Pubdate: Sun, 12 Mar 2000
Source: Augusta Chronicle, The (GA)
Copyright: 2000 The Augusta Chronicle
Contact:  (LTEs from GA & SC only)
Address: 725 Broad Street, Augusta, GA 30901
Website: http://www.augustachronicle.com/
Author: Sandy Hodson

CONVICT'S FATHER FIGHTS FORFEITURE

At age 76, Lewis Covar Sr. has never used illegal drugs or committed
any felony offense, but local prosecutors have filed a forfeiture suit
to take his property because his son has.

The property is a home valued at $53,200 that Mr. Covar bought for his
quadriplegic son. According to a civil forfeiture claim filed March 3
in Richmond County Superior Court, Mr. Covar's son used the Fernwood
Circle home to facilitate the possession and sale of marijuana and
Valium.

"Edward's (Lewis Edward Covar Jr.) 51 years old. I couldn't come over
here every day and ramble through his things," the senior Mr. Covar
said. "I don't know how he got his stuff. He would never let me catch
him smoking (marijuana), and nobody was ever going to smoke when I was
in there."

Mr. Covar's son, who has three prior marijuana convictions, was
arrested again for possession of marijuana Jan. 25. Mr. Covar,
paralyzed from the neck down as a result of a July 4, 1967, diving
accident, maintains he smokes marijuana to ease painful muscle spasms.
He claims the illegal drug is better because it does not put him to
sleep as the physician-prescribed Valium does.

Last month, Mr. Covar was sent to prison for seven years when a judge
revoked his probation sentence because of the January arrest. Mr.
Covar still faces an additional 10 years in prison if convicted of
that charge.

The senior Mr. Covar does not understand what that has to do with his
property.

"I saved and saved and saved to buy this house," Mr. Covar said. "It
didn't come from no dope; it came from hard work. Edward didn't have
one thing to do with this house. Everything is in my name."

Mr. Covar bought the house next door to his own home in 1982, partly
to ease his burden. Still working at that time for King Mill, he
wouldn't retire until age 70. Mr. Covar had to attend to medical
procedures for his son in addition to feeding and bathing him, buying
groceries, paying bills, taking him to the doctor and doing the
house-cleaning and laundry, the father said.

And for the past few years, Mr. Covar also has had full responsibility
for the physical needs of his wife, who suffers from
Alzheimer's.

District Attorney Danny Craig, who filed the forfeiture for Mr.
Covar's property, said state law gives him the authority to take
property used to facilitate drug crimes.

"In this case that is what the property was used for," he
said.

When the person who owns the property is not the one accused of
wrongdoing, as in the elder Mr. Covar's case, the state is required to
prove he knew or had reason to know of the illegal activity, Mr. Craig
said. He says his office has basis for the forfeiture claim.

Although the vast majority of forfeiture actions he files involves
items such as cash, cars and beepers, his office has filed forfeiture
on property before, Mr. Craig said. He said his office has 11 acres in
Burke Countyand has taken a Ninth Street home used as a crack house
and a Columbia County house used as a methenamine lab.

Because forfeiture is a civil action, the prosecutor's burden of proof
is only a preponderance of evidence as opposed to beyond a reasonable
doubt. In addition, a conviction is not necessary for the prosecutor
to win a forfeiture action.

Mr. Craig said there is no difference between the crack house and
methenamine lab cases and that of Mr. Covar's, and he is obligated to
file property forfeitures in any case warranted. He often decides not
to seek forfeiture when the value of the property does not exceed the
lien or mortgage, he said.

"That sounds horribly unfair to me," Augusta attorney David Weber said
of the Covar forfeiture case. "I don't think that's what the
legislators envisioned when they passed the civil forfeiture bill.
(Taking the property) is taking it to the extreme.

"I'm familiar with (the younger Mr. Covar's) cases. The man just
cannot continue to defy the court, but he's the one who should pay the
price, not his father."

The local drug officer who led the armed raid on the younger Mr.
Covar's home in January insisted he was selling and using marijuana
and was a nuisance in the south Augusta neighborhood.

"We have been bothered for years. It's like a drive-through
restaurant," said a neighbor, Clinton Moffat. Mr. Moffat complained
media coverage of the younger Mr. Covar painted him as a victim when
it's he and other neighbors who have been victimized.

Some of the people who go to the younger Mr. Covar's home leave
children unattended outside, and drivers drive on the wrong side of
the road and drive cars without proper license tags, Mr. Moffat complained.

He says Mr. Covar should be imprisoned and applauds the prosecutor's
attempts to take the house.

Some neighbors, however, said they didn't have a problem with the
younger Mr. Covar.

"They didn't bother me," a nine-year resident, Bernice Thorn, said.
"Some people are just nosey and always into other people's business."

The senior Mr. Covar said he will challenge the forfeiture
action.

"I'm going to fight," he said. "They might think I'm dumb, but I'm
not. We just worked and tried to make the best of our lives."
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