Butterfield Road Couple Accused of Growing Pot Has Case Continued

The lawyer for a Butterfield Road couple accused of housing an indoor marijuana growing operation formally asked for a copy of a search warrant during a Thursday appearance at the state Superior Court in Danbury.

Jeffrey Chartier, a Bronx-based lawyer and former Westchester County assistant district attorney, made the request at the same time he asked for more time and for the case to be continued until Sept. 23.

"We had not been provided with a copy of the search warrant," he said in court.

Michael Hearl, 38, and Tara Ann Bryson, 36, of 26 Butterfield Road, have been charged with possession of more than 4 ounces of marijuana, cultivation of a controlled substance without a license and conspiracy to cultivate a controlled substance without a license.

Hearl was additionally charged with possession with intent to sell, operation of a drug factory, possession of a sawed-off shotgun or silencer, risk of injury to a minor and possession of less than 4 ounces of marijuana.

Chartier and his clients declined to comment on Thursday. Chartier said it was early in the process and he wanted to take a look at the materials before commenting.

Hearl and Bryson were arrested July 9 following a state police investigation, which included a surveillance of their home and began with a tip. Police, in their search warrant application, which was part of the court file on the case, said the Statewide Narcotics Task Force received a tip from Shelton police about a possible indoor marijuana growing operation in Newtown.

An informant told police that Hearl's 16-year-old son lives in Shelton and he visits his father in Newtown on the weekends, according to the warrant application.

"His father, Michael Hearl, grows marijuana in the basement of the Newtown residence and that Michael Hearl always has at least 40-50 marijuana plants growing at a time," the son allegedly told the informant, according to the warrant. "He just clips what marijuana buds he wants and his father, Michael Hearl, does not notice because there is so much marijuana growing."

The son then allegedly sells the marijuana to the informant, according to the warrant application.

The police also requested Connecticut Light & Power utility bills for the two-story, four-bedroom, three-and-a-half bathroom clapboard house, which according to property records Bryson bought in May 2009 for $1.15 million. The house, which was built four years ago and has nearly 6,000 square-feet of living space, used about four times more electricity than similarly size homes in the area, according to the warrant. The monthly bill ranged from $928 to $1,371 between last November and February, according to the warrant.

According to court documents, Bryson works for Ridgefield-based New Stream Capital, a hedge fund founded by David A. Bryson. It is unclear how the two Brysons are related. Police in their search warrant application said a state Department of Labor check showed no earnings listed for Tara Bryson and that she does not collect unemployment.

Hearl, on the other hand, last earned approximately $10,000 during the first quarter of last year, and since then has made several unemployment claims, receiving his last payment in June, according to the warrant application that was dated July 9.

Hearl lists his occupation as a self-employed farmer. He had told people earlier this year that he was thinking of creating a large herd of milking goats at his residence. A sign denoting a goat crossing is hung from the end of the Butterfield Road home's driveway, police said.

The home, which is set back from a private road and not visible from the public roadway,allegedly boasts electronic counter surveillance equipment, according to police, adding that they had to initially suspend their surveillance of the property because of it.

Police executed their search warrant on July 9 and seized 203 marijuana plants of various sizes and growth stages, several firearms and ammunition, a state pistol permit, handcuffs and a grow ledger among other items, officials said.