Sep 2, 2016 | Blog, News
ST LOUIS DISPATCH
9/1/16
A disgraced former St. Louis prosecutor who admitted helping cover up a city police detective’s beating of a handcuffed man has been stripped of her law license by the Missouri Supreme Court.
Bliss Barber Worrell was disbarred Aug. 10 and no longer has a right to practice law in the state of Missouri.
She pleaded guilty in October to misprision of a felony, or helping conceal a crime. She admitted failing to tell supervisors and a judge what she knew about the officer’s attack, and also admitted helping file a bogus charge against the victim.
Worrell said she was repeatedly told by then-detective Thomas A. Carroll that he had beaten Michael Waller and stuck a gun in his mouth, possibly chipping his teeth. It happened at a police station in 2014, after other officers caught Waller with a credit card stolen from Carroll’s daughter’s car.
Worrell would later help file charges against Waller, including attempted escape. Those charges were dropped after other prosecutors approached supervisors with concerns that the case was a sham, according to court testimony.
As part of the plea agreement, prosecutors recommended probation if she testified truthfully in court. She testified against Carroll in a two-day hearing. The former officer was sentenced in July to 52 months in federal prison.
The next day, Worrell was sentenced in U.S. District Court to 18 months on probation and 140 hours of community service.
Worrell was hired in the prosecutor’s office in August 2013 and left her job in late July 2014 amid internal and criminal investigations into allegations of misconduct. She is the daughter-in-law of former St. Louis Cardinals pitcher Todd Worrell.
Blog Article with pics PDF
News Link Article
If you or someone you know is facing charges as a result of Medical Marijuana recommended to you as a medical marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected. Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation at 800-656-3557.
www.komornlaw.com
Aug 26, 2016 | Blog, Forfeiture, News
2015 Michigan State Police Asset Forfeiture Report Final
Final stats for 2014 for Michigan Police Agencies who decided to report asset forfeitures. Many did not…So one would imagine the stats are not transparent and true.
STATUS QUO
Aug 26, 2016 | Blog, Forfeiture, News
A state court has broken up one of the biggest theft rings in Michigan.
The state Supreme Court should let the ruling stand and the Legislature should enshrine it in law.
The Michigan Court of Appeals recently ruled that a key provision of the civil forfeiture law violates the due process rights of defendants.
It is a welcome decision and long overdue. State and local law enforcement agencies use civil forfeiture to steal the property of people who not only are never convicted of a crime, but often are never even charged with one.
It is a perversion of justice that should have never passed constitutional muster.
The appellate court ruled in the case of Shantrese Kinnon, who was arrested along with her husband in Kent County on drug charges.
After searching the couple’s home, police seized several pieces of property, including an SUV, a pickup, a motorcycle, laptop computer and $400 in cash.
That’s become standard operating procedure for drug arrests. Officers move through a home like burglars, grabbing everything of significant value under the pretense they might have been purchased with the illegal gains from narcotics trafficking.
But the Kinnons were never convicted of the charges for which they were arrested, nor for any other crime.
And yet when Shantrese Kinnon challenged the property seizures and tried to get her vehicles and other valuables returned, she couldn’t because she was unable to post the required 10 percent bond.
In her case, that amounted to $2,000, which she didn’t have.
In most forfeiture cases, even if the person whose property was taken can post the bond, getting their stuff back can still cost hundreds or thousands of dollars because it most often requires hiring an attorney and paying other fees.
So in effect they are being punished without being convicted. Often, defendants choose to let police have their belongings rather than go through the long and expensive process of getting it back.
It’s a lucrative scheme for law enforcement agencies. A report from the Michigan State Police found that in 2014 forfeitures netted police departments $24 million.
And they get to keep it all. For most departments, revenue from property seizures makes up a significant part of their budgets.
That creates a perverse incentive for agencies to grab as much property as they can, and do everything possible to hang onto it, even bargaining with defendants to drop charges in exchange for their seized assets.
Forfeiture is legalized theft, and should not be part of a legal system that purports to value justice.
