DEFENSE LAWYER SAYS POT FARM HAD BENEFICIAL PURPOSE

Prosecutors Say It's About 'Greed And Weed'

TAMPA - A man accused of leading a ring of people who grew marijuana
inside homes was entrapped by government snitches, his attorney told
jurors in U.S. District Court on Monday.

Herbert Ferrell Jr. is a legitimate businessman whose company, Dermal
Screening Center, was "his pride and joy," said defense attorney
Joseph Bodiford in his opening statement for Ferrell's trial. The
company performs screens to detect skin cancer in its early stages,
Bodiford said.

"His dream was to save lives," said Bodiford, who added that the
dream was motivated by Ferrell's own experience with skin cancer.

Assistant U.S. Attorney Anthony Porcelli had a different view of
Ferrell's motives.

"Greed and weed," the prosecutor said. "That is the story of this case."

Porcelli said Ferrell wanted to get money from growing marijuana to
put into his company.

Ten of Ferrell's co-defendants have pleaded guilty and agreed to
cooperate with the government. Porcelli told jurors several of them
will testify in the trial, which is expected to last into next week.

Authorities have said the ring established indoor marijuana farms in
residential neighborhoods across the Tampa Bay area, harvesting
millions of dollars in profit. The ring employed a plumber, an
electrician and a carpenter who outfitted houses to grow marijuana
and steal electricity, according to court documents.

Porcelli told jurors that members of the ring chose houses in good
neighborhoods because they thought no one would suspect marijuana
would be grown there. They wanted houses with high ceilings to
increase the yield and enough rooms to support the plumbing and
electrical systems needed to grow the crops.

One of the houses, Porcelli told jurors, was operated on Crooked Lane
in Lutz by an informant for the Drug Enforcement Administration who
will testify what life was like inside an indoor marijuana farm.

Bodiford described the informant, Harvey "Duke" Faglier, as "a beast"
and a "monster."

"He's a giant of a man, covered in tattoos," the defense attorney
said. Ferrell said he had heard stories for years about Faglier being
an "enforcer" for another cooperating witness, Dan Delpiano.

Bodiford said Ferrell heard stories about Faglier knifing and killing
people all over the world.

Bodiford said it was Faglier who coerced Ferrell into discussing
marijuana farms during secretly recorded conversations.

The prosecution says Ferrell contacted Delpiano about becoming an
investor and operating a grow house. The initial idea was to operate
the house in Georgia, but that was changed to Tampa, Porcelli said.
Delpiano introduced Faglier into the operation, suggesting he live in
and operate a grow house for Ferrell.

Porcelli told jurors there are hours of recorded conversations in
which Ferrell is heard discussing the marijuana growing operation.

On Monday, jurors heard a conversation Delpiano and Ferrell had on
Dec. 3, 2004, at an airport in Georgia where Ferrell had flown his
private plane for a meeting.

During the portion of the conversation played for jurors Monday, the
word "marijuana" is not uttered, but Ferrell talks at length about
growing a crop inside a house and wiring electricity so as not to
alert authorities.

He talks about the necessity of closely monitoring crops because they
can be wiped out by insects or fungus. "We just lost a massive crop," he says.

Bodiford said Delpiano had approached the government and offered
information about Ferrell because Delpiano had been charged with
fraud. The defense attorney said Delpiano "makes his living as a snitch."

The DEA gave Faglier "unbridled rein to do whatever he wanted to do
to set" up the Crooked Lane house.

"Every person in this case has something to gain, some selfish
personal reason" to testify, Bodiford said.