TRUCK RETURNED TO MEXICAN

Bureau County Judge Rules Police Can't Keep Seized Vehicle, $44,000

PRINCETON - A Mexican man soon can return to the United States and
retrieve his Ford pickup and more than $44,000 police seized from him
during a traffic stop on Interstate 80 more than two years ago.

"I told him he should wait until he was driving his truck with the
money in his pocket before he should celebrate," said Gustavo Munoz,
attorney for Jose Marquez Olivares of San Julian.

Judge Marc Bernabei ruled Tuesday in Bureau County Circuit Court that
Olivares must make arrangements with the state's attorney to take
custody of the property at the Illinois State Police headquarters in
LaSalle. Munoz said State's Attorney Patrick Herrmann assured him the
1999 F-250 pickup should be in the same condition it was when seized
on June 26, 2001.

Herrmann said the state could have the property ready within the week,
although Munoz said it may take longer for his client to make
arrangements for the trip.

Munoz said concerns about insurance, valid license plates and other
issues need to be worked out before Olivares can retrieve the property.

Bernabei was ruling on a motion by Herrmann seeking direction on how
to return the assets after a June 10 court order dismissed the state's
forfeiture complaint.

At the June 10 hearing, Munoz said, "I assume, the truth be told, the
reason they got stopped is because the truck had Mexican plates."

Herrmann, who said Tuesday he still was not convinced the assets were
not involved in the drug trade, wanted to know whether to return the
truck and money to Olivares or to the 19 individuals Olivares said
entrusted him with the cash and money orders to take to family members
living in Mexico.

Munoz asked Bernabei to return the assets to Olivares for several
reasons. Olivares' family already has paid back about half of the
$44,225 to families of the workers, Munoz said. Some of the 19
individuals, most who speak no English, might be too frightened to
travel to Bureau County, and it might be difficult to locate others.

Munoz said his client was immediately, "going to pay off the rest of
the families they still owe money."

"But the economic concerns are secondary here," Munoz said. "The
psychological toll that has been taken and the mental stress . . . But
more than anything else they just couldn't believe in America that
police can seize personal assets. "I think it's safe to say he'll
never drive through Bureau County again."

Munoz and two friends were westbound on I-80 after visiting friends
and family in Chicago, when a state police master sergeant stopped the
men for allegedly speeding. Though the officer only gave the driver a
warning ticket, he took the trio in for questioning after finding
$14,800 in money orders and almost $30,000 in cash on the men.

Police later released the men but kept the money and
truck.

Munoz said his client immediately contested the seizure. The
statements from all three men about transporting money from Mexican
workers in Chicago to their families in Mexico never have changed.
And, police found no drugs, no secret compartments and no positive
hits by a drug dog.

"There was nothing to suggest they were involved in the drug trade,"
Munoz said. "There should not have been a seizure."

Herrmann said he will continue to encourage aggressive patrols of I-80
for drug trade activity. Bureau County started actively using the Drug
Asset Forfeiture Procedure Act when it became law in 1990. Since that
time, the county has seized in excess of a million dollars in assets.

"Any time we find drugs, money or vehicles we believe were used in
facilitating the drug trade, we will ensue forfeiture proceedings,"
Herrmann said.