, CA

Pinch

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A high-tech marijuana growing operation discovered by Livermore police in October has been hailed as one of the largest indoor pot busts ever in Alameda County, and has led to federal charges against three East Bay men.

Michael Payne, 40, of San Ramon, and James Chiaverini,36, of San Leandro have been charged with manufacturing marijuana. Payne, Chiaverini and Jayson Westfall, 32, of Discovery Bay, face charges of conspiracy; Payne and Westfall are charged with maintaining a place for marijuana manufacturing. Westfall has also faces charges of making illegal currency transactions involving financial institutions.

Payne, Chiaverini and 29 other people --including Payne's wife and parents-- were arrested on Oct. 29 at a warehouse in the 4700 block of Bennett Drive. A caller had tipped off police of suspicious activity there, Livermore Police Chief Steve Krull said.

The Paynes, Chiaverini and three other people were booked at Santa Rita Jail for marijuana cultivation, parole violations and warrant arrests. The remaining 25 suspects were released pending further investigation.

Westfall was arrested in November after investigations connected him to the Livermore operation.

At the eastern Livermore commercial space, police officers seized almost 1,400 plants and an undisclosed amount of harvested marijuana.

Police say some of the pot was being distributed to medical marijuana dispensaries. But Drug Enforcement Agency assistant special agent in charge Larry Mendosa said it doesn't matter why the marijuana was being produced.

The operation was a clear violation of federal law, said Mendosa, adding that such enforcement is necessary, even if it is not popular. "The federal government does not recognize state law."

William Panzer, the attorney representing Chiaverini, said his understanding is that all the plants seized at the Bennett Drive warehouse were for medical marijuana use. He also said the $10 million value police placed on the confiscated marijuana is "grossly overestimated," and figured its true street value is less than $1 million.

Panzer said everyone involved cooperated with police -- "Everybody told them everything."

Livermore police called the DEA for help because its own department's resources were being tapped out on the investigation.

On Oct. 30, the day after the Livermore raid, police found a second warehouse, in Hayward, where 300 pot plants were growing. That day, police found another Hayward warehouse, believed connected to the Livermore operation, with no marijuana but capable of supporting 220 plants. Two other Hayward spots searched that day yielded no plants, but another 886 growing pot plants were found Nov. 2 at the sixth and seventh Hayward locations.

Also seized during the raids were a Corvette, several trucks, a high-end pleasure boat, two motorcycles, an RV and a scissor-lift vehicle and cash, which together police believe are worth almost $1 million. In all, 10 search warrants were served, Krull said.

While investigators say the suspected ringleaders distributed to medical marijuana facilities, the size of the operation, its secrecy and the amount of money being made have federal and local authorities convinced the growing operation was more than a not-for-profit venture.

"They were lining their pockets" with drug proceeds, Mendosa said.

Panzer said he could not comment on the source of the cash found.

The majority of the people arrested Oct. 29 were paid employees brought in from the street to tend to the product, Krull said. The "employees" were often approached on the street by people with the operation and put into vans with blacked-out windows, so the recruits did not know where the growing location was.

Panzer said the secrecy was necessary for security issues. They did not want people working for them to turn around and rob them of the drugs or the money.

Panzer said his client would have been willing to plead to charges filed by the state, which considers medical marijuana an entirely separate matter from street sales. Someone growing and selling marijuana to AIDS or cancer patients is "entirely a different situation than someone selling to high school kids," Panzer said.

But while the federal government does not formally recognize California state law governing medical marijuana, state law is sometimes a factor in how federal charges are handled.




Source: Contra Costa Times
Copyright: © 2005 ContraCostaTimes.com and wire service sources.
Contact: Sophia Kazmi @ skazmi@cctimes.com
Website: https://www.contracostatimes.com
 
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