Pubdate: Fri, 23 Apr 1999 Source: Commercial Appeal (TN) Copyright: 1999 The Commercial Appeal Contact: 901-529-6445 Mail: Box 334, Memphis, TN 38101 Website: http://www.gomemphis.com/ TRUCK SEIZED IN MISS. DRUG ARREST RETURNED TO OWNER The Mississippi Supreme Court on Thursday returned to a Pontotoc man a pickup seized by the city of New Albany following a 1995 drug arrest. Chief Justice Lenore Prather said Ricky Galloway's situation falls under the innocent owner exception to the state's forfeiture law and the seizure of the truck violates the excessive penalty provision of the Mississippi Constitution. Galloway had argued in his appeal to the court that the vehicle should be returned because the charges were dismissed. Galloway contended New Albany officials refused to return the truck despite evidence showing he was innocent of the drug charges. According to court records, Galloway's pickup was seized after a narcotics agent pressured Galloway's then-wife to sell him some of her prescription medicine. The truck was used to deliver the medicine. Galloway, a furniture plant worker, argued he had no knowledge that his then-wife was selling her pain medicine when he drove her to meet her ex-husband and believed she was collecting a child support payment. In July 1998, Circuit Judge Barry Ford dropped Galloway's drug charges saying there was "no evidence" of Galloway's involvement in a drug deal. Galloway's then-wife, who had told officials Galloway knew nothing about her trans-action, was also acquitted of her charges when a jury ruled she was entrapped in the drug deal. Despite dismissal of the charges, New Albany officials continued forfeiture proceedings on Galloway's truck a month later arguing that he knew or "willfully blinded himself" to the drug sale. Circuit Judge Thomas Gardner ruled in favor of the city based on prosecutors' argument that circumstantial evidence shows Galloway turned a blind eye to the transaction. The unanimous Supreme Court disagreed. "In the case . . . the owner of the seized property was acquitted of criminal wrongdoing. There is no credible evidence to connect Ricky Galloway with the sale of drugs, a matter which had already been adjudicated in the criminal trial," Prather wrote for the court. She said the justices have previously held that forfeiture of a vehicle was grossly disproportionate - even where the property owner was found guilty of possession of a small amount of cocaine. - --- MAP posted-by: Richard Lake