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Tuesday, August 12, 2008

Ind. Courts - More on Delaware County Courts drug forfeitures and related matters

The last story the ILB posted on the Delaware County courts' drug forfeiture and related issues was Aug. 8th. Today the Muncie Star-Press has two more stories. In the first, Rick Yencer reports:

Delaware County Prosecutor Mark McKinney on Monday accused Judge Richard Dailey of acting on behalf of local attorney Michael J. Alexander, who faces a bribery-related charge.

Dailey quickly denied that allegation, and later paraphrased the New Testament in calling into question McKinney’s participation in drug forfeiture cases.

The remarks came during the latest in a series of hearings the Delaware Circuit Court 2 judge has conducted on secret, out-of-court agreements that settled some civil forfeiture cases targeting the assets of accused drug dealers.

Dailey — expected this week to issue formal “findings” of his investigation — perhaps provided a preview of that document Monday when he told McKinney he “can’t put yourself in the place of the court” in the seizure and division of personal property. “It requires a court adjudication,” Dailey said. “That money is forfeited by whose mandate?”

The judge also said he saw a conflict of interest in McKinney’s roles as prosecutor and private attorney representing the Muncie-Delaware County Drug Task Force in forfeiture proceedings.

“The public official by virtue of having a contingent fee has an interest in that contract,” Dailey said. “It goes back to Biblical times. You can’t serve two masters.”

In the second story, Douglas Walker reports:
Muncie attorney Michael J. "Mick" Alexander's trial on a conspiracy-to-commit-bribery charge, which was set to begin next week, has been postponed.

Special Judge Brian Hutchison of Jay County on Monday granted a request from Alexander's attorney, Donald McClellan, for a continuance.

McClellan noted at a Friday hearing he had not yet been able to take depositions from two key prosecution witnesses, Adrian Kirtz and Stanley D. Wills.

Posted by Marcia Oddi on August 12, 2008 08:38 AM
Posted to Indiana Courts