If a defendant is convicted of a crime and prosecutors can make the case that the proceeds of the illegal activity were used to purchase property, an argument can be made for seizure. But that should come only after conviction.
Rep. Peter Lucido, R-Shelby Township, has introduced a bill to eliminate the bond requirement on forfeiture challenges. That’s a good first step.
The Legislature should pass broader reforms that get police entirely out of the business of stealing other people’s property.
11:25 p.m. EDT August 23, 2016
If you or someone you know is facing charges as a result of Medical Marijuana recommended to you as a medical marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected. Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation at 800-656-3557.
www.komornlaw.com
Aug 25, 2016 | Blog, Forfeiture, News
The Justice Department recently announced that it is resuming the “equitable sharing” part of its civil asset forfeiture program, thus ending one of the major criminal justice reform victories of the Obama administration.
Civil asset forfeiture is a legal tool by which police officers can seize and sell private property without a convicting the owner of any crime, and equitable sharing is a process by which state and local police can circumvent state restrictions on civil asset forfeiture and take property under the color of federal law.
It may sound like a scene from a dystopian novel, but under civil asset forfeiture, a police officer can pull you over, claim he smells marijuana, and then take all the cash you have — and maybe even your car, too. Getting your property back requires going through lengthy court procedures to prove that the property is “innocent.”
Back in December, after Congress enacted reductions to the Justice Department’s civil asset forfeiture fund by $1.2 billion, the Justice Department announced that the program was being deferred until further notice.
Criminal justice reform advocates hailed this as a major victory, but Attorney General Loretta Lynch said that it was “imperative” that the “decision to suspend the equitable sharing program be immediately reconsidered.” The Justice Department now says that “it was always our intent to resume payments as soon as it became financially feasible.
… And now, we are finally at a point where it is no longer necessary to continue the deferral.”
Over the past decade and a half, civil asset forfeiture has exploded, and federal incentives have played a large role in that transformation. Last year, American police seized more private property than actual thieves.
The Justice Department’s forfeiture fund has provided a huge financial boon to the federal government. The Institute for Justice notes that the federal government “took in nearly $29 billion from 2001 to 2014, and combined annual revenue grew 1,000 percent over the period.”
Because federal forfeiture policies allow local police to keep up to 80 percent of what they seize, abuses are rampant. When police are allowed to directly benefit from seizing assets, stark injustices can occur.
For example, an art gallery party in Detroit was raided in 2008 because the “gallery did not possess a proper license to hold such an event.” Police seized and impounded 44 vehicles parked on the adjacent street.
Outrage over this incident lead to Michigan officials passing a law to raise the evidentiary standard in state asset forfeiture proceedings. Now, to avoid the restrictions of that legislation, all local police will need to do is involve federal officials, entitling them to equitable sharing in the program.
Under the federal civil asset forfeiture program, state and local police are encouraged to join in federal drug investigations because their participation entitles them to a large portion of the seized assets — dispersed from the equitable fund.
While that may seem like good policy, without proper restraints it simply means the states are just as encouraged as the federal government to seize money from private citizens without just cause.
Through programs like granting clemency to nonviolent drug offenders, the Obama administration has made important strides in reigning in our oversized and overused criminal justice system. Resuming the equitable payment system is an unfortunate step in the wrong direction.
Trevor Burrus is a research fellow and Randal John Meyer is a legal associate at the Cato Institute’s Center for Constitutional Studies.
If you or someone you know is facing charges as a result of Medical Marijuana recommended to you as a medical marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected. Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation at 800-656-3557.
www.komornlaw.com
Aug 24, 2016 | Blog, Forfeiture, News
Innocence until proven guilty should also mean an individual isn’t punished until guilt is established in court. But in Michigan and other states, a suspect can lose property and cash without ever even being charged with a crime.
A package of bills voted unanimously out of committee would establish a higher threshold for civil forfeitures. But it should be toughened to require a conviction before property is taken.
