Latest news with #MorganCountyDistrictAttorney'sOffice
Yahoo
19-04-2025
- Politics
- Yahoo
Cash often seized in civil asset forfeitures
Apr. 19—The Morgan County District Attorney's Office this week filed a civil asset forfeiture case seeking condemnation of cash found on a man charged with second-degree marijuana possession, one of numerous such actions that have been filed this year. In this week's filing, $9,187 in cash was seized during a traffic stop on Interstate 65, and the complaint says it should be "condemned as contraband and forfeited to the Plaintiff for use in law enforcement, to be divided among the agencies who participated in the seizure." If the assistant district attorney wins the case, as it often does through a default judgment, the DA's office will keep 26% of the cash and the arresting agency, Priceville Police Department, will get 74%. Unlike criminal forfeiture, which requires a conviction, civil asset forfeiture allows property to be seized without a conviction and even without a criminal charge. Priceville Police Chief Jerry Holmes said criminal forfeiture is typically easier to pursue because it directly links the property to a charged offense. "We utilize criminal asset forfeiture the most," Holmes said. "It's easier to prove that the money or property seized is directly linked to the crime for which we charged an individual." Holmes said civil asset forfeitures in his jurisdiction are most often tied to drug trafficking cases. Sen. Arthur Orr, R-Decatur, sponsored legislation in 2021 aimed at protecting the rights of property owners and increasing transparency by requiring agencies to report all seized property to the Alabama Law Enforcement Agency. Because compliance with the law by law enforcement agencies has been spotty, he sponsored Senate Bill 123 this legislative session. It would strengthen penalties for agencies that fail to report forfeitures to ALEA and increase transparency by requiring public reporting of more detailed information, including the identity of those from whom property was seized, whether arrests were made, and how the seized property or proceeds were ultimately used. ALEA's most recent legislative report, covering Oct. 1, 2023, to Sept. 30, 2024, shows 952 open civil asset forfeiture cases statewide. Of those, 534 cases were closed and 430 involved arrests. Firearms were the most frequently seized items. ALEA's report for Morgan County during the same period listed 49 open civil asset forfeiture cases, 13 closed cases and 44 involving arrests. Seized items included 54 firearms, five vehicles, one "other" item, and a total of $227,831 in currency. The report also documented 11 default judgments, one dismissal, 36 pending cases and one settlement. In Limestone County, District Attorney Brian Jones said his office regularly files condemnation actions to seize property linked to criminal activity. According to ALEA's report, Limestone County had 19 active civil asset forfeiture cases during the reporting period. Of those, three cases were closed, and 17 involved arrests. The seizures included three automobiles, 13 firearms, one "other" item and a total of $65,722 in currency. Three cases resulted in default judgments, while 16 remain pending. "We've got several pending cases involving properties used for drug sales," Jones said. "Asset forfeiture — whether it's cars, money, guns, drugs or real property — is another tool we use to combat criminal activity." Holmes agreed with Jones that asset forfeitures play a significant role in reducing criminal activity. "It's essentially taking away the criminal's tools of trade — their ability to profit from illegal activity," Holmes said. He said he uses the seized funds exclusively for police training and equipment. Jones said Alabama law includes protections for property owners not involved in criminal activity through what's known as the "innocent owner exception." According to Jerome Dees, Alabama policy director for the Southern Poverty Law Center, this is the most common defense in forfeiture cases. Jones cited a local case involving a property on Tommy Lane in Athens, where residents were using the house to sell drugs. "The original owner was the defendant's grandmother," Jones explained. "When she passed, she left the property to all her children. When we filed the condemnation, we were only condemning the share of the one brother involved in the drug activity. The other siblings sold their shares, and we condemned the brother's share." Holmes said his department will return property to owners who can demonstrate they were not involved in the crime. In Morgan County, there have been eight condemnation cases involving civil asset forfeiture since March 27, according to court records. If all eight result in successful forfeitures, the total proceeds would be $30,244. Based on Alabama's statutory formula, the Morgan County District Attorney's Office would receive approximately $7,863, while law enforcement agencies involved in the seizures would receive a total of $22,985. Dees, who is working with Orr on SB123, said the legislation would enhance accountability. While current law already mandates that ALEA publish an annual report on forfeitures, the new bill would require each forfeiture case to be listed with its corresponding civil case number. He said individuals involved in civil asset forfeiture cases do not receive a court-appointed attorney, unlike those charged with a crime, making it harder to contest the seizure of their property — even if no charges are filed. "Oftentimes, individuals have to contest on their own," Dees said. Dees also said the burden of proof in civil asset forfeiture cases is lower than in criminal cases. While criminal cases require proof of guilt beyond a reasonable doubt, civil courts in Alabama use a lesser standard to justify a seizure. Drawing from his experience as a former prosecutor, Dees explained how the timing of civil asset forfeiture cases can create challenges for individuals trying to reclaim their property. "What ends up happening is that individuals may go without their property — such as a vehicle — for six to nine months, or even a year, because it's still being held by law enforcement," Dees said. — or 256-340-2442.
