AREA SCHOOLS SHOULD GET CONFISCATED DRUG CASH, JUDGE SAYS

A large sum of drug dealer cash discovered recently in a police evidence
vault properly belongs to the Elizabeth City-Pasquotank Public Schools, a
judge ruled Tuesday.

Judge J. Richard Parker had ruled in April that the Elizabeth City Police
Department could use the $34,000 to purchase evidence tracking software and
investigate drug crimes. Parker reversed himself Tuesday, however, after an
attorney for the school district argued the money should rightfully go to
the local schools.

The state Constitution provides that penalties, forfeitures and fines
collected for penal crimes must be used by the public schools in the
counties in which the crimes occurred.

District Attorney Frank Parrish argued that the money was not collected
from court-imposed fines but as evidence. Therefore, the money can be
disposed of in any way a judge or magistrate sees fit, he said.

However, the attorney for the Board of Education, L.P. Hornthal Jr., argued
Tuesday that the seized property did in fact amount to drug forfeitures.

"I don't think they can get around the case law, I don't think they can get
around state statutes, I don't think they can get around the state
constitution in this matter," Hornthal said, referring to Parrish and City
Attorney Bill Morgan. "I believe it's pretty straight-forward."

The money turned up when the Elizabeth City Police Department did an
inventory of evidence in the vault. They uncovered a total of $34,677 in
cash, believed to have been confiscated during drug seizures dating back to
1989, when the last inventory was taken.

Chief William Anderson publicly advertised the money, as the law requires,
but no one stepped forward to make a claim.

After Pasquotank County Sheriff Randy Cartwright questioned why the money
was not going to the schools, County Manager Randy Keaton brought the
matter the attention of the school board.

Reached later at his office, Keaton said he's sure the local school
district can use the $34,000.

Parrish, who helped argue the case for the ECPD, said he had no interest in
the $34,000 other than to help ensure that it ends up where it rightfully
belongs.