Pubdate: Wed, 30 Jul 2003 Source: Peoria Journal Star (IL) Copyright: 2003sPeoria Journal Star Contact: http://pjstar.com/ Details: http://www.mapinc.org/media/338 Author: Jessica L. Aberle Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) TRUCK RETURNED TO MEXICAN Bureau County Judge Rules Police Can't Keep Seized Vehicle, $44,000 PRINCETON - A Mexican man soon can return to the United States and retrieve his Ford pickup and more than $44,000 police seized from him during a traffic stop on Interstate 80 more than two years ago. "I told him he should wait until he was driving his truck with the money in his pocket before he should celebrate," said Gustavo Munoz, attorney for Jose Marquez Olivares of San Julian. Judge Marc Bernabei ruled Tuesday in Bureau County Circuit Court that Olivares must make arrangements with the state's attorney to take custody of the property at the Illinois State Police headquarters in LaSalle. Munoz said State's Attorney Patrick Herrmann assured him the 1999 F-250 pickup should be in the same condition it was when seized on June 26, 2001. Herrmann said the state could have the property ready within the week, although Munoz said it may take longer for his client to make arrangements for the trip. Munoz said concerns about insurance, valid license plates and other issues need to be worked out before Olivares can retrieve the property. Bernabei was ruling on a motion by Herrmann seeking direction on how to return the assets after a June 10 court order dismissed the state's forfeiture complaint. At the June 10 hearing, Munoz said, "I assume, the truth be told, the reason they got stopped is because the truck had Mexican plates." Herrmann, who said Tuesday he still was not convinced the assets were not involved in the drug trade, wanted to know whether to return the truck and money to Olivares or to the 19 individuals Olivares said entrusted him with the cash and money orders to take to family members living in Mexico. Munoz asked Bernabei to return the assets to Olivares for several reasons. Olivares' family already has paid back about half of the $44,225 to families of the workers, Munoz said. Some of the 19 individuals, most who speak no English, might be too frightened to travel to Bureau County, and it might be difficult to locate others. Munoz said his client was immediately, "going to pay off the rest of the families they still owe money." "But the economic concerns are secondary here," Munoz said. "The psychological toll that has been taken and the mental stress . . . But more than anything else they just couldn't believe in America that police can seize personal assets. "I think it's safe to say he'll never drive through Bureau County again." Munoz and two friends were westbound on I-80 after visiting friends and family in Chicago, when a state police master sergeant stopped the men for allegedly speeding. Though the officer only gave the driver a warning ticket, he took the trio in for questioning after finding $14,800 in money orders and almost $30,000 in cash on the men. Police later released the men but kept the money and truck. Munoz said his client immediately contested the seizure. The statements from all three men about transporting money from Mexican workers in Chicago to their families in Mexico never have changed. And, police found no drugs, no secret compartments and no positive hits by a drug dog. "There was nothing to suggest they were involved in the drug trade," Munoz said. "There should not have been a seizure." Herrmann said he will continue to encourage aggressive patrols of I-80 for drug trade activity. Bureau County started actively using the Drug Asset Forfeiture Procedure Act when it became law in 1990. Since that time, the county has seized in excess of a million dollars in assets. "Any time we find drugs, money or vehicles we believe were used in facilitating the drug trade, we will ensue forfeiture proceedings," Herrmann said. - --- MAP posted-by: Larry Seguin