Burglary Alarm Leads to Attorney’s Marijuana Arrest

Police have arrested a prominent local attorney on suspicion of possession of marijuana after allegedly finding the drug in his home while answering a silent burglar alarm.

Richard C. Gilbert, a 41-year-old Orange attorney, who gained national prominence in representing two surrogate mothers in their fight for custody or visitation rights, was taken into custody Monday on suspicion of possessing about 2.5 pounds of marijuana, a felony, according to a sheriff’s spokesman.

Also arrested at the home was Rodrigo Hernandez Rodriguez, 18, of Santa Ana on suspicion of burglary.

In an interview, Gilbert denied committing any wrongdoing and said he believes he has been “victimized twice.”

“I do not think it is appropriate for the government to come into someone’s home or bedroom and register a complaint about what people do in the privacy of their own bedrooms,” Gilbert said.

“Ultimately we all know that marijuana is a political issue,” he continued. “At long last are we going to address the issue of the government coming into someone’s bedroom and trying to legislate what they believe is their own brand of morality.”

In 1990, Gilbert gained national attention when he represented Anna L. Johnson in her unsuccessful bid to gain custody of a son she bore for an infertile Tustin couple. Johnson has appealed the case to the state Supreme Court.

In a separate case in 1991, he represented surrogate mother Elvira Jordan, who was granted shared custody with the child’s biological father, who had hired her to help him and his wife have a child. The Cudahy couple were later divorced, and Jordan successfully sued in Orange County Superior Court to win shared custody.

Monday’s events began to unfold at 11:35 a.m. when deputies answered a silent burglar alarm at a home in the 22100 block of Westcliff, said Lt. Dick Olson.

After spotting a broken window in a door leading to the family room, deputies entered and caught Rodriguez on the stairs leading to the second floor, Olson said.

Rodriguez was taken into custody and was being held Tuesday on $25,000 bail, Olson said.

Deputies say the suspect had in his possession a bag of jewelry belonging to Gilbert’s wife, Olson said.

While inside the house, deputies also discovered about 2.5 pounds of a substance believed to be marijuana on a table in the master bedroom, Olson said. Narcotics officers said if the substance is marijuana, it would have a street value of between $1,600 and $5,000.

Gilbert, notified about the burglary, went to his house, where he was confronted with the alleged marijuana and arrested, authorities said.

Gilbert’s lawyer, Paul Meyer, said he and his client “stand ready to cooperate with any investigative needs.”

“Mr. Gilbert has suffered from a condition of arthritis and bursitis for years,” Meyer said. “It has caused him serious pain and sleeplessness.”

Meyer, however, declined to make any link between Gilbert’s medical condition and the marijuana. “We don’t want to intrude in any investigation at any stage,” Meyer said. “It doesn’t seem appropriate.”

Meyer said he was also waiting for more facts before making any statement about the search-and-seizure issues involved in the case.

Gilbert was booked into Orange County Jail on suspicion of felony possession of marijuana, Olson said. Gilbert was later released on his own recognizance and will receive a notice to appear in court at a later date, Olson said.