Pubdate: Mon, 12 Jun 2006
Source: Palm Beach Post, The (FL)
Copyright: 2006 The Palm Beach Post
Contact:  http://www.palmbeachpost.com/
Details: http://www.mapinc.org/media/333
Author: Teresa Lane, Palm Beach Post Staff Writer
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Note: MAP archives articles exactly as published, except that our 
editors may redact the names and addresses of accused persons who 
have  not been convicted of a crime, if those named are not otherwise 
public  figures or officials.

JUDGE GIVES GO-AHEAD TO 6 FORFEITURE CASES IN PORT ST.LUCIE

FORT PIERCE -- A circuit judge ruled Monday that forfeiture cases can 
proceed against six Port St. Lucie homes police say were converted 
into virtual marijuana farms, and a city attorney promised she'll 
return with more cases as the number of drug busts citywide rises weekly.

Circuit Judge Ben Bryan said there's probable cause to believe the 
six homes on Glenwood Drive, South Danville Circle, Ginger Lane, 
Independence Road, and Addie and Halibut streets were engaged in 
criminal activity after detailed testimony by police detectives, who 
have raided more than 35 so-called "grow houses" in the past month.

Although Bryan gave police immediate custody of most of the houses, 
he said suspects can work out a deal to continue living in the homes 
until the forfeiture cases are resolved.

Some property owners have hired attorneys to fight the seizures, but 
one testified Monday he no longer has money to pay his lawyer and 
another dismissed his attorney after Monday's hearing.

Police described elaborate growing operations at the six houses, 
where interior walls had been built to cordon off farming rooms from 
other parts of the single-family homes. In many cases, the growing 
and drying rooms were accessible only from an outside locked door, 
detectives said, and aluminum foil lined the walls where plants were 
being cultivated inside large pots.

Some growers tried to mask the excessive amount of electricity their 
lights were using by tampering with electric meters and wires, police 
said. Florida Power & Light Co. cut off electricity to many of the 
homes, rendering them uninhabitable.

An attorney for homeowner [Name redacted]said [Name redacted] would 
like to remain in his house with his common-law wife and two 
children, but can't afford to repair the electrical system.

[Name redacted] is the only property owner who has obtained a 
homestead exemption on his house, and an assistant city attorney for 
Port St. Lucie conceded she will have to drop the forfeiture claim 
against his home at 169 S.W. South Danville Circle if the exemption 
is declared valid.

Previous court cases have protected property owners from seizure if 
their homes have a valid homestead exemption, Assistant City Attorney 
Gabrielle Taylor said.

The probable cause findings were the first in a lengthy seizure 
process that could end in trials.

Although Taylor told Bryan to expect more seizure cases, she declined 
to say how many of the estimated three dozen homes the city will try 
to acquire.

Bryan also found probable cause Monday to continue seizure cases 
against two vehicles suspected of being used in the illicit farming activities.
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MAP posted-by: Beth Wehrman