A new report released jointly by the conservative Mackinac Center for Public Policy in Midland and the liberal Michigan ACLU clearly illustrates the problem with forfeitures. That the two often ideologically opposed organizations can find unity on this issue makes the case that reform is needed much stronger.
As the joint report notes, under criminal forfeiture property can’t be kept by government until the owner’s guilt is established beyond a reasonable doubt.
But the standard is much lower for civil forfeitures. State law allows law enforcement to take property merely suspected of attached to an illegal activity, and without the defendant ever having his or her day in court. The requirement is only that there be a “preponderance of evidence” that a crime has been committed.
Consequently, many people have been forced to pay huge fines and fees to retrieve their possessions, even though they were never convicted or even charged with a crime.
“When the government can transfer property from citizens to the state without proving wrongdoing, there is clearly something wrong,” said Jarrett Skorup, a policy analyst with the Mackinac Center and co-author of the report. “The foundation of good government is private property rights and the rule of law — civil forfeiture violates both of these.”
A recent study from a national group, Fix Forfeiture, concluded Michigan’s forfeiture laws are among the most abusive in the country.
Local law enforcement agencies are using civil forfeiture to supplement their budgets and pay for specific programs. That provides a perverse incentive to seize property.
From 2009 to 2013, Michigan law enforcement agencies reported $123.5 million in drug-related forfeiture proceeds.
At least another $149 million was taken by Michigan law enforcement agencies from 2001 to 2008, an average of about $18 million per year.
That means more than $270 million has been seized from Michigan residents since 2001. Since these figures only include forfeitures related to drug crimes, the total value of property seized is likely far greater.
The pending Michigan bills raise the burden of proof standard for determining when property is seized to “clear and convincing evidence,” and requires police agencies to track and report seizures. That should result in fewer takings.
But they do not require a conviction before a seizure, and that is a major flaw that must be corrected. And they also allow agencies to continue the practice of using seizures to fund their operations.
Still, this package is a good start. Efforts should be made to improve the bills to better protect civil liberties.
11:30 p.m. EDT October 5, 2015
Aug 24, 2016 | Blog, Forfeiture, News
Michigan police agencies seized some $23.9 million last year from suspected drug traffickers, according to a forfeiture report released by the Michigan State Police.
Subtracting costs and shares of assets paid out to partnering organizations, state law enforcement agencies netted $20.4 million, according to data disclosed last month in the Michigan State Police 2015 Asset Forfeiture Report. Those numbers are about even with what MSP declared in its report covering 2013, when $24.3 million in assets were seized, netting $20.2 million. In 2012, $26.5 million in assets were forfeited, with $22 million netted.
However, figures from Michigan’s drug asset forfeiture program, which focuses on the seizure of cash and property assets of drug traffickers obtained through illegal activity, may be undercounted.
Of the 686 law enforcement agencies in Michigan that were sent a Government Asset Forfeiture Report form, 56 agencies failed to respond (there is no penalty for not responding), said Shanon Banner, a spokeswoman with the Michigan State Police.
Of the responding agencies, 332 reported asset forfeitures and 298 reported none.
Not a single county prosecutor’s office of the 69 that filed reports with the state reported asset forfeitures; prosecutors in 14 of Michigan’s 83 counties did not file reports.
Prosecutors in Wayne, Oakland and Macomb counties did write reports, Banner said.
The vast majority of forfeitures proceeded via “administrative forfeiture” rather than the circuit court system.
Among local police agencies, 81 percent of cases were handled by administrative forfeiture. Among multijurisdictional task forces, the proportion of cases handled that way was 72 percent.
Some 70 percent of Michigan State Police forfeiture proceedings were handled this way, as were 85 percent of those initiated by the state’s 83 sheriff’s offices.
Victor Fitz, Cass County prosecutor and immediate past president of the Prosecuting Attorneys Association of Michigan, explained the administrative asset forfeiture procedure: When property is seized, its owner is sent notice and can contest the seizure within 20 days. If that happens, the case proceeds through the circuit court system. If the owner fails to do so, he or she forfeits ownership to the seizing agency.
