MEETING ON FORFEITURE LAW IGNITES SPARKS

A law enforcement news conference in support of legislation to change state
forfeiture law turned ugly Wednesday as opponents interrupted police and
lobbed personal attacks at the event's organizer, Utah Attorney General
Mark Shurtleff.

Tempers flared anew after the news conference as police and prosecutors
squared off in shouting matches with the bill's opponents, mostly citizen
lobbyists.

Causing the fuss is a bill being drafted that would allow law enforcement
agencies to tap into millions in proceeds from federal and state criminal
forfeitures.

"Without these amendments we are handing money directly to drug dealers,"
said Shurtleff, who is shopping for a legislator to sponsor Senate Bill 31.
"A radical few conspiracy theorists would have the public believe police
are out to take their property. All law enforcement is asking for is money
to fight a very well funded foe who is killing our children."

Opponents of the legislation, such as Daniel Newby, argue it guts
Initiative B, a ballot measure passed by 69 percent of Utah voters in the
2000 general election. Aimed at preventing police from zealously impounding
the cars or seizing the property of innocent third parties in criminal
cases, the act diverts forfeiture proceeds to the state school fund.

At one point during the news conference Newby, who didn't "appreciate being
called a right-wing wacko," angrily confronted Shurtleff, saying he is
"unfit for office. Why don't you stop playing legislator and start
enforcing the law."

A recent state audit found prosecutors and courts in three counties skirted
that law, awarding to law enforcement agencies $237,999 in forfeiture
proceeds that rightfully belong to schools.

County attorneys deny any wrongdoing, and though Shurtleff agrees with the
audit he believes Initiative B needs tweaking.

He contends his amendments strengthen Initiative B by placing a higher
burden of proof on prosecutors in forfeiture cases. More importantly, it
frees up $3.9 million in federally seized money that under federal law can
only go to law enforcement agencies.