Pubdate: Thu, 03 Jan 2002
Source: Oklahoman, The (OK)
Copyright: 2002 The Oklahoma Publishing Co.
Contact:  http://www.oklahoman.com/
Details: http://www.mapinc.org/media/318
Author: Robert E Bocziewicz
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

10TH CIRCUIT UPHOLDS SEIZURE OF RESIDENCE

DENVER -- The federal government can take an Oklahoman's home if the 
residence is used in drug crimes although state law bars such action, 
a federal appeals court ruled Wednesday. The 10th Circuit Court of 
Appeals ruled 3-0 that a federal law on property forfeiture pre-empts 
an Oklahoma law that exempts homes used in drug crimes from being 
taken by state authorities.

The ruling came in the case of a Wagoner grandmother, Nanette Lees. 
Federal authorities want to seize her $136,000 home and sell it. Lees 
is awaiting trial on a state charge of possessing a controlled drug, 
Valium, with the intent to distribute it.

While that case was pending in Wagoner County District Court, a 
federal prosecutor in Muskogee got approval from a U.S. District 
Court jury and Judge Frank Seay for the federal government to take 
ownership of Lees' home. Assistant U.S. Attorney Linda Epperley 
alleged in a civil forfeiture case the home had been used, or was 
intended to be used, to commit or to facilitate a federal drug crime.

Police said they found a large quantity of Valium pills in a bag Lees 
had in her home in 1999. They also found a gallon-sized bag of 
suspected marijuana, a set of scales and suspected steroids, 
primarily in her grandson's bedroom.

In Wednesday's ruling, the appeals court turned down three of Lees' 
issues, including her contention that her property, being a 
homestead, was not subject to forfeiture because of Oklahoma law.

The judges, however, left Lees with a ray of hope, reopening the case 
on the basis of Lees' fourth issue. The higher court concluded Seay 
did not make specific findings about whether the taking of Lees' home 
would be an excessive penalty, disproportionate to the gravity of the 
offense, as the judge was obligated to do.

The higher court instructed Seay to make those findings.

Lees already was on probation after pleading guilty to misdemeanor 
possession of 33,600 Valium tablets. She was arrested in 1998 at a 
border checkpoint near Laredo, Texas.

Her grandson, Jade Lees, was arrested on a state drug charge in 1999 
at the same time Nanette Lees was arrested at their home.

Lees and her attorney could not be reached for comment. Lees and her 
grandson were not charged with federal crimes.
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