CHOCTAW WOMEN FILE SUIT AFTER MISTAKEN DRUG RAID ON THEIR HOME

Kathleen Huffman and Teresa Sweeden came home from work one night in late
July to discover that someone else had been in their house in rural Choctaw.

"The drawers had all been opened," Huffman said.

"Doors that normally would have been shut were open. All the hall closets
were still open."

They inspected the area outside and noticed that part of a wire fence
around the back yard was bent, as if someone had climbed over it.

The women thought their house had been burglarized, but were confused
because nothing was missing.

"We were scratching our heads," Huffman said.

"We were, like, 'Obviously, somebody's been here, but nothing's stolen.' We
didn't understand what happened."

A neighbor then told the women about a bizarre scene earlier that day. A
group of law enforcement agents and police officers, the neighbor told
them, had descended on the house shortly after 10 a.m.

Huffman couldn't believe what she was hearing. She phoned the sheriff's
office, but was told that no outstanding warrant had been issued for a
search of the house.

As it turned out, their house had been targeted as part of a marijuana
eradication program, "Operation Red Rain,," spearheaded by the state Bureau
of Narcotics and Dangerous Drugs.

OBNDD spokesman Mark Woodward confirmed that a drug agent in a helicopter
July 30 mistakenly identified plants in the women's yard as pot.

"This was just one of several targets they investigated that morning,"he said.

"In this instance, it would appear they simply made a mistake. We have
rarely ever made aerial mistakes when it comes to identifying marijuana.
This is a highly unusual case."

But that hardly placates Huffman and Sweeden. They have filed a claim
against the agencies involved in the sweep -- OBNDD, the U.S. Drug
Enforcement Agency, the Norman Police Department and state Department of
Public Safety. The women's attorney declined to reveal the monetary figure
they are seeking in compensatory and punitive damages.

What the OBNDD agent initially thought was marijuana proved to be a plant
called Vitex, which Huffman had bought nearly a decade ago from the state
Forestry Commission.

OBNDD general counsel Scott Rowland said law enforcement agents entered the
Choctaw house, but he said they departed as soon as they realized the
plants were legal.

Moreover, he said agents had "probable cause" to go inside. Rowland said
the officers believed people were home because two cars were parked in the
driveway, the front door was ajar and a television and fan were on inside.

"When no one came to the door, these officers got concerned," Rowland said.

"There have been situations in the past where our officers have been shot
at through the windows of a house. There was every reason to think somebody
was home. There was every reason to think the people at home were tipped."

Rowland said two officers not with the OBNDD swept through the house in
search of occupants, but did not look through any cabinets or drawers.
Around that time, agents outside determined there was no marijuana on the
property.

"I think we did everything right," Rowland said.

"Sometimes when we do things right, it has negative consequences for
people, and I regret that."

In cases in which there is no search warrant to leave, he said, agents
typically leave a business card with a phone number to call.

"It would have been better in this case if we had left a business card or
something," said Rowland.

"I think there wouldn't have been the hard feelings involved."

Huffman said the experience has left her paranoid and fearful, currently is
on medication to calm her verves. Their home now is protected by a burglar
alarm system.

"This has been terrifying," Huffman said.

"I don't know what these people did. I don't know why they did it. I don't
know who they are. We're private people. I'm going to be forever changed,
whatever the outcome is. Nothing like this has even happened in my life."

The women's attorney, Julie Kelley, said OBNDD has refused to offer
monetary compensation or even issue a formal apology for the mistake.
Rowland disputed that contention, but he declined to be more specific.

The incident has led to an internal OBNDD probe, according to Woodward.

"We're not in any way going to brush this under the rug," he said.

"We're going to see what happened and if something needs to be changed, as
far as how we handle things."

Woodward said that "Operation Red Rain," slated to continue until winter,
has resulted in the destruction of about 52,000 cultivated marijuana
plants, which have a combined street value of about $78 million.

Checked-by: Pat Dolan