Pubdate: Sat, 15 Oct 2005
Source: Las Vegas Sun (NV)
Copyright: 2005 Las Vegas Sun, Inc
Contact:  http://www.lasvegassun.com/
Details: http://www.mapinc.org/media/234
Author: Brian Wargo
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Cited: American Civil Liberties Union ( www.aclu.org )

ACLU OFFERS HELP IN POT CASE

Accusing Boulder City of legalized extortion, the state's American 
Civil Liberties Union has offered to help a 56-year-old woman 
convicted of misdemeanor pot possession fight the city's threat to 
seize her $400,000 home or force her to pay to keep it.

Although Boulder City, which accused Warren of selling marijuana out 
of her home, filed a lawsuit in April to confiscate her house, it 
also is discussing a deal that would allow her to keep it for a 
payment of up to $100,000.

"It would be terribly unfortunate if Boulder City was able to bully 
someone into paying a fine on a threat of taking their house away 
from them," said Gary Peck, Nevada ACLU executive director.

Peck said his organization is willing to work for free with Warren's 
attorney, John Lusk, in resisting the Boulder City lawsuit if Warren 
decides to fight it in court. National ACLU officials also have 
expressed interest in getting involved in the case, he added.

Lusk has spoken with the ACLU but declined to say whether he will 
take up its offer. Stressing that his first obligation is to protect 
Warren's interests, Lusk noted that a trial could be expensive and 
carries the risk of losing the home.

Peck agreed that it might be in Warren's best interest to settle the 
case because of the uncertainties of any court case.

"I would think she would have a strong case in the court of law," 
Peck said. "She certainly has a strong case in the court of public opinion.

"It demonstrates how misguided asset-seizure laws are and underscores 
the way in which the war on drugs is a war on the American people. 
This is a woman accused of having six marijuana plants in her house. 
The effort to seize her house is disproportionate to the offense."

Boulder City Attorney Dave Olsen said Lusk told him about the ACLU's 
interest in the case, but added that will not affect the negotiations.

"The ACLU is a very important part of our (American) process," Olsen 
said. "They get involved in constitutional issues, and you need to 
respect that. But merely hearing the ACLU rattling sabers does not 
cause any fear. We feel we have a very good case on this one."

Olsen, who said he is willing to settle because he, too, always runs 
the risk of losing in court, said Friday that he will seek a 
settlement of between zero and $100,000.

Lusk, who has suggested a token payment, declined to say what it will 
take to settle the case. But he emphasized that his client would not 
pay $100,000.

"If that's the number, a settlement wouldn't get off the ground," Lusk said.

Olsen said he is interested in a settlement that would at least 
recoup the costs of the police investigation and surveillance and 
other expenses that led to a raid of Warren's home in April. He said 
he does not know what that specific figure is.

If the two sides cannot reach an agreement, the city will take the 
case to court, Olsen said.

Warren was originally charged by the Clark County district attorney's 
office with possession of marijuana with intent to sell and 
conspiracy to possess marijuana, both felonies. Rather than take the 
case to court, the district attorney plea bargained it to a 
misdemeanor possession charge that required Warren to pay a $500 fine 
to complete drug counseling.

Nevada ACLU attorney Allen Lichtenstein called Boulder City's attempt 
to extract a payment as high as $100,000 improper use of forfeiture 
laws, which he says were designed to go after organized crime. When 
such laws were enacted across the nation during the past three 
decades, civil libertarians feared they would be abused in this 
manner, he said.

"This kind of case is an abuse of power," Lichtenstein said. 
"Regardless of the outcome, to put a house in jeopardy has a chilling 
effect on the public. The laws were never intended for this kind of case."

Olsen, though, said the forfeiture laws were not designed only for 
tackling organized crime. He said selling drugs in a small community 
like Boulder City is a threat to the community, especially its youth, 
and taking someone's house sends a message that it will not be tolerated.

"If you tell someone we are doing this for someone possessing a small 
amount of marijuana it sounds terrible, but if you say there is 
commercial marijuana growing in one room of the house, it sounds a 
whole lot different," Olsen said.

Peck said state legislation passed in 2003 made it tougher for 
authorities to seize property. Boulder City's pursuit of Warren's 
home, he added, demonstrates that further changes are needed.

"No one in the public is going to rest easier if they take her house 
away," Peck said. "If you are somehow trying to claim this is a 
powerful deterrent, that is ridiculous."
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