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Deputy refutes coercion claim

by Keith KINNAIRD<br
| June 20, 2009 9:00 PM

SANDPOINT — A Bonner County Sheriff’s deputy who uncovered a marijuana growing operation by following up on an anonymous tip is denying defense assertions that he coerced the suspects into allowing a search of the property.

“I was very patient and polite,” Deputy Marty Ryan testified during a hearing on a motion to suppress evidence on June 15.

Defense counsel for Seth Matthan Walser and Kimberly Sue Brown, who are charged with marijuana trafficking, gave consent to search an outbuilding adjacent to the couple’s home on the night of Jan. 28.

The couple’s defense counsel, however, argue that Ryan argued with them after they demanded that he obtain a search warrant. Walser and Brown’s attorneys also contend the deputy threatened to have the custody of their children taken away if they did not allow the search.

There was no ruling on the motion from the bench because of time constraints. Further argument on the suppression motion is planned for July 23.

Walser, 32, and Brown, 28, were charged after as many as 100 pot plants were found in indoor grow rooms in the outbuilding off Rapid Lightning Road.

Walser and Brown were charged separately, but their cases have been joined for pretrial proceedings. Both suspects are free on bail and their two-day jury trials are set for August.