JUDGE ORDERS STATE TO GIVE BACK MONEY, PROPERTY

A judge acting on behalf of the District Court of LeFlore County recently
ruled that money and property collected by authorities in connection with a
drug case could not legally be seized by and forfeited to the state of
Oklahoma.

According to court records, Judge Ted A. Knight ruled Jan. 11 during a
forfeiture hearing that, although $10,000 was found in close proximity to
items asserted to be controlled dangerous substances, there was no lab
report indicating to the court that those items were controlled dangerous
substances. Therefore, according to Knight's ruling, the state failed to
satisfy their responsibility to show that the money was found in "close
proximity" to forfeitable substances.

Title 63 Sec. 2-503(A)(7) provides that all monies, coin and currency found
in close proximity to forfeitable substances, drug manufacturing or
distribution paraphernalia or to records of the importation, manufacture or
distribution of substances presumed to be forfeitable, are subject to
forfeiture. The statute lays the burden of proof upon those who claim the
property to rebut the assumption that the property is forfeitable.

According to LeFlore County District Attorney Rob Wallace, the statute says
that, not only must the property be located in close proximity to a
controlled dangerous substance, but a link must be established between the
property and the substance.

Wallace stated that, in this case, those who claimed the money explained
that it was obtained by the sale of a piece of property. Wallace said that
his office was able to confirm that the claimant did, in fact, sell a piece
of property for $10,000 shortly before the time the money was seized.

Based on those facts, Knight denied the forfeiture of the money.Also in
debate was the legal forfeiture of a 1965 Chevrolet pickup, according to
court records. The truck, which was registered to Belinda Sue Lowe, 40, of
Tulsa, was seized by officials in the same case when Lowe was arrested.

The statute maintains that all conveyances which are used to transport,
conceal or cultivate for the purpose of distribution a controlled drug are
forfeitable. However, according to Knight, since Lowe was sitting in a 1993
Chevrolet pickup registered to Jimmy Dale Turpin, 44, of Tulsa, when she
reportedly had in her possession 5.6 grams of methamphetamines, evidence
did not establish that Lowe was driving the 1965 pickup, nor that she was
ever in the pickup.

Knight ruled that the state had failed to establish that the 1965 pickup
was used in any way to transport any controlled dangerous substance for the
purpose of distribution, or was used in violation of the Uniform Controlled
Dangerous Substance Act. Request for forfeiture of the pickup was denied by
Knight.

Knight ordered that both the $10,000 and the 1965 pickup be returned to the
defendants as soon as possible.

According to court records, Turpin and Lowe were arrested Nov. 25, 2000, by
Pocola K-9 Officer John Hancock, after he observed the two vehicles sitting
in the parking lot of the Adult World on Service Road at approximately 3:56
a.m.

Hancock reportedly observed Turpin standing near the driver's window of the
1993 pickup, which was registered to him. He was speaking with Lowe, who
was sitting in the driver's seat of the truck. Hancock described both Lowe
and Turpin as extremely nervous at the time he made contact with them.

According to court records, Hancock later discovered a syringe loaded with
a clear, liquid substance which field-tested positive for methamphetamines
and a plastic baggy containing 5 grams of a green, leafy substance which
field-tested positive for marijuana in the 1965 pickup.

In the 1993 pickup, Hancock reportedly discovered three loaded syringes and
one empty syringe, several coffee filters, clear plastic tubing, a blue
funnel, a large strainer with a very pungent chemical odor, a large bottle
of drain cleaner and two small blow torches. He also discovered the $10,000
under the driver's seat of the pickup and a .410 shotgun in the driver's
compartment, according to court records.

Hancock stated that, as he approached the 1993 pickup to conduct a K-9
search, he saw Lowe throw a wad of paper towels to the ground. Further
inspection of the paper towels revealed that they were wrapped around a
large zip-type bag containing smaller similar bags, court records state.
The smaller bags reportedly contained an off-white powder substance which
field-tested positive for methamphetamines.

Turpin and Lowe were arrested and charged with unlawful possession of a
controlled drug with intent to distribute, along with other felony and
misdemeanor charges.

Turpin entered a plea of guilty Aug. 17, 2001 to possession of a controlled
substance, possession of a firearm while in commission of a felony, and
unlawful possession of marijuana. He was sentenced to five years deferred
for each of those charges, with the sentences to run concurrently.

Lowe entered a plea of guilty the same day to possession of a controlled
drug with intent to distribute, possession of a firearm while in commission
of a felony and unlawful possession of marijuana. She was given five-year
suspended sentences for each of the first two charges and a one-year
suspended sentence for the other charge. Her sentences were also set to run
concurrently.

Those sentences were the results of plea-negotiations between the state,
which was represented by then-Assistant District Attorney Stephen Barnes
and the defense counsel. According to Wallace, an agreement that would have
allowed for the forfeiture of a percentage of the property in question was
initially reached with the defendants. However, Wallace said that agreement
was not consummated before Barnes left the employ of the district
attorney's office to enter into private practice.

The forfeiture of the seized .410 shotgun, a cellular telephone, and a
pager were not disputed by defense attorney Gary Buckles. The 1993 pickup
was not forfeited, as it was reclaimed by its lien-holder.

Wallace explained that any property seized and forfeited in a drug- related
case becomes the property of the state. Proceeds from the sale of such
property are used to combat drug offenders.