News (Media Awareness Project) - US OH: Judge Orders Auction Delayed |
Title: | US OH: Judge Orders Auction Delayed |
Published On: | 1999-07-13 |
Source: | Columbus Dispatch (OH) |
Fetched On: | 2008-09-06 02:01:08 |
JUDGE ORDERS AUCTION DELAYED
POMEROY, Ohio -- The auction of thousands of items seized in a Meigs County
drug raid won't happen anytime soon.
A continuance will provide more time to analyze the legality of a
forfeiture agreement. The southeastern Ohio sale advertised nationwide was
temporarily halted June 29 by Meigs County Common Pleas Judge Fred M. Crow
III, who questioned whether the prosecutor's office and the county could
dispose of the property without following civil or criminal forfeiture laws.
Fred M. Priddy, 47, of Rutland in Meigs County claims that he was coerced
by the prosecutor into an agreement to give up more than 75 cars, 160 guns,
heavy equipment and real estate.
Prosecutor John Lentes said his office had an out-of-court agreement signed
by Priddy in lieu of forfeiture, which allowed the sale.
The document, which was signed by Priddy two days before he began serving
an eight-year prison sentence for possessing more than 700 ounces of
marijuana, is being challenged by Priddy's attorneys.
After hearing some testimony yesterday, Crow granted a continuance until
Sept. 3 in the request filed Friday by Priddy to permanently halt the auction.
Crow ordered the delay so the prosecutor's office could provide Priddy and
the court an inventory and an accounting of what was seized during the
April raid.
He ordered Lentes to supply "a description of his efforts to determine the
ownership . . . of each item of property he purports to be included'' in
the agreement with Priddy.
"You were ordered to do so this (June 29), and let's get it done,'' Crow
told Lentes yesterday. "We can't have a situation where you and you alone,
and your office alone, knows what's going on, but no one in the world knows
what's going on.''
But Crow also used his written order to say that Priddy is a convicted drug
felon and that the court has no interest in protecting or returning drug
assets.
Priddy was in court yesterday as his attorneys argued that Lentes, the
Major Crimes Task Force of Meigs County, Meigs County commissioners and
Sheriff James Soulsby were illegally holding his property under the
agreement, which is not legally enforceable.
"Priddy signed the acknowledgment under duress, under influence of the
prosecutor, under threats of greater incarceration (and) refusing to
release him on bond until he signed the agreement'' attorneys Thomas
DeBacco and Shelly Kennedy wrote in the complaint.
Lentes said Priddy went to the Meigs County Fairgrounds voluntarily after
he posted bond on May 11 and identified various cars and other property
that was purchased with drug money and that he was allowing the task force
to sell at public auction.
Lentes also said he remembered calling the jail to advise them to check
with authorities to see if there was a federal holder on Priddy before he
was released from jail.
Priddy had been released from federal prison from a previous drug
conviction and had nearly completed his probation at the time of his arrest
in Meigs County.
POMEROY, Ohio -- The auction of thousands of items seized in a Meigs County
drug raid won't happen anytime soon.
A continuance will provide more time to analyze the legality of a
forfeiture agreement. The southeastern Ohio sale advertised nationwide was
temporarily halted June 29 by Meigs County Common Pleas Judge Fred M. Crow
III, who questioned whether the prosecutor's office and the county could
dispose of the property without following civil or criminal forfeiture laws.
Fred M. Priddy, 47, of Rutland in Meigs County claims that he was coerced
by the prosecutor into an agreement to give up more than 75 cars, 160 guns,
heavy equipment and real estate.
Prosecutor John Lentes said his office had an out-of-court agreement signed
by Priddy in lieu of forfeiture, which allowed the sale.
The document, which was signed by Priddy two days before he began serving
an eight-year prison sentence for possessing more than 700 ounces of
marijuana, is being challenged by Priddy's attorneys.
After hearing some testimony yesterday, Crow granted a continuance until
Sept. 3 in the request filed Friday by Priddy to permanently halt the auction.
Crow ordered the delay so the prosecutor's office could provide Priddy and
the court an inventory and an accounting of what was seized during the
April raid.
He ordered Lentes to supply "a description of his efforts to determine the
ownership . . . of each item of property he purports to be included'' in
the agreement with Priddy.
"You were ordered to do so this (June 29), and let's get it done,'' Crow
told Lentes yesterday. "We can't have a situation where you and you alone,
and your office alone, knows what's going on, but no one in the world knows
what's going on.''
But Crow also used his written order to say that Priddy is a convicted drug
felon and that the court has no interest in protecting or returning drug
assets.
Priddy was in court yesterday as his attorneys argued that Lentes, the
Major Crimes Task Force of Meigs County, Meigs County commissioners and
Sheriff James Soulsby were illegally holding his property under the
agreement, which is not legally enforceable.
"Priddy signed the acknowledgment under duress, under influence of the
prosecutor, under threats of greater incarceration (and) refusing to
release him on bond until he signed the agreement'' attorneys Thomas
DeBacco and Shelly Kennedy wrote in the complaint.
Lentes said Priddy went to the Meigs County Fairgrounds voluntarily after
he posted bond on May 11 and identified various cars and other property
that was purchased with drug money and that he was allowing the task force
to sell at public auction.
Lentes also said he remembered calling the jail to advise them to check
with authorities to see if there was a federal holder on Priddy before he
was released from jail.
Priddy had been released from federal prison from a previous drug
conviction and had nearly completed his probation at the time of his arrest
in Meigs County.
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