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Tuesday, August 19, 2008

Ind. Courts - Report issued Monday by Delaware Circuit 2 Judge Richard Dailey

Rick Yencer of the Muncie Star-Press reports today:

Delaware County Prosecutor Mark McKinney acted deceitfully in using confidential settlements to distribute and spend seized money and property from accused drug dealers, according to a report issued Monday by Delaware Circuit 2 Judge Richard Dailey.

"McKinney's actions are purposeful, deceitful, and directly against the interests of his clients, the Muncie Common Council and Delaware County Council," the judge wrote in the findings of his probe on civil drug forfeitures. "He knowingly and willfully violated a court order and sought to conceal this action from the court."

McKinney on Monday evening issued a statement denying "any effort to mislead or deceive anyone."

That is just the beginning of the long story. The 16-page "Findings and Report" issued by Judge Dailey is also available via the Star-Press.

A second story today by the same reporter begins:
Confidential settlements between the Muncie-Delaware County Drug Task Force and accused drug dealers were not the only way local courts were bypassed in the seizure of money and property.

In examining cases from over the past decade, Delaware Circuit Court 2 Judge Richard Dailey found 140 abandoned property affidavits, executed by Muncie police in charge of their property room or DTF officers, to distribute money and property seized from alleged drug dealers.

There were instances where property was declared abandoned while forfeiture cases were pending and owners of the property and their counsel were present and engaged in litigation, Dailey wrote in a 16-page report on civil drug forfeiture cases.

Posted by Marcia Oddi on August 19, 2008 09:51 AM
Posted to Indiana Courts