Pubdate: Fri, 31 Dec 2004
Source: Benton County Daily Record (AR)
Copyright: 2004 Community Publishers, Inc.
Contact:  http://www.recordtimes.com/dailyrecord/
Details: http://www.mapinc.org/media/1087
Author: Tracy M. Neal
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MAN SEEKS RETURN OF ITEMS SEIZED DURING ARREST

BENTONVILLE - A Benton County man wants deputies to return items
supposedly seized from him when he was arrested for growing marijuana
in his home.

Larry James Yale filed a motion earlier this month seeking the return
of guns, money, medication and other items that were seized by deputies.

Yale was arrested June 19, 2003, after authorities received a tip that
he was supposedly growing marijuana at his home in the Avoca area,
according to documents related to Yale's arrest. Yale, 57, supposedly
had an indoor marijuana-growing operation and had smaller plants
outside his residence, the documents state.

Yale, who has multiple sclerosis, claimed he used the marijuana for
medical purposes and in his religious practices.

Yale, 57, was charged with manufacturing a controlled substance
(marijuana), a class C felony. However, he pleaded guilty to
possession of a controlled substance (marijuana), a class A
misdemeanor, and was given a one-year suspended sentence. He was
ordered to pay $250 in court fees.

Yale filed a motion Dec. 8 seeking a return of a Marlin. 22 caliber
semiautomatic rifle with a scope and a Clerke. 22 caliber 5-shot
revolver. Yale claims the guns are family heirlooms. He also wants the
court to order the return of $200 and 20 $2 bills that he had been
saving since 1987 for his children.

Yale also claims deputies seized his antique coin collection, in which
some of the coins date back to the American Revolutionary War. Yale
estimated the value of the collection at $20,000.

Among the other items he wants returned are florescent light fixtures,
an electrical surge protector, a cigaretterolling machine, two
packages of cigarette-rolling papers, and envelopes containing
sleeping pills and prescription medication for pain relief and muscle
spasms.

Deputy Prosecuting Attorney James Roe filed a response Dec. 22 to
Yales' motion, claiming some items should not be returned to Yale, or
that the Benton County Sheriff's Office did not take the items from
his home. Roe has since left the prosecutor's office for a position in
a private practice.

Roe's motion states that Yale agreed to give up the guns when he
entered the misdemeanor guilty plea.

According to Roe's motion, deputies never seized any $2 bills or
antique coins from Yale.

Roe described other items that should be destroyed and not returned to
Yale as contraband used in the production and consumption of marijuana.

Circuit Judge David Clinger has not issued a ruling on Yale's request.
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MAP posted-by: Larry Seguin