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Tuesday, March 17, 2009
Ind. Courts - "McKinney won't have to repay DTF money"
Rick Yencer reports today in the Muncie Star-Press in a story that begins:
MUNCIE -- Delaware County Prosecutor Mark McKinney will not have to repay any money he seized on behalf of the Muncie-Delaware County Drug Task Force, a second judge has ruled.Delaware Circuit Court 4 Judge John Feick vacated a court order last week requiring McKinney and the Industrial Centre Federal Credit Union to repay more than $50,000 seized from Adrian Kirtz and his girlfriend, Lacie Williams, that had been frozen by the court after their arrests.
During a court hearing in January, Feick admonished McKinney, who is facing a disciplinary probe and a criminal investigation over drug forfeitures, for violating court orders and state law.
The court had ruled the prosecutor violated the freeze order on the credit union accounts by arranging money withdrawn and divided between Kirtz's attorney, Jake Dunnuck, who received $26,838, and the DTF, which received $25,212.
Citing a recent order by Delaware Circuit Court 2 Judge Richard Dailey, who rescinded orders requiring McKinney and a deputy prosecutor to repay attorney fees and forfeiture assets, Feick said both cases were intertwined and he was satisfied that other parties would ultimately decide whether drug forfeitures violated the law.
"It will be up to other parties to decide this," the judge said, referring to the Indiana Supreme Court's disciplinary commission and special prosecutor.
Posted by Marcia Oddi on March 17, 2009 11:44 AM
Posted to Indiana Courts