EVIDENCE SEIZED IN POT CAVE UP IN SMOKE AFTER RULING

The discovery last year of a sophisticated marijuana-growing operation in
an elaborate man-made cavern near Amboy has proved a bust for law enforcement.

A judge on Wednesday granted a defense attorney's motion to suppress all
evidence seized by members of the Clark-Skamania Drug Task Force in a
December 2002 raid.

Clark County Superior Court Judge Roger Bennett ruled that law enforcement
relied on information improperly obtained from Clark Public Utilities.

While prosecutors did not immediately drop charges against Michael E.
Orick, 49, the ruling guts the case against him. Prosecutors had filed
additional charges of money laundering against Orick and his wife, Lori O.
Orick, 41, after an investigation of their finances suggested they were
earning thousands of dollars selling marijuana.

Deputy prosecutor John Fairgrieve said Bennett's ruling likely leaves him
little choice but to dismiss charges.

"I think there's a good chance (the ruling) will make both of these cases
non-prosecutable," Fairgrieve said.

Power consumption gave clues

Bennett said the search of Orick's property was in violation of a state law
that details how a public utility can turn information over to law
enforcement. One clue that Orick was growing marijuana was the revelation
that he'd been diverting electricity to power the cavern's lights.

"I looked at this case every which way, because obviously courts are loathe
to suppress evidence in criminal cases which results in, essentially,
people escaping liability on grounds other than guilt or innocence," said
Bennett, a former county prosecutor.

6 months of police work

The case against Orick began last year after an informant told the drug
task force that he'd heard of someone named Mike who had an underground
marijuana growing operation. Detectives worked for six months to find the
cavern, located on Orick's 9 1/2 wooded acres near Amboy.

Bennett said officers followed state law and wrote a letter requesting
copies of Orick's utility records.

After answering the initial request, however, the utility went on to
provide even more information about Orick.

Bennett said the utility should have waited for a second request from officers.

To turn over information prematurely, he said, was in violation of state law.

Utility employees estimated Orick diverted more than $25,000 in electricity
to operate the 43 halide 1,000-watt light bulbs found in the cavern.

When detectives searched the 2,800-square-foot cavern on Dec. 12, 2002,
they found bits of marijuana leaves but no plants.

Orick, who owns an excavating business, allegedly told officers it took him
about a month to dig out the cavern and about eight months to finish it.

Plastic pipes provided ventilation, and one utility worker who examined the
cavern remarked that the electrical outlets were built to code, with one
spaced every 12 feet.

According to court documents, Orick also allegedly said that he was a lousy
grower and the most plants he ever had at one time was 400, but had lost
most of these due to an insect infestation.

Defense attorney Jon McMullen said Orick, who has no criminal record, had
been scheduled to go to trial Monday.

The money-laundering case had been slated for trial later this month.

"Obviously, we are very pleased with the ruling," McMullen said. "We firmly
believe that the ruling reflects the current status of the law."