Pubdate: Thu, 04 Jan 2001
Source: Tulsa World (OK)
Copyright: 2001 World Publishing Co.
Contact:  http://www.tulsaworld.com/
Details: http://www.mapinc.org/media/463

COURT UPHOLDS FEDERAL SEIZURE OF HOME

The 10th U.S. Circuit Court of Appeals in Denver has ruled that an Oklahoma 
homestead exemption cannot prevent federal authorities from seizing a home 
used in drug crimes.

In a 3-0 ruling Wednesday, the federal appeals court rejected a Wagoner 
woman's claim that her home was not subject to forfeiture under Oklahoma 
homestead laws.

The appeals court said federal law pre-empts a state law that prohibits 
home seizure.

The ruling came in response to a U.S. District Court jury in Muskogee 
finding in March 2000 that the Wagoner home of Dallene Nanette Lees was 
used in drug crimes.

Lees was arrested in 1999 after a large quantity of Valium pills were found 
in a bag in her home. Police also found marijuana, scales and suspected 
steroids, primarily in her grandson's bedroom.

Lees was charged in Wagoner County with possession of controlled dangerous 
substance with intent to distribute. She was bound over for trial in 
November 1999, but that charge was dismissed in April 2001.

In July 1999, Assistant U.S. Attorney Linda Epperley in Muskogee filed a 
federal forfeiture action against Lees' home, claiming it was used to 
facilitate illegal crime transactions.

At the civil trial in March 2000, a federal jury heard witnesses tell of 
the Valium seizures, other drug dealing and re ports the house was used by 
juvenile boys to smoke illegal drugs, Epperley said.

Lees appealed the federal forfeiture, claiming her homestead was exempt 
from forfeiture under Oklahoma law.

The appeals court said federal law overrides the state exemption. The 
ruling is similar to rulings in other states where the same objection was 
raised, Epperley said.

A homestead may be a defense in a state forfeiture case, she said.

Epperley said the next step is for U.S. District Judge Frank Seay to rule 
that taking the home is not an excessive penalty. Epperley said that should 
not be difficult to prove from the evidence in the forfeiture trial.

Lees also was on federal probation at the time for possessing 33,000 Valium 
tablets seized at a border station. That probation was revoked and Lees was 
sentenced to one year in federal prison, Epperley said.

Assistant District Attorney Eric Johnson of Wagoner County said the state 
dismissed Lees' state charge because she was to serve the federal term. In 
addition, Lees' grandson, Jade, pleaded guilty to marijuana possession with 
intent to distribute and possessing a weapon. He was given a two-year 
deferred sentence.

The Lees home was valued at $136,000 at the time of the forfeiture hearing. 
Since then, it has been maintained by U.S. marshals until it can be sold, 
Epperley said. Proceeds will be divided among law enforcement agencies.
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