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Wednesday, July 16, 2008

Ind. Courts - Judge to significantly broaden extent of drug forfeiture probe

Updating this ILB entry from July 13th, Rick Yencer of the Muncie Star-Press reports today in a story that begins:

Delaware Circuit Court 2 Judge Richard Dailey intends to widen the scope of a drug forfeiture probe after finding 80 more cases during 1996-99 involving then-deputy prosecutor Mark McKinney where no court action was taken.

"We are going to open every case that has to do with forfeiture," said Dailey, explaining as many as 350 cases could ultimately exist.

The Indiana Supreme Court gave Dailey the authority last week to hear and act on an initial 54 cases where the local drug task force and most times McKinney, acting as their attorney, seized money and property from drug dealers, sometimes with confidential agreements and without court orders or any adjudication of law enforcement costs, as required by law.

Dailey plans to conduct more hearings to dispose of forfeiture cases being reviewed by his staff to ensure future seized property and cash goes to local government general funds or common school funds, according to state law. The DTF has been using seized assets to run its operation, pay other law enforcement costs, including a fitness gym at city hall.

Posted by Marcia Oddi on July 16, 2008 11:37 AM
Posted to Indiana Courts