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Hearing set for alleged pot grower

By Staff | Mar 14, 2011

Patrick Marley

A 65-year-old rural Kiester man arrested for allegedly growing marijuana in his basement has hired an Albert Lea attorney.

On Monday in Faribault County District Court, attorney Peggy Rockow requested a contested omnibus hearing be scheduled for her client, Patrick Marley.

Rockow told Judge Douglas Richards the contested hearing should take one to two hours.

“I have a legal challenge with one of the search warrants I have received,” she says.

Marley, who was arrested after county authorities and drug task force agents searched his residence, has been released from Faribault County Jail after posting a $10,000 bond.

A complaint shows authorities obtained two search warrants. One was to allow thermal imaging of the property, says the complaint, and results indicated marijuana likely was being grown inside the house.

Authorities on Feb. 23 raided the residence and seized 32 marijuana plants; several plastic bags containing a “green” substance, marijuana leaves and stems; grow lights and a sunlight power source; cell phones; drug paraphernalia; and $260 in cash.

Rockow told the court she also is waiting for results from the Bureau of Criminal Apprehension.

Once county authorities dried the marijuana leaves they were sent to the BCA to obtain an official weight.

Because Richards issued the search warrants, Judge Robert Walker will preside over the contested hearing which will be held in Martin County.

Faribault County will maintain jurisdiction in the case.

Marley was released on conditions that he abstain from use of alcohol or drugs not prescribed by a physician; submit to random drug testing; and report to the court any change in address.

He was charged with one felony count of fifth-degree possession of a controlled substance. The maximum penalty is five years in prison and a $10,000 fine.