« Ind. Courts - Even more on: "New judge's hires stir up controversy" | Main | Ind. Courts - Johnson County Prosecutor talks about his office's temporary housing »
Tuesday, June 24, 2008
Ind. Courts - More on: Supreme Court issues emergency order re handling of forfeiture cases in Muncie
Updating this ILB entry from June 21st, Rick Yencer of the Muncie Star-Press reports today on the Muncie controversy, in a story headed "Prosecutor: Judge exceeded authority in forfeiture probe." It begins:
Delaware Circuit Court 2 Judge Richard Dailey declined to name a special judge Monday to review forfeiture cases despite arguments by County Prosecutor Mark McKinney that the judge had displayed bias and exceeded his authority."You have put yourself in the position of being a law enforcement investigator, prosecutor and judge," McKinney said about Dailey conducting hearings to determine whether fraud or theft was committed when the prosecutor's office and Muncie-Delaware County Drug Task Force seized drug forfeiture money and assets.
And McKinney defended himself during the Monday hearing, the third conducted by Dailey in the past 10 days.
"How can it possibly be alleged that I committed fraud on the court when your honor approved the process?" McKinney asked the judge.
Dailey heard more than an hour of testimony from McKinney, city attorney Charles "Chic" Clark, and attorney Michael J. "Mick" Alexander, who represents defendants in drug forfeiture cases. The judge ultimately decided he had authority to continue the hearings, subject to an Indiana Supreme Court decision on whether he can maintain jurisdiction over the cases.
Posted by Marcia Oddi on June 24, 2008 08:47 AM
Posted to Indiana Courts