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Motion to Suppress Taken Under Submission

The judge in the Harvey Bigelsen Case has heard arguments for and against a motion to suppress evidence and will rule on the motion no later than November 25th. In Superior Court Thursday morning, attorney for Harvey Biglesen, Mark Garegos and Deputy District Attorney Raymonn DeJesus first agreed to the stipulation of facts presented in the motion and subsequent responses with a single exception. That exception is a letter of authority provided by the District Attorney December 11th granting blanket authority to investigate Bigelesen’s alleged criminal activity. Garegos argues that a search warrant should have been issued.

Click here to listen to Mark Garegos

An undercover agent visited Bigelsen’s office on March 4th and documented interactions with Bigelsen- four months after the December 11th letter was issued. On March 20th following a tip from the medical board, public health offices entered Bigelsen’s office and confiscated microscopes and various compounds used to create remedies for treatment. Garegos argues, stating previous cases, a search warrant should have been issued in order to enter the business.

Bieglsen, a former trauma surgeon, and doctor of alternative medicine is being charged with practicing medicine without a certification, misrepresenting himself as a doctor, and manufacturing or altering medications. All charges are misdemeanors.

Judge Candace Heidelberger listened to arguments and needs additional time to review cases referred to by Garegos before issuing her ruling. the judge will either submit a written ruling prior to November 25th or present the ruling in court on the 25th.

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