Yak Attack

A place to unwind and spend some time yakking.

Friday, April 07, 2006

Forfeiture: Now looking into the Gift Horse's Mouth

Goobermint lawyers sought two defendants' gold caps, granted in a seizure warrant. According to the KOMO TV news article, the defendants were transferred from the Federal Detention Center they've been held at to the US Marshall's office, where they were informed that they would be transported to a dentist for the removal of the caps.

The goobbermint folks claim that they thought the caps were "snap on," like a retainer. If that's the case, why would they need to take the defendants to a denist for removal? Wouldn't the two men be able to remove the caps themselves?

After the against-their-will-dental patients contacted their defense lawyers, a motion to stop the seizure was made and granted. Since then, I guess a permant stay of seizure has been granted in this case.

Check out the quote in the article from Richard J. Troberman, a forfeiture specialist and former president of the Washington Association of Criminal Defense Lawyers:
"I've been doing this for over 30 years and I have never heard of anything like this. It sounds like Nazi Germany when they were removing the gold teeth from the bodies, but at least then they waited until they were dead."


At 6:26 AM, Blogger Don Bangert said...

The quote I really liked was:
According to documents and lawyers involved in the case in U.S. District Court, Flenard T. Neal Jr. and Donald Jamar Lewis, charged with several drug and weapon violations, were taken on Tuesday from the Federal Detention Center to the U.S. marshal's office, where they were told the government had a warrant to seize the grills.
Note that it said "charged with" and not "convicted of". These guys may still be cleared of any wrongdoing.

The government is so anxious to confiscate their possessions that it can't even wait for a proper conviction. It's actions indicate their belief that these guys are guilty and will need to prove their innocence in order to get their stuff returned to them.


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