MEDICAL-POT GROWER SAYS DEA AGENTS MADE HIM PANIC

Chris Bartkowicz, the Highlands Ranch medical-marijuana grower facing
federal drug charges for his basement operation, said Thursday that
he was panicked and scared when agents confronted him outside his house.

In the first time he has publicly said more than a few words about
his February arrest, Bartkowicz said he was reluctant to talk to the
Drug Enforcement Administration agents who would eventually arrest
him and hesitant about letting them search his house. But, he said,
he ultimately thought he could address their concerns.

"I believed that if I explained to them that I wasn't illegal, that I
was compliant with state law, that they would leave," he said.

Bartkowicz's testimony came on the second day of a hearing over
motions to throw out statements he made to agents, as well as
evidence gathered during the search of his house. Bartkowicz's
attorney, Joseph Saint-Veltri, contended that Bartkowicz was coerced
into signing forms consenting to the search and waiving his right to
remain silent. Saint-Veltri also argued that the agents illegally
detained Bartkowicz before his formal arrest.

U.S. District Judge Philip Brimmer denied the motions, saying he
found no reason to believe Bartkowicz signed the forms against his
will. Brimmer, however, did toss out statements Bartkowicz made to
investigators before his signing the Miranda rights waiver.

Bartkowicz, who is charged with three felony counts related to
marijuana possession and cultivation, was arrested in February after
giving an interview to 9News in which he discussed his
medical-marijuana growing operation. DEA agents said that interview
- -- plus Bartkowicz's prior criminal record and his house's proximity
to an elementary school -- led them to target him.

But Saint-Veltri said the 9News story, which agents did little to
corroborate before contacting Bartkowicz, wasn't enough to justify
Bartkowicz's detention, calling it essentially "an unverified tip."
If the agents illegally detained Bartkowicz, Saint-Veltri said, that
tainted the rest of their interactions with him.

Assistant U.S. Attorney M.J. Menendez said agents acted properly
throughout the investigation and never threatened Bartkowicz or tried
to trick him.

Brimmer ruled that the 9News story was sufficiently credible for
agents to act upon and noted they did some investigating to make sure
they had the right guy before confronting Bartkowicz.

Bartkowicz's trial is scheduled to begin in November. If convicted,
he faces a potential life sentence.