Destroying Lives: LB Criminal Justice System

Part One of this column introduced 72-year-old Medical Marijuana (MMJ) activist David Zink, a 49-year Long Beach resident/homeowner who has fought for safe access for medical marijuana (MMJ) patients and war damaged veterans since the passage of the Compassionate Use Act in 1997.

We outlined the details of his arrest and prosecution 14 years ago that brought with it the destruction of his MMJ garden, an outrageous bail set at $300,000, contaminated testimony by Long Beach narcotic officers and the outright dismissal of his case.

We also recounted examples of his public advocacy and the discernible retaliation in the form of a corrupted search warrant attested to by Detective Randal Beach that came to his door 14 years later.

The contaminated search warrant was served on November 6, 2014.

Using subterfuge, two officers – one in street clothes and one in a quasi-fatigue combat outfit that hinted police authority – lured him outside, arrested and handcuffed him.

Eight other individuals – who Zink later concluded to be police officers – although none wore police identification – then materialized and swarmed his house, guns drawn. His handcuffs were removed on the way to the door, following his offer to secure his dog.

Zink’s girlfriend perceived the sudden entry of strangers pointing weapons to be a home invasion robbery. She became hysterical, broke down crying and vomited.

Once calmed, she was made to sit and watch as Zink entered into what he thought was a polite conversation with one of the detectives, Christopher Thue, while the other officers disabled his security cameras, destroyed his MMJ garden and searched his home, documenting their findings with audio-visual equipment.

During the search Detective Beach reported, among other findings, that detectives recovered six glass mason jars, which contained, “Butane Honey Oil (BHO).”

Beach wrote that the, “BHO was later analyzed by the LBPD lab and found to contain tethahydrocannabinol (THC).” But, he made no mention that the LBPD forensic criminologist, Gregory Gossage, did not report how the THC oil was manufactured. However, the criminologist did write that the oil was, “a dark green viscous liquid.”

Nick Morrow, a retired Los Angeles Sheriff’s Deputy, narcotics investigator, criminal justice instructor and court qualified expert in clandestine laboratories, narcotic sales, marijuana and medical marijuana examined the reports and evidence and reported the following about Beach’s conclusions:

“BHO refers to a specific concentrated cannabis product where THC is extracted using butane (a volatile and flammable substance). Information in the press has vilified the substance as dangerous, causing explosions and fires. In Zink’s case, the government and police opined the substance found in his possession was BHO (butane honey oil). This was based on the claims of police and not any scientific testing. Calling it BHO without a laboratory test to determine how it was made is inflammatory and irresponsible.”

In his report Detective Beach further wrote that – among myriad other items – a “BHO extractor consisting of a pressure jar, heating pad, and compressor pump “ was found and that, “David Zink told Detective Thue that he uses the pressure jar, heating pad, and compressor pump to manufacture butane honey oil (BHO).”

But, Detective Thue’s signed report relating to Zink’s so-called confession made no mention of Zink admitting to using, “the pressure jar, heating pad, and compressor pump to manufacture butane honey oil (BHO).” The report revealed only that Thue advised Zink of his Miranda rights and that Zink waived his rights. Among other so-called admissions – Zink told him that, “he made his own THC oil” and that he “made his last batch about four weeks ago,” and he “knew it was wrong to make the TCH oil with butane.”

After reading Detective Thue’s report Zink said, “I was not advised of my Miranda rights so why would I waive them?” Zink also adamantly denied telling Thue that he manufactured any kind of concentrated cannabis, including honey oil (BHO).

Zink said, “The THC oil they said I admitted to manufacturing with butane is in fact Simpson oil (which is legal to possess) – a liquid – and I didn’t make that either. So, why would I confess to it being BHO? If Detective Beach is the honey oil expert he makes himself out to be he would have known it wasn’t BHO just by looking at its color and texture. honey oil is not dark green. It’s a golden-honey color sometimes called wax and it not a liquid form, it is solid”

As to the pressure jar, heating pad, and compressor pump, they could be used to make BHO, but were not, according to Zink. Morrow added, “And just to be clear, possession of the component parts does not constitute a crime. A person with the training and intent to do so could go into most any kitchen or garage and produce an extraction device from the raw materials commonly present at Zink’s house.”

