March 2008


Demanding Accountability






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False Federal Drug Charges?

By Edward Snook
Investigative Reporter

Cave Junction, Oregon – On August 8, 2006 Rick and Sabina Schlotzhauer of Cave Junction were arrested – the results of an indictment charging them with conspiracy to manufacture marijuana.

An Observer investigation ensued and revealed numerous flaws in the government's case. The Grand Jury was presented distorted evidence by Drug Enforcement Agency (DEA) agent Clark Wheeler. Wheeler collected the Schlotzhauer's tax returns and then painted a picture of them being “shady characters,” while leaving out the fact that Rick had received over $100,000.00 in inheritance money in 1998 and 1999. Wheeler also distorted Sabina Schlotzhauer's supposed criminal record by stating twice that she had been arrested on criminal charges – not true, but yet another method of making his target appear guilty. It is common place for agents and prosecutors to obtain indictments by presenting half truths and skewed or twisted evidence to a Grand Jury.

At least two of the individuals who are expected to testify against the Schlotzhauers have received preferential treatment (deals) from federal prosecutor Douglas Fong for implicating Rick and Sabina. According to the Schlotzhauer's witnesses, Fred (Chico) Tamayo and Rex Denham have stated that they pointed their fingers at the Schlotzhauers to receive reduced terms on their drug related plea bargains and inferred that their testimony was fabricated and coerced by agent Wheeler. Both of these criminals were caught in 2003, conducting a huge marijuana growing operation, so what do you do when you get caught red-handed – you try to blame someone else or create another target for the DEA in exchange for leniency. Denham had worked for the Schlotzhauers, knew they had large storage containers and according to Rick and Sabina had suggested they grow pot on more than one occasion. Obviously, the Schlotzhauers weren't interested, which is the reason that the DEA agents didn't find any drugs when they did their surprise search of the Schlotzhauer property.

The Schlotzhauers originally had Tonya Morro and John Kolego defending them until it appeared that no meaningful investigation was occurring and their upcoming trial would more than likely land them in a prison cell. They sent a letter to Federal Judge Owen Panner informing him that they had fired their attorneys. Judge Panner set a hearing to decide the issue and then while conducting the hearing he informed the Schlotzhauers that they should keep their attorneys because the attorneys had filed excellent pre-trial motions on their behalf. They followed his advice, however, a short time later the “wise” 85 year-old judge ruled against each and every motion that he had said were very good in open court. The Schlotzhauers immediately fired the attorneys again and were appointed Lynn Shepard and Dan Koenig of Eugene, Oregon.

The Observer investigation focused on individuals who had frequented the Schlotzhauers home, because the charges claimed they were using large metal containers on their property for a marijuana growing operation. Each and every witness stated that there wasn't any marijuana being grown and one witness would have certainly known as he works for the Illinois Valley Fire Department. From our various witness interviews it is clear that the Schlotzhauers were not involved
in any growing operation whatsoever.

Next on the DEA Agenda

DEA agents then went to a rental home that the Schlotzhauers had recently placed on the market for sale. They found some evidence of a prior pot growing operation and eventually they were able to get Robert and Jennifer Eastman, who had rented the property to implicate the Schlotzhauers – an event I'm sure they forced upon the Eastmans in order to get at Rick and Sabina. You see Rick and Sabina own 160 acres just outside of Cave Junction with lots of timber and a sizeable value. The DEA would consider this quite a “catch,” in fact they have already unsuccessfully attempted to force a “Civil Forfeiture” on the Schlotzhauers.

Robert and Jennifer Eastman had apparently been growing marijuana in a small barn on the property. According to the Schlotzhauers they had no knowledge of any such operation and in fact were not allowed on the property. This investigator did find that Rick and Sabina had to post an eviction notice on the gate in order to get rid of the Eastmans, gain control of their property once again and place it up for sale. Would any prudent person place their property up for sale if they had any knowledge that evidence related to growing marijuana existed there? The answer is a resounding no. Further, would any prudent person have a major conflict with renters they were growing marijuana with – another resounding no!

If the Schlotzhauers were growing marijuana one would think that our illustrious DEA could have easily caught them with some plants. No plants – only the tainted, bought and paid for testimony of people who were actually growing marijuana, caught by the DEA and offered the “big deal” for implicating others.

The US~Observer will continue to investigate this case and bring the facts to the public arena in our effort to restore credibility to a government


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