IF YOU SELL DRUGS OUT OF YOUR HOME, YOU COULD LOSE IT

URBANA - If a criminal conviction, the potential loss of freedom and
a ruined reputation aren't enough to get drug dealers to say no to
the lucrative trade, how about homelessness?

Since June, the Champaign County state's attorney's office has
succeeded in taking from their owners three homes where drug dealing
was going on. The homes are now the property of the Illinois State
Police and will be sold, with the proceeds divided among law
enforcement.

The one in Champaign, which belonged to Urbana restaurateur Michael
Timpone, is close to being sold. The other two are in Urbana. One was
listed Sept. 28 with a real estate agent, but the other needs a lot
of work before it will be ready to sell, according to Master Sgt.
William Colbrook, manager of the asset forfeiture section of the
Illinois State Police.

"It's a way to send a message to those who use and distribute illegal
drugs," said Champaign County State's Attorney Julia Rietz of her
office's plan to seize the assets of criminals.

A side benefit is that the county stands to make a bit - not a lot -
of money from the sales, all of which are governed by the Drug Asset
Forfeiture Procedure Act.

Assistant State's Attorney Susan McGrath, who has shepherded the
forfeitures, said the county hopes to get about $15,000 out of the
sale of the Timpone home at 315 S. Russell St., C, believed to be
worth $100,535.

This home at 506 E. Illinois St. in Urbana, is one of three in
Champaign County used for drug dealing that have been seized by the
state's attorney's office. By Robin Scholz

She's guessing that the other houses at 2413 E. Green St., U, and 506
E. Illinois St., U, also may net about $15,000 each.

Mortgages and other liens against the properties have to be paid
first. Anything left over is divided as outlined by statute: 65
percent to the police agency that seized it; 12 1/2 percent to the
office of the state's attorney who prosecuted; 12 1/2 percent to the
state appellate prosecutor; and 10 percent to Illinois State Police.

The East Illinois Street property was owned by Roger Armstrong, and
the East Green Street house was owned by Shelly Melby. They and
Timpone were all charged with drug-related crimes.

In August, Armstrong pleaded guilty to possessing cocaine in April
and was sentenced to 18 months in prison. Another count of permitting
the unlawful use of a building for drug sales was dismissed.

Melby pleaded guilty Wednesday to unlawful delivery of a controlled
substance for selling cocaine from her Green Street home in May and
was sentenced to 30 months of probation and drug treatment.

Timpone and his wife, Trudy Timpone, were both arrested in May 2006
by Urbana police; Michael Timpone was arrested for possession of
crack cocaine, a charge that was dismissed when a judge ruled the
police search was improper.

However, police continued to investigate the Timpones for alleged
drug dealing. In the complaint for forfeiture of the property, the
state alleges that a confidential source working with the sheriff's
office bought cocaine from Trudy Timpone at the Russell Street home
on at least three occasions in October and November 2006.

In June, Trudy Timpone pleaded guilty to delivery of a controlled
substance for selling crack from the house in October 2006. She is
serving a sentence of probation.

Michael Timpone, who managed the Jolly Roger restaurant in downtown
Urbana, was also charged in January 2007 with writing a bad check to
an employee of the now-closed restaurant and possession of drug
paraphernalia for having a crack pipe. In August, he pleaded guilty
to misdemeanor theft by deception and was sentenced to probation.

McGrath said Timpone did not fight the seizure of his home in court.
Melby and Armstrong challenged the seizure of their houses, but a
judge ruled evidence showed their homes were being used for drug
dealing and they lost.

Colbrook, who had to go to great lengths to get Timpone's renters'
personal effects out of the house, said Michael Timpone was "one of
the nicest" people he's ever had to deal with on a forfeiture.

"He didn't agree with it because it was his house, but he and I and
Trudy got along just fine," Colbrook said.

Colbrook and three other members of his nine-employee unit in
Springfield often have to go into homes that have been seized, clean
them up and move things out.

"We don't wear our nicest clothes when we go in the first time," he
said, adding he has a commercial driver's license and can drive the
moving truck.

Colbrook said he went in Timpone's Russell Street home and
Armstrong's house on Illinois Street and found both were a mess.

The upstairs portion of the Timpone home where Trudy Timpone lived
had "discarded furniture, appliances, clothing and just general junk.
The basement had been inhabited by renters. It was in much better
condition. The upstairs was in much worse condition. We had to take
a grain scoop and a broom to clean up the upstairs," he said.

"Most often, when we take over a drug-forfeited property, the
property is not in the best-maintained condition," Colbrook said.

It's not every day that the state troopers have to act as
professional cleaners and movers. Among the items most frequently
seized by police fighting drug dealers are cash and vehicles,
Colbrook said.

In a recent Rock Island County case, Colbrook said, authorities
obtained washers, dryers, refrigerators, big-screen televisions,
exercise equipment, electronics and jewelry, proving by a
preponderance of the evidence – that is, more likely than not
– that the items were purchased with drug money.

He said of the 102 counties in Illinois, only Rock Island and
Winnebago counties have come close to Champaign in terms of trying to
forfeit houses.

"You guys are definitely ahead of the curve. I believe the state's
attorney's office, Susan McGrath and Julia Rietz, have a progressive
view on drug asset forfeiture," Colbrook said.

Rietz said she intends to continue pursuing house forfeitures where
appropriate.

McGrath investigated seizing the Urbana home of John Haywood, accused
of juvenile pimping, because he was allegedly using the house in the
commission of a crime. But she learned there were more outstanding
liens against the home on Airport Road than the house is actually
worth, prompting the office not to pursue forfeiture. McGrath said
the bank foreclosed and got the house back.