Page One

Attorney arrested for drugs to enter plea

By Juliet Leyba Berkeley Daily Planet Corresponden
Wednesday November 01, 2000

A Berkeley resident and criminal attorney who was booked on suspicion of nine felony drug and weapons charges waived his right to arraignment Monday afternoon and is scheduled to enter a plea today in Superior Court in Oakland. 

Michael Moore was arrested early Friday morning at his home in the 1100 block of Glen Avenue in the Berkeley hills as part of a two month investigation conducted by the narcotics division of the Oakland Police Department. 

“We had information which led us to believe Moore had drugs and guns in his house . . . and just followed the trail to Berkeley,” narcotics officer Jim Beere said. 

Police found more than 15 pounds of packaged marijuana, 171 budding marijuana plants that were hung up to dry and several dozen potted plants in Moore’s basement and garage. In addition police said they seized 15 grams of cocaine, 12 grams of hashish and an arsenal of assault weapons including submachine guns and assault pistols. 

“Moore had a elevator lift covered with a throw rug in the kitchen which led us to the basement where most of the drugs were found,” Beere said. “After that he temporarily waived his Miranda rights and showed us where the guns were hidden stating that he didn’t want us to feel ‘uncomfortable’ or get hurt because they were all loaded.” 

According to Beere, this isn’t the first time Moore has been arrested. He has a prior record and has been arrested for transportation of drugs, possession of drugs and two convictions for driving under the influence of alcohol. 

According to Beere, both drug related charges were reduced and he was assigned to a diversion program, rather than being sentenced to jail time. This allowed Moore to continue practicing law. His driver’s license was suspended at the time of arrest for driving under the influence. 

Moore’s attorney, Robert J. Beles, strongly argued his case in the hopes of getting his bail reduced, stating that Moore has Lou Gherigs disease, a disorder that results in muscle deterioration, paralysis and eventually death, and that Moore has a valid prescription for medical marijuana. 

“Michael Moore is a respected citizen and attorney. He is not a drug dealer and was growing marijuana for personal use. He is not a flight risk,” Beles said. 

However, the amount of marijuana found in his home far exceeded the amount Berkeley permits for medical marijuana users, which is 60 budding plants, police said. 

State attorney, Blair Thomas, argued successfully, however, that Moore’s bail be raised from $290,000 to $325,000, the amount the court deemed equal to the crimes he’s suspected of committing. 

Neighbors on the street where Moore has lived for more than 30 years said they were dismayed and horrified when more than 30 drug enforcement agents descended on their neighborhood Friday morning and uncovered the arsenal of weapons and drugs. 

Christine Kenton, who runs Kinderfarm Preschool out of her home two doors down from Moore said she always knew he was an offbeat criminal attorney who represented members of Hell’s Angels, but was shocked to learn that he had weapons in his house. 

“We run a preschool here. Parents were dropping their kids off when the bust went down. Drug enforcement agents were carrying out all these weapons and nobody wants drugs and guns two doors down from where their children are being cared for.” 

As for the marijuana plants found in the house Kenton added that she is a believer in the use of medical marijuana and said she thought Moore suffered from several illnesses. 

Another neighbor, who asked not to be identified, said that she was upset to learn that there were so many weapons in the house and that Moore may have been conducting drug deals there. 

“It was really unsettling to know he may have been bringing unsavory people into the neighborhood. Other neighbors have told me that people were always coming and going at his house.” 

Moore faces a minimum of 12 years in prison if convicted under state law and more than 30 years if the case is tried in Federal court.