While the cases of three defendants were continued until December, one of them is asking for access to his alleged growing warehouse.
During a pre-trial hearing at Waltham District Court this morning, former Watertown Town Councilman Thomas “Gus” Bailey, 49, through his attorney, asked for permission to visit the 269 Lexington St. warehouse in Waltham where authorities say he and two other men were growing pot.
Attorney Kevin Mahoney, who is representing Bailey, requested that Bailey be allowed into the warehouse to document any damage caused by police when they raided the site last month. Mahoney said his client also wants to take photographs and lockup the building if it not already secured.
Judge Gregory Flynn said he would discuss the motion during a Dec. 13 hearing. Bailey, and his two alleged cohorts, Clay Gollobin, 42, of Brookline and Eric Falzon, 43, of Newton, are scheduled to appear in court that same day.
All three men are facing charges of possession of marijuana with intent to distribute, conspiracy to violate drug laws and trafficking marijuana.
Gollobin’s attorney, during the hearing, requested Waltham Police return his vehicle, which they seized during the raid. The vehicle could be declared as seized drug property. Flynn said he would discuss that motion during next month’s hearing.
Mahoney, after the hearing, told reporters that Bailey is a decent person and a family man, and will vigorously fight the charges. He also said the police search of the warehouse was illegal, but did not backup his claims.
“We’re going to fight this case tooth and nail,” Mahoney said.