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Saturday, July 12, 2008
Ind. Courts - Updating "Supreme Court issues emergency order re handling of forfeiture cases in Muncie"
Updating these three recent ILB entries, the earliest dated June 21st, Rick Yencer of the Muncie Star-Press reports today:
The Indiana Supreme Court on Friday gave Delaware Circuit Court 2 Judge Richard Dailey the green light to proceed and act in drug forfeiture cases now being investigated for alleged fraud.After a unanimous decision, Chief Justice Randall Shepard signed the order denying Delaware County Prosecutor Mark McKinney's motion to appoint a special judge to the forfeiture cases.
McKinney had maintained Dailey was exceeding his authority presiding over the more-than-50 forfeiture cases, and that the judge and his court staff were biased against the prosecutor.
Dailey in recent weeks began conducting hearings into allegations that some forfeiture cases had been settled without court orders or any adjudication of law enforcement costs, as required by law.
There also were reports of cash and assets belonging to alleged drug dealers being disposed of through confidential settlements, without any in-court forfeiture action.
In a brief -- prepared by Dailey's attorney, Peter Drumm, and city attorney Charles R. "Chic" Clark -- the judge argued he was not prohibited by trial rules from exercising jurisdiction in the cases, given that Delaware County has a unified court system that allows for transfer of cases among judges. * * *
The Supreme Court vacated an emergency order issued last month that allowed Dailey to hear but not act in the forfeiture cases. The Superior Court 2 judge now has the authority to proceed with the cases.
The Supreme Court's disciplinary commission also is investigating a complaint filed by Muncie Mayor Sharon McShurley that accuses McKinney of misleading the court by not filing proper court orders to disperse seized money and property. Those assets went into Muncie-Delaware County Drug Task Force bank and checking accounts and not to local government general funds or school common funds, as required by state law, McShurley alleges. * * *
Dailey is expected to conduct more hearings this month, reviewing contents of the DTF safe.
An inventory this week showed the safe had nearly $80,000 in cash from both pending and closed drug cases. Also in the safe was more than two kilograms of cocaine seized from Christopher Bryant, a 24-year-old Muncie man expected to plead guilty this month to federal drug-related charges in U.S. District Court.
Posted by Marcia Oddi on July 12, 2008 02:13 PM
Posted to Indiana Courts