POT CASE COULD BE CLOSED

A 56-year-old woman convicted of misdemeanor possession of marijuana
may get to keep her Boulder City home without a court fight despite
the city's lawsuit to seize the property.

She apparently may pay the city to drop the lawsuit.

Boulder City Attorney Dave Olsen said he's optimistic a settlement
will be reached with Cynthia Warren that would have her pay in
exchange for the city dropping its effort to confiscate her home,
which city officials say would fetch $400,000 in an auction.

The lawsuit sparked debate in Boulder City over personal property
rights versus the need to crack down on drugs.

Olsen said he and Warren's attorney, John Lusk, have been discussing
settling the case. Olsen refused to say how much money would be
enough for Boulder City to drop the lawsuit.

Boulder City filed the lawsuit in District Court in April, alleging
Warren was a marijuana dealer. Police had raided her home and found
six marijuana plants, a large bowl with 2.9 ounces of marijuana,
baggies, alleged sales records and paperwork detailing water and
cultivating schedules for growing marijuana.

A 49-year-old man who lived at the home with her was also charged in
connection with the marijuana.

A settlement of the lawsuit "has been my objective from the outset,"
said Olsen, who has come under fire from some residents for trying to
seize Warren's home.

"I have been doing these types of cases off and on for 16 years, and
in virtually every case, I have never taken anybody's property. We
have always settled. Contrary to what some people might believe, I am
not interested in taking this poor woman's house."

Warren had been charged by the Clark County district attorney's
office with possession of marijuana with intent to sell and
conspiracy to possess, both felonies. But in July, Warren, after a
plea of no contest, was found guilty of possession of drugs not to be
introduced into interstate commerce, a misdemeanor. In addition to
her 30-day suspended sentence and $500 fine, she is required to
complete drug counseling.

Lusk has criticized the city's tactic to seize Warren's almost
paid-for home based on the misdemeanor possession charge for which
she was convicted. But he said he was open to resolving the case. He
said fighting the case could be more costly to Warren than "a token
payment of some kind."

Taking the case to court "could be very expensive on both sides. It
is ridiculous," Lusk said.

Olsen said, "The bottom line here is that if we can't reach an
acceptable settlement, we will go forward with the case."

Under state law, money from drug forfeiture cases is restricted for
anti-drug uses, which could include equipment, drug-sniffing dogs or
undercover buys.

Previously, Boulder City obtained $3,000 from a local resident whose
vehicle authorities allege was used to transport drugs, Olsen said.
The man settled the case rather than risk losing his vehicle, Olsen said.

Boulder City sought to obtain another home in 1999 but lost that
forfeiture case in court, Olsen said. Olsen was not the city attorney
at the time.

Lusk defended that homeowner as well, a woman who had allowed her son
to live at a home she owned that police alleged was used for
manufacturing methamphetamines.

Lusk said pursuing the case against Warren is just as wrong-headed as
that failed lawsuit was.

"I think trying to forfeit her house over alleged marijuana in her
house is just an error in judgment not only on the prosecutor's part
but by the City Council," Lusk said.