FOUNTAIN VALLEY : Man Seeks Pulling of Court-Ordered Signs

A Fountain Valley man is expected to ask a Superior Court judge today to allow him to take down signs posted outside his condominium that state his home is a site of illegal drug sales.

Garrie Charles Culver, 46, who has never been arrested or charged with selling drugs, was ordered by the court in July to post the signs.

Culver’s attorney, Emmett Raitt, said Monday that he believes that his client’s constitutional rights have been violated.

“We’re raising some constitutional questions,” Raitt said. “The city has no evidence that he has committed the crimes he is accused of committing--at least no admissible evidence.”

Raitt said Culver, who is blind and has lived at 11800 Tulip Court for 20 years, is entitled to a trial before he should be ordered to post such signs.

Culver was unavailable for comment at the recommendation of his attorney.

The city of Fountain Valley filed a civil suit in Superior Court last June against Culver, alleging that drugs were being sold out of his condominium.

The city won a preliminary injunction that ordered Culver to post signs that read, in part: “These premises are under court order not to be used for the sale or use of illegal drugs. No illegal drugs will be sold or given to any persons entering or leaving premises.”

Police served search warrants, but no substantial amount of drugs was found at Culver’s home, Raitt said.

Residents’ complaints were followed by police investigation and corroboration from three informants that drug activity was going on, City Atty. Alan R. Burns said.

Raitt said he will ask the court today to force the city to disclose the identities of its informants.

“The city apparently has confidential informants who are making additional claims, but the city has refused to give us their names,” he said.

Burns said the city earlier this month filed court declarations from four neighbors who contend that drug activity was taking place at Culver’s condominium.

One resident, Angelique St. Jacques, who has lived in the Harbor Valley condominium development for two years, said in her declaration that she has seen many cars coming and going from the garage at the rear of Culver’s condominium.

“The consensus of the neighborhood before the city took action to abate the premises was that drug activity was going on at that premises,” St. Jacques said.

Another resident, Scott Puckett, president of the homeowners association, said in his statement that Culver’s home “has been a constant subject of complaints about suspected drug dealing.”

Raitt said the statements made by Culver’s neighbors are irrelevant.

“You cannot conclude someone is selling drugs because there is traffic near his home,” Raitt said. “What they have said is they have seen traffic going up to his house. That’s all.”

Three Fountain Valley police officers also made statements this month saying they found small amounts of marijuana in Culver’s home in the possession of his sister-in-law, Laura Ann Riley. Officers also said they found Culver in possession of two burned pipes with marijuana residue, and, during another search, found marijuana seeds inside a safe.

Officer Mark Eskridge in his declaration said he arrested one man who allegedly purchased one-sixteenth of an ounce of methamphetamine from Culver for $110.

However, Raitt said none of the officers have any direct evidence establishing the sale of drugs.