SLO MAN FILES CLAIM AGAINST LAW AGENCIES OVER MARCH RAID

SAN LUIS OBISPO -- A man jailed when county Narcotics Task Force
officers mistook 10 pounds of lye for methamphetamine has filed a
claim against several law-enforcement agencies.

Howard Leasure, 42, spent 16 days in jail after he was arrested March
18, when the task force served a search warrant at his O'Connor Way
home in San Luis Obispo.

Leasure was arrested on charges of manufacturing and possession of
meth. But those charges were dropped in July after it was discovered
that the 10-pound bag investigators found inside Leasure's home
contained caustic soda or lye -- not meth.

The claim, which was filed Wednesday in Superior Court, alleges false
arrest and imprisonment and violation of civil rights and is the first
step in a lawsuit over the March raid, Leasure said.

It names the state, county and the city of San Luis Obispo as
responsible parties.

Narcotics Task Force agents watched the mobile home rented by Leasure
and his wife and daughter for months before serving the warrant in
mid-March.

Search warrants were served at the O'Connor Way property and Cambria
property owned by Nickolaus Kopp, 62. Kopp was also arrested in the
raid, but posted bail soon after. His charges were also dismissed in
July.

During the search at O'Connor Way, agents said they seized equipment
and chemicals used to make meth at the property.

Agents said they confiscated more than 70 Freon cans, a gas cylinder,
red phosphorous, a hydraulic meth press, filters with residue
consistent with the manufacturing of meth and 300 pounds of lye, which
is used in the process of manufacturing the drug.

But Leasure has said he never manufactured meth and that chemical
containers found in the trailer were not his. He said the 10-pound
sack of lye was his, but said he used the chemical to separate toxins
out of his water storage tank, which he thought might have been
contaminated.

"The property owner had been taking things and bringing things to the
property before the raid," Leasure said. "I knew they were watching me
for months, so why would I have continued to do what they said I was
doing?"

Leasure spent 16 days in the San Luis Obispo County Jail while
Narcotics Task Force agents searched his mobile home.

During that time, Leasure alleges task force agents destroyed his
sweat lodge, a holy place in his Native American religion, and
violated his right to religious freedom.

The claim also points to comments and actions of San Luis Obispo
Police Chief Jim Gardiner and Grover Beach Police Chief Ernest
Klevesahl that Leasure said damaged his reputation.

Leasure accuses Klevesahl of defamation during a television interview
that took place after Leasure's charges were dropped.

Leasure characterized the task force's raid as political, to which
Klevesahl reportedly responded, "We don't play politics. We just
arrest drug dealers," according to the claim.

Klevesahl, who is now chairman of the Narcotics Task Force governing
board, said he had not seen the claim Monday.

"I cannot comment directly to it," he said. "From the standpoint of
the NTF, that's what we do. We put drug dealers in jail. Whether or
not those comments were directed at him, I can't say without reading
the wording in his claim."

Leasure also alleges the raid on his trailer was performed with local
media invited to create publicity for Gardiner's campaign for county
sheriff. Gardiner has repeatedly rejected the charge.

"It has been asked and answered," Gardiner said. "The timing of the

raid was up to the investigators and the media was not invited. Once
the arrests were made, it became a newsworthy event. It is unfortunate
that it would be speculated that way."

Narcotics Task Force representatives could not comment on the status
of their case against Leasure and Kopp Monday, but San Luis Obispo
Police Sgt. Jim English and Deputy District Attorney Ron Abrams both
told the Telegram-Tribune in earlier interviews that charges may be
refiled against the two men.

Task force spokespersons also could not comment on the claim Monday,
saying they had not yet seen or heard of it.

Leasure, meanwhile, said the claim is the first step in a federal
civil lawsuit.

"You have to exhaust all your channels first," Leasure said. "It's
just a matter of normal practice and I believe they'll deny the claim.
Then, we'll move to a lawsuit."

The claim doesn't specify damage amounts being sought. Leasure said
Monday he didn't yet know how much he would ask for, but that he would
seek mostly punitive damages for himself and for the Cheyenne tribe,
of which he is a member.

Leasure's claim is not the first of the Narcotics Task Force's legal
woes this year.

In June, Carole Ann Martin of Atascadero sued the task force, claiming
NTF agents searched her home by mistake one year before.

Investigators entered Martin's home on the morning of July 8, 1997, as
she lay in bed with her child and allegedly held her at gunpoint while
they searched the home.

Martin lives at 1901 San Gabriel Street in Atascadero, and the search
warrant specified 1905 San Gabriel, a nearby home.

Martin was arrested on a minor drug charge that was later dropped. She
is seeking unspecified monetary damages.

Checked-by: Rich O'Grady