Pubdate: Sun, 04 Jan 2009
Source: Star Press, The (Muncie, IN)
Copyright: 2009 The Star Press
Contact: http://drugsense.org/url/m0DXtEYZ
Website: http://www.thestarpress.com
Details: http://www.mapinc.org/media/1925
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

CONFIDENCE MUST BE RESTORED IN DRUG FORFEITURE PROCESS

The fallout from the local Drug Task Force situation will be with
Delaware County residents for months -- perhaps years -- to come,
given the likelihood of appeals and the still pending report from the
Indiana Supreme Court's Disciplinary Commission. But the bulk of the
problem can be traced to a lack of oversight and a blatant disregard
for the community's best interest that must be remedied before
confidence can be restored.

While the actions of the local DTF and prosecutor's office were
particularly egregious, the origins of the situation can be traced to
the state and the Indiana General Assembly. Legislation governing the
handling of confiscated drug-related funds and property is vague, 
and officials in most counties are unsure exactly how the money is to
be handled. With few guidelines, they have for the most part created
their own procedures. The fact no money apparently has ever been sent
to the  designated state education fund is particularly telling.

In addition, the State Board of Accounts has no teeth to deal with
any problems it finds. In Muncie's case, the SBA repeatedly pointed
out the mishandling of DTF money by the city over several years, but
the practices continued. Little wonder. Since the SBA must rely on 
local prosecutors and police to deal with irregularities, it's
unlikely action will be taken when the prosecutor and police are
directly involved, as they were here.

Delaware County Prosecutor Mark McKinney is getting most of the blame
for the mess we're currently in, particularly for his use of secret
deals to seize drug dealers' money and assets, but there is plenty of
culpability to go around.

Among those who were actively involved in the seizure and dispersal
of drug funds, or who should have exercised more oversight, are past
and present prosecutors, judges, the former mayor and police chief, 
and the past and present sheriff. Officers in charge of the DTF for
both the city and county also bear responsibility for their
indiscriminate spending, but that's like blaming the fox who's been
asked to guard the henhouse for enjoying a chicken dinner.

Muncie Police Chief Deborah Davis has reorganized the city's DTF unit
and the mayor has changed the process for handling confiscated money,
but that's not enough.

City and county officials now must go beyond the letter of the law to
set up a series of checks and balances for confiscated money and
property that results in no one person or policing unit having
absolute control. Excess money after police and court expenses are 
reimbursed should go to the state as required.

Each county seems to handle drug money differently, but some, like
Henry County, can be used as examples of what works. The city and
county, including the prosecutor, must set up a joint task force to
look at  the options and implement the best procedures for both 
Muncie and Delaware County.

Until that is done and confidence is restored, the process will
remain tainted and suspect.
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MAP posted-by: Larry Seguin