ACLU OFFERS HELP IN POT CASE

Accusing Boulder City of legalized extortion, the state's American
Civil Liberties Union has offered to help a 56-year-old woman
convicted of misdemeanor pot possession fight the city's threat to
seize her $400,000 home or force her to pay to keep it.

Although Boulder City, which accused Warren of selling marijuana out
of her home, filed a lawsuit in April to confiscate her house, it
also is discussing a deal that would allow her to keep it for a
payment of up to $100,000.

"It would be terribly unfortunate if Boulder City was able to bully
someone into paying a fine on a threat of taking their house away
from them," said Gary Peck, Nevada ACLU executive director.

Peck said his organization is willing to work for free with Warren's
attorney, John Lusk, in resisting the Boulder City lawsuit if Warren
decides to fight it in court. National ACLU officials also have
expressed interest in getting involved in the case, he added.

Lusk has spoken with the ACLU but declined to say whether he will
take up its offer. Stressing that his first obligation is to protect
Warren's interests, Lusk noted that a trial could be expensive and
carries the risk of losing the home.

Peck agreed that it might be in Warren's best interest to settle the
case because of the uncertainties of any court case.

"I would think she would have a strong case in the court of law,"
Peck said. "She certainly has a strong case in the court of public opinion.

"It demonstrates how misguided asset-seizure laws are and underscores
the way in which the war on drugs is a war on the American people.
This is a woman accused of having six marijuana plants in her house.
The effort to seize her house is disproportionate to the offense."

Boulder City Attorney Dave Olsen said Lusk told him about the ACLU's
interest in the case, but added that will not affect the negotiations.

"The ACLU is a very important part of our (American) process," Olsen
said. "They get involved in constitutional issues, and you need to
respect that. But merely hearing the ACLU rattling sabers does not
cause any fear. We feel we have a very good case on this one."

Olsen, who said he is willing to settle because he, too, always runs
the risk of losing in court, said Friday that he will seek a
settlement of between zero and $100,000.

Lusk, who has suggested a token payment, declined to say what it will
take to settle the case. But he emphasized that his client would not
pay $100,000.

"If that's the number, a settlement wouldn't get off the ground," Lusk said.

Olsen said he is interested in a settlement that would at least
recoup the costs of the police investigation and surveillance and
other expenses that led to a raid of Warren's home in April. He said
he does not know what that specific figure is.

If the two sides cannot reach an agreement, the city will take the
case to court, Olsen said.

Warren was originally charged by the Clark County district attorney's
office with possession of marijuana with intent to sell and
conspiracy to possess marijuana, both felonies. Rather than take the
case to court, the district attorney plea bargained it to a
misdemeanor possession charge that required Warren to pay a $500 fine
to complete drug counseling.

Nevada ACLU attorney Allen Lichtenstein called Boulder City's attempt
to extract a payment as high as $100,000 improper use of forfeiture
laws, which he says were designed to go after organized crime. When
such laws were enacted across the nation during the past three
decades, civil libertarians feared they would be abused in this
manner, he said.

"This kind of case is an abuse of power," Lichtenstein said.
"Regardless of the outcome, to put a house in jeopardy has a chilling
effect on the public. The laws were never intended for this kind of case."

Olsen, though, said the forfeiture laws were not designed only for
tackling organized crime. He said selling drugs in a small community
like Boulder City is a threat to the community, especially its youth,
and taking someone's house sends a message that it will not be tolerated.

"If you tell someone we are doing this for someone possessing a small
amount of marijuana it sounds terrible, but if you say there is
commercial marijuana growing in one room of the house, it sounds a
whole lot different," Olsen said.

Peck said state legislation passed in 2003 made it tougher for
authorities to seize property. Boulder City's pursuit of Warren's
home, he added, demonstrates that further changes are needed.

"No one in the public is going to rest easier if they take her house
away," Peck said. "If you are somehow trying to claim this is a
powerful deterrent, that is ridiculous."