FORFEITURE MEETING DELAYED IN MCINTOSH DORM CASE

DOVER - The Police Department has postponed today's scheduled meeting
with the U.S. Attorney's Office regarding its proposal to seize the
McIntosh College dormitory under federal drug forfeiture laws.

But Chief William Fenniman said he will continue to pursue the matter.
The department has already met with the criminal division of the U.S.
Attorney's Office, he said, and plans a second meeting with attorneys
from both the civil and criminal divisions. Fenniman said he postponed
today's meeting so he could meet with "other interested parties" whom
he declined to reveal.

"We're still gathering information," he said.

The Police Department and the New Hampshire Attorney General's Drug
Task Force recently concluded a two-month undercover investigation
that resulted in drug charges against nine current or former students
of McIntosh's Atlantic Culinary Academy at 181 Silver St.

Agents and confidential informants bought marijuana, Ecstasy and
prescription drugs on 15 occasions. Police described the amounts of
drugs purchased as being for personal use, but said they were
surprised how easy it was to obtain them out in the open.

Several students have contacted Foster's Daily Democrat, expressing
concern that the school's reputation is being ruined.

"There are wonderful things at that school. ... All the people are
really upset," said Beuleh Osberg of Rochester. "There are kids that
want to leave there and that's really sad."

Osberg, 54, attends classes at McIntosh along with her two daughters.
She is seeking a degree in travel and tourism and wants to open her
own bed and breakfast, but knows people in the culinary program.

Osberg is upset by Fenniman's public comments that the school is too
lax in its admissions process.

"I'm very proud to be at McIntosh and nothing will ever take that away
from me," she said.

McIntosh President David McGuire said he will limit his comments to
what was said on the day of the arrests: He supports the arrests of
those suspected of dealing drugs and the school will take the
necessary disciplinary action in accordance with its "zero-tolerance"
policy.

McIntosh College is owned by Career Education Corp., a nationwide
chain of schools, and it leases its buildings from McIntosh Properties
LLC. The president is Robert DeColfmacker, the former owner of
McIntosh College and a current member of the board of trustees.
DeColfmacker declined to comment on the police investigation and
seizure issue.

Jean Weld, an assistant U.S. attorney who handles forfeiture matters,
said she would not comment on the Dover Police Department's request to
seize the dormitory.

"We evaluate every case that comes in on its merits," she said.

Weld said drug forfeitures can take place during federal criminal
prosecutions or in a federal civil proceeding when there is a state
prosecution. In the civil case, the government would have to prove
with a preponderance of evidence that the property owner or
leaseholder ignored drug activity.

Both a lease and "real property" are subject to forfeiture, she said.
The government routinely seizes cash, vehicles and homes that have
been linked to drug activity, Weld said, and approximately $3 million
in inventory is currently under forfeiture in New Hampshire.

The forfeiture question arose locally two years ago when Fenniman
suggested it could be used in the Drug Task Force's undercover
investigation at the Inferno Night Club in Rollinsford. Fenniman, who
is chairman of the Drug Task Force's executive board, said it was
never pursued because the club owners invited police in to
investigate.

The matter of cooperation is being disputed in the McIntosh case.
McGuire said the school's security staff provides information to
police of illegal activity and that he provided one of those tips only
two weeks ago. Fenniman said the information received was vague and
unrelated to the current investigation.