Pubdate: Mon, 08 Jan 2001
Source: Bakersfield Californian (CA)
Copyright: 2001, The Bakersfield Californian
Contact:  PO Box 440, Bakersfield, CA 93302-0440
Website: http://www.bakersfield.com/
Author: Fred Ludwig

CASH, BOOTY SEIZED IN DRUG RAIDS SHRINKING

Kern County officials have long been aggressive about confiscating property
in drug-dealing cases, raking in large amounts of cash and other goods.

But the haul has gotten lighter in recent years.

Kern forfeited just $500,000 worth of goods last year from narcotics
investigations, half of the 1996 total, county figures show. There have been
steady drops every year since 1996.

But prosecutors say they have not softened their hard-nosed practices. And
the drop has hardly quieted the critics.

The forfeiture process draws outrage from defense attorneys who contend it
is unfair to defendants and, in some cases, takes property away from
innocent people. Officials counter that the approach throws roadblocks at
the illegal drug trade.

Criticism of the process was followed by a 1994 change in the law making
such forfeitures harder, requiring a conviction in some cases and making it
easier to challenge seizures, officials said.

Kern is still feeling the effects of the change. With a strong forfeiture
program, Kern was particularly affected, District Attorney Edward Jagels
said.

Five years ago, Bakersfield police regularly seized a wide variety of items
from furniture to jewelry, said Sgt. Brad Roark. He said changes in the law
led to the decision to mostly stick to cash and vehicles, which are easier
to tie to drug operations.

The department's seizures also have dropped in the last several years
because drug dealers have gotten better at hiding their assets, Roark said.

Jagels said a drop in drug cases stemming from Interstate 5 traffic stops
also affects numbers of cases handled by his office.

California Highway Patrol officers still look for drugs during normal I-5
patrols, but the Buttonwillow CHP office no longer fields special teams
specifically targeting drugs, Lt. Doyle Green said. Such teams were stopped
about a year ago in the wake of lawsuits alleging racial profiling, Green
said.

More and more, police are focusing on methamphetamine labs, which end in
relatively few large cash seizures because the money has not yet been made,
said Supervising Deputy District Attorney Michael Yraceburn.

In general, officers can take cars when the arrests for drug sales come from
traffic stops. When they come across a large amount of cash during an
arrest, they often seize the presumed drug profits.

Bakersfield police said their search of Terry Silvernagel's Union Avenue
hotel room uncovered baggies of marijuana and methamphetamine, a scale, a
blue notepad with common drug weights and corresponding dollar amounts --
and $3,811 in bills of various denominations.

Backed by check stubs, Silvernagel's attorney claimed the money came from
wages and a worker's compensation payout for an industrial accident that
cost the suspect a toe. When Silvernagel was sentenced to three years in
prison in November, the money was ordered returned to him.

Prosecutors later told Judge Stephen Gildner in a letter his order "cannot
be honored" because Silvernagel did not file a claim within the 30-day
period for such challenges, removing the judge's jurisdiction.

Judge Gildner wrote back, saying the prosecutor had declined to object to
the return during the sentencing. The prosecutor then said "there is no
nexus to show that the money was proceeds from drug sales," according to
Gildner's letter. Gildner made both letters part of the case file, but there
was no mention of any other action by the judge.

Yraceburn said the money was properly seized, and he assumes it was
distributed to various government agencies shortly after its seizure.
Yraceburn said the matter is resolved.

"There's no money of his to return," Yraceburn said.

Filing a claim lets residents challenge seizures in court. But many just let
a seizure become final because the legal battle would cost more than the
property is worth, defense attorneys said.

"Once the government gets its hands on the individual's property, it's very
difficult to get it back," said attorney Bruce Blythe. "It's very expensive
to get it back."

An innocent person who lends a vehicle to a friend or family member, not
knowing that person is selling drugs, sometimes loses the vehicle, Blythe
said.

Challenging a forfeiture can easily cost $10,000, attorneys said. Some
people try to represent themselves but are overwhelmed by the system, said
defense attorney H.A. Sala. He said if they don't fill out forms properly
and on time, prosecutors sometimes ask a judge to order financial penalties
against the people for violations of procedure. Often, the person just gives
up, Sala said.

People who decide not to wage the battle can lose the seized property even
if no charges are filed, said attorney Matthew Ruff. Ruff said prosecutors
in recent years have been more receptive to returning property of the
innocent.

The forfeiture practice is a conflict of interest because government
agencies get to keep the forfeited funds, Ruff said.

Officials typically give back between 10 percent and 20 percent of seized
money and property after further investigation shows it was legally
obtained, Yraceburn said. He said prosecutors returned $40,572 last year.
Prosecutors have not changed how they handle such returns, Yraceburn said.

Yraceburn said the process is fair, adding that inmates have pursued claims
from prison. It is not the fault of prosecutors or the law if defense
attorneys charge more than some people can pay, he said.

To win in court, prosecutors must prove the gains were ill-gotten and in
many cases have a conviction in the related drugs case. Officials cannot win
a forfeiture court case unless the seized property is owned by the offender,
Yraceburn said.

The money is divided between the District Attorney's Office, the police
agency involved and other agencies and programs. Police and prosecutors
recoup their costs but get little to no extra money beyond that, Yraceburn
said. He said they first and foremost are looking to bust drug dealers.

"Asset forfeiture has always been a result of narcotics investigations,"
Yraceburn said. "You can never predict what you're going to find when you do
a narcotics investigation."

Locking up the drug business as well as the criminal puts a dent in drug
operations, officials said. The dealer has a harder time replacing the
seized drugs, Roark said.

The forfeitures are most effective against street-level drug sellers and
those mid-level dealers above them who buy drugs from the producers and
importers, Yraceburn said.

"If you remove the capital from the business, it will go bankrupt,"
Yraceburn said.

The sheriff's May bust of a Delano-based drug ring allegedly run by the
Medrano family led to the arrest of dozens of people and the seizure of 22
vehicles accumulated through drug profits, said Cmdr. Hal Chealander.
Defendants are awaiting federal trials.

"It's how they launder their money and use drug proceeds -- buy fancy cars,"
Chealander said.
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