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Uploaded: Thursday, July 26, 2012, 7:03 AM
Updated: Friday, July 27, 2012, 7:17 AM
Drug and weapons charges dropped against Pleasanton man
Charges dismissed for 'lack of evidence,' says D.A
|A Pleasanton man embroiled in a bitter custody battle has had criminal charges against him thrown out of court.
Brian Lancaster had five charges dismissed for lack of evidence, according to the Alameda County District Attorney's Office.
"The D.A. told the judge they were going to dismiss all the charges in the interest of justice," Lancaster said Tuesday after the charges were dropped.
Lancaster, 36, was arrested Jan. 16 by Pleasanton police Officer Tim Martens after a traffic stop for an expired registration. That led to a search of his car, and Martens's report says his search turned up 2.5 grams of "a white powdery substance" that tested positive for methamphetamine and a pipe.
Lancaster has refuted that evidence since his arrest, and he filed a claim -- a precursor to a lawsuit -- against Pleasanton in June asking for in excess of $1 million.
"Pleasanton police Officer Tim Martens and other unknown officers improperly obtained confidential information, improperly used and disclosed false and confidential information and made illegal search, seizure and arrest based on use of improperly obtained information and falsified evidence," Lancaster states in his claim.
The court Tuesday dismissed charges of possession of methamphetamine, paraphernalia possession and two weapons charges that stemmed from a subsequent search of the house Lancaster shares with his father.
"The Department of Justice raided my house. Lesley Regina faxed the DOJ all kinds of nonsense (stating) that they must start an investigation of me," Lancaster said. "Lesley (Regina) had told them that I had assault weapons, all kinds of weapons there."
Regina, a San Ramon family law attorney, has pleaded not guilty to a misdemeanor charge that she illegally received confidential information. Her alleged co-conspirator, Alameda County Sheriff's deputy Ryan Silcocks, also has pleaded not guilty to two misdemeanors, for illegally accessing information and for illegally furnishing information.
Lancaster said he's one of the people singled out by Regina. Although she doesn't represent his ex-wife, Lisa Secord, Lancaster has documentation he claims show the two were in communication.
He said it's his belief that Silcocks was running his name through national crime databases.
Also dismissed Tuesday was a charge of driving on a suspended license, even though Lancaster admits he was doing so.
Lancaster, who was on probation for a three-year-old case of petty theft, also had that probation ended.
"This took the biggest weight off my shoulders, ever," Lancaster said.
The charges against Lancaster and their dismissal are the latest in an ongoing battle between the Pleasanton resident and Secord, who is now remarried and living in Washington state.
Lancaster said he's seeking to overturn a Washington state restraining order, which he said was granted because of the charges against him.
He said he's also looking into the possibility of criminal charges against Secord for placing a GPS tracking unit on his car.
Despite the dismissal of charges and the battle between the ex-couple, which includes the hiring of a private investigator and allegations of domestic abuse -- which were dismissed -- Lancaster admits he's not without fault.
"Basically, I screwed up. I had an affair," he said. "She's still angry."
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