Marijuana Policy Project

Washington County prosecutors say an Aloha couple grew and sold pot out of their rented home, and a fire in the attic served as a way for police to smoke them out.

Daniel Ray Gale, 35, and Joline Bolger, 32, are each charged with possession, manufacture and delivery of marijuana, as well as two counts each of first-degree child neglect. Their infant daughter and an older child from one of Gale's previous relationships also lived in the home, said Deputy District Attorney Jason Weiner Wednesday.

 Bolger's attorney Leland Berger told the jury of five women and seven men his client was unaware of Gale's growing activities in the attic, and was shocked to learn he was maintaining the secret garden.

"Your task is to determine beyond a reasonable doubt that she had knowledge or intent," Berger said.

Crews with Tualatin Valley Fire & Rescue discovered about 100 marijuana plants in the attic when they arrived to extinguish a fire at 2275 SW 205th Ave. in March 2007.

Serving as his own representative, Gale told the jury of five women and seven men that he was growing pot for medical reasons, but had failed to properly maintain a medical marijuana card from the Department of Human Services. He said Bolger didn't know about the grow. A pair of friends with medical issues were having problems obtaining pot, so he did them a favor, Gale claimed.

"I was not registered with the D.H.S., but I believe I was within D.H.S. guidelines," Gale said.

Weiner said records found by police listing names and amounts of money from dozens of people proved marijuana was being dealt from the house.

Gale said the records reflected sale and purchase records from the many Internet businesses he maintained. The absence of a scale or other paraphernalia proved his story, he said.

"I have to keep records of (online sales) to pay taxes," Gale said. "I had a house fire, and that's how this all happened."

A neighbor Wednesday testified that Gale asked her to give him a ride out of the area while the fire was burning, but she refused. She said she saw Bolger in the yard, shouting at Gale "c'mon, let's go."

Berger questioned the witness' ability to recollect facts based on the prescription medication that she takes.

Several witnesses told detectives Gale was seen running from the house talking about a medical marijuana grow inside, Weiner said.

Investigators later arrested Gale and Bolger at a residence in the 20000 block of Southwest Eggert Way. The children were left in the care of relatives.

The couple simply wanted to get away from the house with their baby as safely and quickly as possible, Gale said.

Closing arguments are expected today.