Pubdate: Fri, 18 Jul 2008 Source: Star Press, The (Muncie, IN) Copyright: 2008 The Star Press Contact: http://drugsense.org/url/m0DXtEYZ Website: http://www.thestarpress.com Details: http://www.mapinc.org/media/1925 Author: Rick Yencer Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States) JUDGE PROPOSES RULES AIMED AT DTF 'ETHICAL CONCERNS' MUNCIE -- New rules governing local drug forfeiture cases could end the practice of the Muncie-Delaware County Drug Task Force and its attorney, County Prosecutor Mark McKinney, of seizing -- and spending - -- money from alleged drug dealers without court orders. Delaware Circuit Court 2 Judge Richard Dailey on Thursday gave local officials a draft of those rules, which would require criminal cases to be disposed of before any civil drug forfeiture is ordered. And forfeitures would be handled by an attorney under written contract who is either not a deputy prosecutor or a salaried deputy prosecutor not assigned to any criminal prosecutions. "That eliminates any ethical concerns," Dailey said of the proposed policy. "There are no questions that justice is for sale." McKinney, as deputy prosecutor before his 1996 election as prosecutor, received nearly $100,000 in attorney fees over the past decade handling civil forfeiture cases, and also prosecuted criminal cases. The prosecutor and the drug task force used confidential settlement agreements, negotiated without court orders, to disperse hundreds of thousands of dollars in cash and property for the DTF's use. The proposed rules -- which will go to Delaware County's five Circuit Court judges for approval, and then to the Indiana Supreme Court -- also cite state law that proceeds from drug forfeitures should be placed in local government general funds and common school funds after law enforcement costs have been paid. The DTF had its own accounts under city government, and also maintained an off-the-books checking account that it used to spend money on its operations and various other expenses, including equipment for a city police gym, donations to youth charities and carpeting the prosecutor's office last year. The State Board of Accounts shut down that checking account last year. McKinney did not attend Thursday's meeting, which included representatives of law enforcement, government financial officials, attorneys and others. Chief Deputy Prosecutor Jeffrey Arnold did attend and offered some input to the rules, which also call for property and money from drug arrests being placed in police property rooms instead of a DTF safe and property room at its separate headquarters. "I am not in any position to authorize this (on behalf of the prosecutor's office)," Arnold said. "I don't know that much about forfeiture laws," the chief deputy prosecutor added. During an interview, McKinney, who was in the prosecutor's office Thursday, said he would have to review the rules before commenting on them at length. "I don't think the judge can control where evidence is held," McKinney said, adding that responsibility rested with law enforcement. McKinney also said state law permits the prosecutor to received 25 percent of assets seized through drug-related arrests for attorney fees on forfeitures. He has also denied that the prosecutor's office based plea agreements on the amount of forfeited money and property seized from a defendant. When it comes to confidential agreements, McKinney said, case law encourages out-of-court settlements, and confidential settlements without court orders were no different. Recently appointed Delaware Circuit Court 5 Judge Chris Teagle was at Thursday's meeting, and said he agreed with the new rules. Teagle -- who has practiced law throughout eastern Indiana -- said courts in Blackford, Jay and Randolph counties waited until a criminal case was disposed of before acting on related civil forfeitures. Allen and Marion counties contract attorneys to handle forfeitures who do not handle criminal cases for the prosecutor's office. Former local deputy prosecutors have said handling forfeiture cases provided a way to make extra money. McKinney handled those cases for more than a decade before turning the work over to Deputy Prosecutor Eric Hoffman, who has received more than $22,000 since 2004. - --- MAP posted-by: Larry Seguin