Asset forfeitures are a civil, not criminal, process, Fitz said, because the target is property, not an individual. That’s why property can be seized even when criminal charges are not filed.
“A lot of times, people don’t want to throw good money after bad” by pursuing a court hearing they will likely lose, Fitz said.
The current standard for asset forfeitures is “a preponderance of the evidence.”
But if the forfeiture reform passed unanimously by the Michigan Senate last week becomes law, that standard will shift to “clear and convincing evidence.” That is above a preponderance but below the “beyond a reasonable doubt” standard required in criminal cases.
Gov. Rick Snyder’s signature is the last remaining hurdle to the measure becoming law, and he is “starting a thorough review before making a decision how to proceed,” spokesman Dave Murray said Friday.
The Prosecuting Attorneys Association of Michigan supports the Senate reform, Fitz said, along with its reporting requirements. A higher standard and additional transparency should ensure that seizures “remain viable” as a law enforcement tool, he said.
A move to a clear and convincing standard would be a “step in the right direction,” said defense attorney William Maze, who has worked dozens of asset forfeiture cases in Wayne County. But Maze said a better reform would be barring forfeiture proceedings until after a conviction has been obtained.
One of Maze’s clients was visiting a friend in Detroit when police came to serve a drug search warrant. Because the woman was present when the warrant was served, police swept her into the action and filed notice to seize her car. Maze was able to get the car back, but pointed to that example as an abuse of the forfeiture system.
Oakland County Sheriff Michael Bouchard said his office works “hand in glove” with Oakland County Prosecutor Jessica Cooper in forfeiture matters.
The prosecutor’s office handles all sheriff’s office forfeiture cases in circuit court, and Bouchard said the offices take a conservative approach. He cited the case of an Oakland County business that was selling drugs, but also had legitimate business income. The sheriff’s office did not push for seizure of the business due to that legitimate income.
Bouchard was an advocate for the reform the Legislature passed. He believes the “clear and convincing evidence” standard demands a “tangible connection to criminality” that will lessen abuses.
“Being in the room doesn’t mean there’s a nexus” to illegal activity, Bouchard said.
In written testimony to the House Judiciary Committee in May, Ashley Duval spoke in favor of forfeiture reform.
Duval’s family farm was seized via forfeiture after a 2011 Drug Enforcement Agency raid. The family had been growing medical marijuana at the farm.
In addition to the farm, police seized “cars, medical records, cameras, video recorders, computers, guns” and more. Though Ashley Duval was never charged with a crime, her father and brother were charged and convicted, and the authorities lumped their property together. Duval wrote of feeling hopeless in the face of a seizure that would be costly to fight.
“Asset forfeiture laws need to be completely redone,” Duval wrote. “That day (of the raid) was one of the most heartbreaking, brutal days ever, watching (police) take what they wanted and not being able to do a darn thing about it.”
In Macomb County, local police seized more than $2 million in 2014, down almost $700,000 from 2013. The county sheriff’s office seized $181,619 in assets, up almost $23,000 from the previous year.
In Oakland County, local police seized just less than $1.8 million in assets in 2014, up more than $345,000 from 2013. The sheriff’s office seized $393,845 in 2014, up $32,682 from 2013.
In Wayne County, local police seized $5 million in assets in 2014, down almost $1 million from 2013. The sheriff’s office seized $525,754 in assets, down $108,000 from the year before.
Paul Walton, chief assistant to Cooper in Oakland County, said a change in the burden of proof “would make no difference in the way we proceed” in forfeiture cases. Only specialists staff the office’s asset forfeiture unit. If it’s a business in danger of being seized, the office asks for records to see if there is legitimate income.
“We’re not in it for the money,” he said. “There’s always a proportionality argument” in forfeiture cases, Walton said, meaning that what’s seized is the proceeds of criminal behavior, not property taken on a hunch or because someone was in the wrong place at the wrong time.
“That power is a pretty big sword to wield,” Walton said.
James David Dickson, The Detroit News 11:55 p.m. EDT October 10, 2015
