COURT RULES IN HOME SEIZURE CASE

DENVER -- Federal law overrides an Oklahoma one that exempts homes used in
drug crimes from being taken by state authorities, an appeals court ruled.

That means the federal government can take an Oklahoma home if its owner is
selling or possessing drugs.

The 10th Circuit Court of Appeals in Denver ruled 3-0 Wednesday that a
federal law on property forfeiture preempts a state law that prohibits home
seizure.

The case began with Nanette Lees, a Wagoner grandmother who is awaiting
trial on a state charge of possessing Valium. Federal authorities want to
seize and sell her $136,000 home.

Police found a large quantity of Valium pills in a bag Lees had in her home
in 1999. They also found a gallon-sized bag of suspected marijuana, a set
of scales and suspected steroids, primarily in her grandson's bedroom.

Lees claimed her property, a homestead, was not subject to forfeiture.

The court sided against Lees, but instructed Judge Frank Seay to make
specific findings about whether taking Lees' home would be an excessive
penalty, disproportionate to the offense.

Lees previously was on probation for possessing 33,600 Valium tablets.

Her grandson, Jade Lees, was arrested on a drug charge at the same time she
was arrested at their home.