Zink added, “The police also said that four metal tubes they recovered in the garage were used as part of a clandestine lab. They were in fact table legs, with the metal caps still attached to the bottom. And the heating pad was a coffee cup warmer.”

As an experienced command officer having overseen major narcotic investigations involving surveillance, helicopter fly overs, search warrant preparation, planning the coordination and deployment of 8 to 10 police officers to search and document a major drug bust using audio-visual equipment – I ask this question: Why was the Miranda admonition and subsequent confession reported by Detective Thru not recorded – verbatim?

Also, according to the police reports, Detective Jason Kirk found Zink’s money in his bedroom desk. Detective Thru wrote in his report that he asked Zink where he got the money and Zink told him that it was, “money from my taxes.”

Zink said, “I was never asked about the source of my money. They asked me how much it was and I said between $10,000 and $12,000, knowing that it was $12,000. I knew that because I had saved it up to get dental work, repair my roof and anchor the foundation on my house.”

When I asked Zink why he told them it was between $10,000 and $12,000 when he knew that it was $12,000, he replied, “Because I knew they were going to take it and I wanted them to count it in front of me. But they didn’t.” Zink added, “After I said, ten to twelve thousand I overheard the detective ask a supervisor if he should count the money and the supervisor said no, that they could do it at the station.”

The law requires that when serving a search warrant the police must leave behind a detailed inventory of what was taken. More than 30 entries with multiple items contained in each category were later reported by police to the judge in the search warrant return report. The “detailed inventory” they left behind for Zink was a single sheet of paper reporting:

• Item 1: Marijuana
• Item 2: Marijuana plants
• Item 3: BHO
• Item 4: Scale
• Item 5: Mail
• Item 6: U.S. Currency – undetermined amount.

 Police reports document that – later that same day, (November 6, 2014) – the detectives conducted an audio-video money count using a counting machine at headquarters.

The machine count was conducted twice because the officers allegedly overlooked a $100 bill left in the money bag on the first count. The second video-recorded money count totaled $11,000, which included: 68 $100s, 22 $50s and 155 $20s.

Zink insists the total was $12,000 and that – at the most – there were only a couple of $50s, if any, no $20s and the rest $100 bills.

The money count would later be audited by officers not involved in the investigation in which two $20 bills were reported to be counterfeit and then months later a $100 bill was suddenly deemed to be counterfeit and there was no mention of the phony $20s.

We still have an inquiry out to the LBPD to explain or clarify their difficulties in handling Zink’s money. Hopefully they will be able to provide an explanation before we publish Part Three of this column.

When the detectives completed their search that day – never once interviewing Zink’s girlfriend to ask about her knowledge of BHO manufacturing – Detective Beach informed Zink the matter would be presented to the district attorney and that he would let him know the results in the next few days.

The LBPD and Deputy City Attorney Kendra L. Carney opposed the return of his money by proffering the unsupported allegations that Zink operated “ an illegal butane honey oil manufacturing lab and marijuana cultivation facility" and that after six months, “the Office of the District Attorney, and the Long Beach City Prosecutors Office have not had sufficient time to complete their investigation or review of the case.” Judge L. Laesecke – the same judge that signed the search warrant – denied Zink's request without comment.

Eleven days later - after six months of review - Deputy DIstrict Attorney Amy Wilton (and the City Prosecutor’s Office) chose not to see the gross inconsistencies and the false narratives that jumped off the page of the police reports and chose to pursue a felony prosecution rather than justice.

In doing so, DDA Wilton avoided the standard preliminary hearing and instead sought a secret indictment where a grand jury of 25 citizens could be manipulated without the illuminating – and penetrating – interference of a defense attorney’s cross-examination.

Butane honey oil was the centerpiece of her presentation and she insured that the grand jury heard the term 80 times before she asked them to indict David Zink.

In our next column we will detail the overt dishonesty involved in the grand jury presentations and the thirty (30) months of unethical – possibly unlawful – conduct that followed.

Stephen Downing is a Long Beach resident and retired LAPD Deputy Chief of Police.

stephen@beachcomber.news