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Thursday, July 24, 2008

Ind. Courts - "Judge orders drug task force to return $25,000"

Continuing his reporting on the drug forfeiture investigation in Delaware County, Rick Yencer of the Muncie Star-Press writes today:

The Muncie-Delaware County Drug Task Force was ordered Wednesday to return $25,212 seized without a court order and spent in violation of state law from high profile fugitive Adrian Kirtz.

Delaware Circuit Court 4 Judge John Feick found that the transfer of Kirtz's money and property by a confidential settlement signed by the DTF's attorney, county Prosecutor Mark McKinney, and Kirtz's defense attorney, Jacob Dunnuck, clearly violated Feick's order in December 2006 to freeze those assets.

The DTF deposited the money in an off-the-books checking account that was shut down last year by the State Board of Accounts after auditors found seized money and assets were not going to local government general funds or common school funds. For years, the DTF spent the money on its own operation, and last year made downpayments on two new SUVs used by undercover officers.

Feick ordered the $25,212 deposited with the county clerk under the seizure case filed the DTF filed against Kirtz, who was arrested on cocaine dealing charges, based on a probable cause affidavit signed by former city DTF supervisor Jess Neal, a Muncie patrol officer who also works in the prosecutor's office as an infraction deferral coordinator. * * *

Delaware Circuit Court 2 Judge Richard Dailey had informed Feick of how DTF and McKinney seized and dispersed money in the Kirtz case. Dailey is conducting an investigation into whether the DTF and McKinney committed fraud in handling drug seizure and forfeiture cases.

Feick said Wednesday he was undecided on how to review more than 75 other seizure and forfeiture cases in his court. A list of those cases show many were dismissed or had default judgments entered, although a handful are still pending.

For background on the Delaware County DTF issues, start with this ILB entry from July 18th.

Posted by Marcia Oddi on July 24, 2008 11:50 AM
Posted to Indiana Courts