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News (Media Awareness Project) - US FL: Judge Gives Go-Ahead To 6 Forfeiture Cases In Port St
Title:US FL: Judge Gives Go-Ahead To 6 Forfeiture Cases In Port St
Published On:2006-06-12
Source:Palm Beach Post, The (FL)
Fetched On:2008-01-14 02:41:38
JUDGE GIVES GO-AHEAD TO 6 FORFEITURE CASES IN PORT ST.LUCIE

FORT PIERCE -- A circuit judge ruled Monday that forfeiture cases can
proceed against six Port St. Lucie homes police say were converted
into virtual marijuana farms, and a city attorney promised she'll
return with more cases as the number of drug busts citywide rises weekly.

Circuit Judge Ben Bryan said there's probable cause to believe the
six homes on Glenwood Drive, South Danville Circle, Ginger Lane,
Independence Road, and Addie and Halibut streets were engaged in
criminal activity after detailed testimony by police detectives, who
have raided more than 35 so-called "grow houses" in the past month.

Although Bryan gave police immediate custody of most of the houses,
he said suspects can work out a deal to continue living in the homes
until the forfeiture cases are resolved.

Some property owners have hired attorneys to fight the seizures, but
one testified Monday he no longer has money to pay his lawyer and
another dismissed his attorney after Monday's hearing.

Police described elaborate growing operations at the six houses,
where interior walls had been built to cordon off farming rooms from
other parts of the single-family homes. In many cases, the growing
and drying rooms were accessible only from an outside locked door,
detectives said, and aluminum foil lined the walls where plants were
being cultivated inside large pots.

Some growers tried to mask the excessive amount of electricity their
lights were using by tampering with electric meters and wires, police
said. Florida Power & Light Co. cut off electricity to many of the
homes, rendering them uninhabitable.

An attorney for homeowner [Name redacted]said [Name redacted] would
like to remain in his house with his common-law wife and two
children, but can't afford to repair the electrical system.

[Name redacted] is the only property owner who has obtained a
homestead exemption on his house, and an assistant city attorney for
Port St. Lucie conceded she will have to drop the forfeiture claim
against his home at 169 S.W. South Danville Circle if the exemption
is declared valid.

Previous court cases have protected property owners from seizure if
their homes have a valid homestead exemption, Assistant City Attorney
Gabrielle Taylor said.

The probable cause findings were the first in a lengthy seizure
process that could end in trials.

Although Taylor told Bryan to expect more seizure cases, she declined
to say how many of the estimated three dozen homes the city will try
to acquire.

Bryan also found probable cause Monday to continue seizure cases
against two vehicles suspected of being used in the illicit farming activities.
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