Pubdate: Tue, 27 Aug 2002
Source: Foster's Daily Democrat (NH)
Copyright: 2002 Geo. J. Foster Co.
Contact:  http://www.fosters.com/
Details: http://www.mapinc.org/media/160
Author: Brad Morin

DOVER POLICE CHIEF WANTS DORMITORY FORFEITED

DOVER - Dover Police Chief William Fenniman said he is asking the U.S. 
Attorney's Office to seize the McIntosh College dormitory on Silver Street 
under federal drug forfeiture laws.

The action comes as Dover police and the New Hampshire Attorney General's 
Drug Task Force wrapped up a two-month investigation involving undercover 
drug transactions. Nine current or former McIntosh students are facing 
charges of drug sales or drug possession.

Fenniman went so far as to describe the dormitory at 181 Silver St. as the 
"headquarters" of the illicit activity.

"We have been consulting with the U.S. Attorney's Office and developing 
evidence to determine whether or not we can seize the dormitory under the 
federal crack house statute. Those meetings are continuing this week," 
Fenniman said.

Police already made one presentation to a criminal prosecutor in the office 
of U.S. Attorney Thomas Colantuono and another meeting is planned for 
Thursday with lawyers from both the civil and criminal divisions, Fenniman 
said.

Jean Weld, an assistant U.S. attorney who handles forfeiture claims, said 
such action could involve either the leaseholder or landlord, but they 
would have to turn a blind eye to drug activity for the property to be 
forfeited. A forfeiture would take place in a federal civil proceeding in 
which the government burden of proof is on the government.

Weld said she could neither confirm nor deny if the U.S. Attorney's Office 
was getting involved in this particular case.

McIntosh President David McGuire said he was unaware of Fenniman's actions 
regarding the property. He has said the school has made efforts to improve 
its relationship with its neighbors, including an increase in security and 
the number of live-in directors at the dormitory.

McGuire also said the school's security staff has also provided police with 
tips on illegal drug activity, one as recently as two weeks ago.

Fenniman acknowledged that information was received, but described it as 
"vague" and said he was "skeptical of the timing."

Fenniman acknowledged that starting a forfeiture proceeding against a 
college dormitory would be an extraordinary action, and there would be 
"legal hurdles."

"But we think we can get over them," Fenniman said.
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