POT GROWERS MISLED LAWYER, JUDGE RULES

Everett attorney's role described as 'troubling'

SEATTLE -- Two admitted marijuana growers from Eastern Washington
criminally abused their relationship with an Everett lawyer, and in so
doing, gave up the usual protections of an attorney-client relationship, a
federal judge ruled Wednesday.

Gregory Haynes and James Denton in 1994 took advantage of the
attorney-client relationship with lawyer Mark Mestel to hide their
involvement in marijuana growing operations in Stanwood and in the tiny
community of Warden near Moses Lake, U.S. District Court Judge Thomas Zilly
ruled.

Along with other members of the pot growing ring, the pair conspired to
have Mestel file fraudulent documents in an attempt to mislead the
government about who bankrolled the Stanwood pot farm, which was discovered
when it caught fire in May 1994, the judge ruled.

Federal prosecutors last summer charged Haynes, Denton and others with
conspiracy and money laundering after law officers unearthed another large
pot farm, this time buried beneath a Grant County alfalfa field.

Zilly said after listening to more than four days of testimony he found
much that was "troubling," including Mestel's role.

"I don't think they (the defendants) gave Mestel all the facts," Zilly
said. "They certainly gave him a lot. I think more than Mr. Mestel was
willing to admit."

Attorneys for Haynes and Denton had asked Zilly to dismiss the case,
arguing the government erred in 1996 when it recruited Dale Fairbanks, a
former private investigator, to help investigate the pot growers.

Most of the investigation's targets had previously been represented by
Mestel, for whom Fairbanks had regularly worked as an investigator.

Haynes attorney Allen Ressler said the government's use of Fairbanks had
"undermined the appearance of fairness" and tainted the government's
investigation so much that all evidence should be thrown out.

He said Fairbanks' insider knowledge of the pot growing operation stemmed
from the attorney-client relationship.

To make their case, defense attorneys had Haynes and Denton testify about
how they made thousands of dollars growing and selling marijuana and
cleaning up the cash through legitimate business investments.

The pair contended that Mestel was paid thousands of dollars to represent
ring members, and that they were open with their lawyer about the illegal
deals.

Haynes also testified he supplied Mestel with small amounts of marijuana,
including an alleged face-to-face delivery in Cle Elum in 1995, when Haynes
said he put pot in a baseball hat for Mestel.

Mestel testified last week that Haynes had, unbidden, sent him marijuana on
a couple of occasions. He insisted he threw away, or turned away, the drugs
and flatly denied receiving pot in a hat.

Zilly noted that both Haynes and Fairbanks were present for the Cle Elum
meeting, and offered substantially similar testimony about the incident. As
for the other deliveries, "I'm satisfied that Mr. Mestel knew about it, or
had some conversations with him (Haynes) about it," the judge said.

Mestel has not been charged. When told of the judge's comments, Mestel
said: "I stand by my testimony."

The judge said he was troubled by the government's decision to use
Fairbanks in the case, but he also was impressed by the steps investigators
took to not undermine the confidential relationship Mestel had with other
clients.

"I am satisfied the government diligently and vigorously" maintained its
focus on ongoing criminal activity, not protected by the attorney-client
privilege, Zilly said.

The judge said he may throw out some evidence Fairbanks supplied, but only
if he clearly learned it before 1996.

A June trial is scheduled.

Comments: newmedia@heraldnet.com

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