CALAVERAS COUNTY CHURCH FILES FOR DAMAGES

Marijuana Raid Prompts Claim

SAN ANDREAS -- Members of a Wallace church who say they lost their
medicine, their emotional stability -- and in one case, a life -- during a
Calaveras County Sheriff's Department raid of its pot plants last year have
filed damage claims against the county.

The Calaveras County Board of Supervisors on Tuesday rejected the 33 claims
made by the Northern Lights Church and a number of individuals connected
with it.

Sheriff's deputies raided the church in August and found 290 marijuana
plants growing on three different areas of the Southworth Road property.

Agents also seized weapons, smoking pipes, growing equipment, church
documents and doctors' recommendations for medicinal-marijuana use.

The Calaveras County District Attorney's Office eventually charged two
ministers of the Universal Life-affiliated church with illegal cultivation.
They await trial in April.

Ricky Dewayne Garner, 43, and Sue Melinda Garner, 40, said they were
serving as caregivers for dozens of people who had a legal right to use
marijuana, and therefore they had a right to grow it for them.

The Garners also were charged with contributing to the delinquency of a
minor -- their 15-year-old son -- but a judge ruled there was not enough
evidence to try them for that.

The younger Garner claims the raid, and a return visit by deputies to
collect hair samples from him, traumatized him to the point where he now
sleeps in his parents' room.

The claim states that the raid has left the younger Garner with eating and
sleeping problems as well as nervous tics and twitches.

The board's rejection of the claims Tuesday will enable the church and its
supporters to file a civil lawsuit against the county. Spencer Batchelder,
county counsel, said the group would have six months to file such a suit.

David Jack, a minister with the Northern Lights Church, said the group is
working with a Santa Cruz attorney to move forward with a lawsuit. Jack
would not comment on the matter other than to say, "We're looking at civil
rights violations."

According to one claim signed by Jack, the raid left him feeling
"spiritually and morally raped." He characterized the "destruction" of
church property that occurred during the raid as "shocking."

A claim signed by Jack and the Garners states the Sheriff's Department
violated the state's Compassionate Use Act of 1996, which legalized the use
of marijuana for people suffering from certain medical conditions. They
must have a doctor's recommendation or approval to fall under the
Proposition 215 umbrella.

According to that claim, the Sheriff's Department conducted an improper
investigation that led to what the claimants call a wrongful search and
seizure.

Batchelder said he could not comment on any of the 33 claims. Sheriff
Dennis Downum said he had not seen the claims and declined to comment.

Sue Garner, in one of the claims, said she was deeply depressed and has had
problems sleeping "due to the fear of being raided again and not being able
to protect my 15-year-old son, who has been traumatized beyond belief."

Nathan Dittle, in another of the claims, said the raid resulted in the loss
of his mother's medicine, which triggered a deep depression that led to
Mary Kate Sinnott's suicide last November.

Others who filed claims said the raid -- and the loss of their medicine --
led to physical and emotional suffering, loss of jobs and the fear that
they would lose jobs because their medical records were confiscated in the
search.

Leslee J. Jack, David Jack's wife, said the raid violated her civil rights
because it constituted an attack on her church and her religious beliefs.

One claim, filed on behalf of the church, states that deputies confiscated
ministry documents, credentials, private and confidential records and
church signs.

It also accused Downum of making "slanderous and deceptive remarks."

"The damage to our congregation is staggering," the claim states.