Pubdate: Sat, 03 Jun 2000
Source: Pittsburgh Post-Gazette (PA)
Copyright: 2000 PG Publishing
Contact:  34 Blvd. of the Allies, Pittsburgh, PA 15222
Fax: (412) 263-2014
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Author: Torsten Ove

PROPERTY OWNERS SAY THEY ARE UNFAIR TARGETS IN DRUG CASE

As controversy swirls over the proposed Fifth and Forbes project for 
revitalizing Downtown Pittsburgh, owners of two of the 125 mom-and-pop 
stores Mayor Murphy has targeted for razing are facing an even more serious 
challenge than losing their stores to the wrecking ball.

The government may seize the properties as part of a drug case headed for 
trial later this month in U.S. District Court.

Akhil Kumar Mishra and his wife, Rajeshwari, owners of Novelties 
International at 130 Fifth Ave. and Hari's Karishma at 238 Forbes Ave., are 
under indictment on charges of trafficking in drug paraphernalia at the shops.

The Mishras, vocal critics of the mayor's redevelopment plan who say they 
are being unfairly targeted, may lose their property to federal forfeiture 
if convicted. The trial is scheduled to start June 19.

At a pre-trial hearing yesterday before U.S. District Judge Robert 
Cindrich, the couple's attorney, Carl Max Janavitz, tried to poke holes in 
the prosecution's case, saying a 1998 raid was illegal and arguing that the 
Mishras are being singled out for selling the same kinds of pipes and 
lighters as many Internet distributors who are not prosecuted.

Assistant U.S. Attorney Bruce Teitelbaum argued that the raid was justified 
and said that Akhil Kumar Mishra ignored a federal judge's order at a 
previous sentencing to stop selling drug-related items.

The case against the Mishras began on Sept. 16, 1998, when Pittsburgh 
police raided Hari's Karishma in search of fake designer-label clothes and 
found the drug paraphernalia. A week later, Drug Enforcement Administration 
agents conducted their own raid and seized pipes, scales, bags and other items.

Based on the DEA raid, a grand jury handed up an indictment against the 
couple that seeks forfeiture of the shops.

Janavitz maintains that evidence from the DEA raid should be suppressed 
because an Allegheny County Common Pleas Court judge has already granted a 
motion to suppress evidence from the city's raid, declaring it illegal.

Teitelbaum said the federal raid was not tainted by that ruling and the 
federal case stands on its own, especially since it is based in part on 
statements from informants who said they had bought drug paraphernalia at 
the shops for years even while Mishra was on probation for an earlier 
conviction.

Janavitz's other main argument is that Akhil Kumar Mishra is the victim of 
selective prosecution because he is a property owner with assets, unlike 
most paraphernalia shop owners who rent space. He said that's why the 
government hasn't included a third Mishra shop, this one rented in a 
building in Market Square, as part of its case.
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MAP posted-by: Keith Brilhart