Pubdate: Wed, 03 Aug 2005
Source: Daily Advance, The (NC)
Copyright: 2005sCox Newspapers, Inc.
Contact:  http://www.dailyadvance.com
Details: http://www.mapinc.org/media/1700
Author: Chris Whipple
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

AREA SCHOOLS SHOULD GET CONFISCATED DRUG CASH, JUDGE SAYS

A large sum of drug dealer cash discovered recently in a police evidence 
vault properly belongs to the Elizabeth City-Pasquotank Public Schools, a 
judge ruled Tuesday.

Judge J. Richard Parker had ruled in April that the Elizabeth City Police 
Department could use the $34,000 to purchase evidence tracking software and 
investigate drug crimes. Parker reversed himself Tuesday, however, after an 
attorney for the school district argued the money should rightfully go to 
the local schools.

The state Constitution provides that penalties, forfeitures and fines 
collected for penal crimes must be used by the public schools in the 
counties in which the crimes occurred.

District Attorney Frank Parrish argued that the money was not collected 
from court-imposed fines but as evidence. Therefore, the money can be 
disposed of in any way a judge or magistrate sees fit, he said.

However, the attorney for the Board of Education, L.P. Hornthal Jr., argued 
Tuesday that the seized property did in fact amount to drug forfeitures.

"I don't think they can get around the case law, I don't think they can get 
around state statutes, I don't think they can get around the state 
constitution in this matter," Hornthal said, referring to Parrish and City 
Attorney Bill Morgan. "I believe it's pretty straight-forward."

The money turned up when the Elizabeth City Police Department did an 
inventory of evidence in the vault. They uncovered a total of $34,677 in 
cash, believed to have been confiscated during drug seizures dating back to 
1989, when the last inventory was taken.

Chief William Anderson publicly advertised the money, as the law requires, 
but no one stepped forward to make a claim.

After Pasquotank County Sheriff Randy Cartwright questioned why the money 
was not going to the schools, County Manager Randy Keaton brought the 
matter the attention of the school board.

Reached later at his office, Keaton said he's sure the local school 
district can use the $34,000.

Parrish, who helped argue the case for the ECPD, said he had no interest in 
the $34,000 other than to help ensure that it ends up where it rightfully 
belongs.
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