Judge upholds police work in rights suit over pot bust.

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Judge upholds police work in rights suit over pot bust

By Patty Lawrence-Perry CORRESPONDENT



HOLLAND— Police Chief Kevin Gleason has been vindicated by a federal judge in connection with a 2006 civil rights case filed by an outspoken proponent of the legalization of marijuana.

U.S. District Court Judge Michael A. Ponsor in Springfield has dismissed the case filed by David G. Bunn, who alleged his civil rights were violated in a search of his home at 90 Maybrook Road on March 27, 2003.

In his Nov. 19 ruling, Judge Ponsor wrote, “Gleason was merely engaging in routine and competent police work in following up on rumors, eventually borne out, that Plantiffs had marijuana at this home.”
Further, the judge noted about Chief Gleason, “His conduct during the course of the search never rose to a level of excessive force.”

The lawsuit stems from a search by Holland police and members of the Eastern Hampden County Narcotic Task Force. Police had a search warrant and had information that Mr. Bunn was selling marijuana from the house. Police also had copies of newspaper articles in which Mr. Bunn was interviewed as an activist in favor of legalizing marijuana. Police had said they also had evidence from a confidential informant who witnessed the sale of marijuana at Mr. Bunn’s property.

In the complaint filed by Mr. Bunn, he said he was in the hospital at the time of the search. The complaint alleged improper conduct by police during the search with residents, including children in the house.

As a result of the search, Christena Dodge and Judith Bunn, Mr. Bunn’s wife, were charged with possession of marijuana. The charges were later dismissed. Mr. Bunn was not charged.

Holland selectmen this week said they were pleased the town and its police officers were exonerated.

Chief Gleason yesterday said, “I just think it is a shame that the town and the Police Department have to defend ourselves on a frivolous lawsuit like that. I also think that when people bring lawsuits, they should be held accountable, but that is not the way it works.”

The Bunns could not be located for comment. Selectmen said they have moved out of town. A message left at the office of Mr. Bunn’s lawyer was not returned yesterday.

http://www.telegram.com/article/2008...FROM=MAIN_PAGE

Hers the other side of the story:

: I am fighting a great injustice and now need help, here are the facts of the case in a nutshell, I hosted the Boston Masscann/norml Freedom Rally September 2002, and in Jan 2003 High Times I was featured as Freedom Fighter Of The Month. A dangerous felon was arrested on my property on Oct 30, 2002, I was at an Alice Cooper concert at the time, and had only allowed this person on my property to get wood to warm his house for his family. I had nothing to do with him after the date he was taken off my property. He was arrested on numerous gun and drug charges, and I never let him back at my family home. He was in jail at the time of the "marijuana buys" police claimed were made at my family home. This is the person I believe is the so called "C.I.#62" Michael Zelonis is his name and his arrest is a matter of public record. I have done numerous demonstrations for the legalization of marijuana and have done so since 1969. Some local demonstrations were front page in my area. I wrote a letter to the Editor about the Ed Rosenthal case that was published on Feb 2 , 2003, where I stated that I was a medical marijuana patient. My family home was raided on March 27, 2003, while I was in patient in the hospital. The warrant for the raid was based on an affidavit written by Agent Scott E. Haley. This affidavit noted my pro marijuana politics and had newspaper clippings of demonstrations I promoted. Also a letter to the editor I wrote was requested from the Telegram & Gazette that was published on Feb 22,2003, headlined " Legalize marijuana for medical uses." This letter was not in the affidavit, but Chief Kevin P. Gleason mentioned it in his press releases after the raid on my family home. The only other substance to this affidavit is three "documented" marijuana buys by a C.I. #62, that the police claim were done with photocopied money. The police (Haley & Gleason) claim in the affidavit, and in their depositions, taken in 2008, that they sat at the bottom of my driveway three times and sent this person into my family home to buy marijuana with this money. This would mean three bags of marijuana would be logged in as evidence. There would be a paper trail and evidence. The police could not produce this marijuana. No arrests were made on this raid until a summons was issued on 11/09/2004 by clerk-magistrate Benjamin C. Barnes for my wife and daughter to be arrested for simple possession. I (David Bunn/Captain Joint) was never charged with the marijuana sales. If any of this "good police work" was real, I would have been arrested and charged. I was not. The police could not produce any evidence of marijuana sales or their C.I. #62 during the discovery portion of the case, but did try to use some photocopied money as evidence. The court refused to accept this "evidence" because there was no paper trail attached to it, just photocopied money. I believe the police (Haley or Gleason or both) did try to produce false evidence. This is a crime! All charges against my family were dismissed. I believe the reason the police can't produce the C.I. #62 is because that C.I. number was atached to a person that was in jail at the time of the claimed "marijuana buys" at my family home. The police will not release the C.I.'s name, but maybe the F.B.I. could get it? The fact their C.I. was in jail (when proven) will prove the photocopied money was false evidence, because the claimed "marijuana buys" never took place. If there was any "good police work" here, I don't see it. In Haley's deposition he claims the C.I. #62 kept him informed of my medical condition, that I had tubes and stuff sticking out of my arms. This is not true. I was in my family home and that ill after the raid, not before. Agent Haley is lying under oath (again) and that is perjury. Gleason has also comitted perjury here by saying he was at my home to witness these "buys" and his deposition on these "buys" differ from Agent Scott E. Haley. They can't seem to remember who was at what "buy" ?. A lower court Judge, Michael A. Ponsor, has dismissed my family's case against the police that lied to set us up, raided and wrecked our home and put guns to our childrens faces in a reckless fashion, and even put a gun to a dogs head standing next to a two year old child. He claims our case has no merit. I need to ppeal this decision to the next judicial level. I have a lawyer telling me it does have a chance, but that I need $15,000.00 dollars to file the appeal. I am looking for help, finantial or lawyers that will take this pro bono... Interested partis can contact me and I will send out by e mail the depositions on the case for review. Thank you, David Bunn,a/k/aCaptain Joint 2341captainjoint (@) yahoo.com

Sorry no link this was from a personal comunication.