REQUEST OF SUSPECT REJECTED

Judge rules car's seizure in drug bust has not caused enough harm to
warrant its return to ex-official

Veteran real estate agent and former county commissioner Paul William Hiers
was unable to persuade a judge Monday to make federal agents return - at
least temporarily - his car seized during a drug arrest.

Mr. Hiers, 55, has not been convicted or indicted on criminal charges, and
an arrest warrant against him and Arthur W. Edwards was dismissed by
federal prosecutors. Mr. Hiers and Mr. Edwards, who died in December, were
arrested Oct. 31 in what law enforcement officers contend was a reversed
sting - in which suspects attempt to buy instead of sell drugs. They were
accused of conspiring to possess and distribute 2.2. pounds of cocaine.

On Monday in U.S. District Court, Mr. Hiers' attorney, Pete Theodocion,
asked U.S. Magistrate Judge W. Leon Barfield to order the government to
return Mr. Hiers' 1991 Mercedes Benz.

"Of course you can go out and buy another vehicle," Mr. Theodocion said,
but it is unfair to put a person in that position, he said.

Government agents took Mr. Hiers' vehicle under the civil forfeiture law,
which allows for the seizure of property and any assets deemed to be used
in or purchased as a result of illegal activity. A criminal conviction is
not required. Agents also seized $226,000 in cash from Mr. Edwards and
filed notice of their intention to take two homes owned by Mr. Edwards.

Mr. Hiers asked the judge Monday to return his vehicle pending the outcome
of the government's civil forfeiture proceedings. Under a new law that
became effective in August, a person can seek the return of property if
hardship would otherwise result pending final disposition.

Mr. Hiers testified the Mercedes, valued at about $34,000, was an asset in
his business because it makes a positive impression on prospective
customers. Since agents seized his car, he also has had to spend about
$3,700 to rent and otherwise borrow vehicles to use on the job, he testified.

Under cross-examination, Mr. Hiers said he has continued his work of
selling property and estimated his income, before taxes and expenses, at
$60,000 to $70,000 since Oct. 31.

Assistant U.S. Attorney James Coursey countered that the new federal law
envisions returning property only if the seizure of it causes substantial
hardship.

Judge Barfield denied Mr. Hiers' motion, saying Mr. Hiers' ability to sell
property and earn commissions in the past four months indicates the
Mercedes' seizure has not caused him substantial harm.

Judge Barfield said whether the government can prove its case by a
preponderance of the evidence is unknown.

The Civil Asset Forfeiture Reform Act became law in April after a
seven-year struggle in congress. It became effective in civil forfeiture
cases Aug. 23.

The law, among other things, creates an innocent owner defense to civil
forfeiture; makes the government prove a forfeiture is right by a
preponderance of evidence; extends the time to file a claim against a
forfeiture action from 10 days to 30 days; and allows property to be
returned to the owner pending final disposition if it would result in hardship.