Yahoo
11-04-2025
- Yahoo
Marquette moves to delay murder trial so he can appeal immunity ruling
Apr. 11—Former Decatur police officer Mac Marquette, charged with murder in the fatal shooting of Steve Perkins, on Friday filed a motion seeking a continuance of the June 9 trial date to allow him to appeal a ruling that denied him immunity. Morgan County Circuit Judge Charles Elliott ruled against Marquette's motion that he was entitled to immunity under Alabama's "Stand Your Ground" law on March 31, and in an amended order filed April 2. The same order said the trial would go forward June 9, but also said the case would be stayed "to allow Defendant adequate time to request alternative relief through the appellate courts." In Friday's motion, Marquette's attorneys said they plan to file an appeal, and they expect the Court of Criminal Appeals to take several months to render an opinion. They also said that members of the defense team have scheduling conflicts if the trial goes forward June 9. The motion says that the Morgan County District Attorney's Office does not oppose delaying the trial. Marquette killed Perkins in his front yard at about 1:50 a.m. Sept. 29, 2023, during the repossession of Perkins' truck. According to testimony at the immunity hearing, Perkins pointed a gun with an attached tactical flashlight at the tow truck driver. Marquette, who was concealed at the side of the house, then pointed a gun at Perkins and began firing when Perkins' gun pointed in his direction. — eric@ or 256-340-2435
Yahoo
16-03-2025
- Yahoo
'It's evil': Officials sound alarm after Morgan County human trafficking bust
Mar. 15—Six men are now in custody and being charged with first-degree human trafficking after a sting operation in Hartselle last week where they allegedly targeted and solicited decoys posing as juveniles — an issue some officials say demands urgent attention. On March 6 and 7, the Morgan County Sheriff's Office Criminal Investigation Decision conducted an anti-human trafficking operation with help from the Morgan County District Attorney's Office and Birmingham-based Covenant Rescue Group, a nonprofit organization that advises law enforcement on child exploitation and human trafficking operations. In addition to the human trafficking charges, the following suspects were charged with electronic solicitation of a child and traveling to meet a child for a sex act: Winston Terrell James, 35, of Madison; Wayne Lynn Rosetti Jr, 59, of Madison; Deandre Lamar Floyd, 27, of Hillsboro; Joffre Mauricio Salazar Briones, 27, of Athens; Bud Winston Cunningham, 48, of Crane Hill; and Luis Said Cadena Morales, 23, of Toney, who is also being detained by immigration agents, according to the Morgan County Sheriff's Office. Morgan County District Attorney Scott Anderson said all six men are being held without bail following an Aniah's Law hearing, which allows judges to deny bail for suspects accused of certain violent crimes. It's named after Aniah Blanchard, an Auburn University college student who was kidnapped and murdered in 2019 by a man out on bail for attempted murder. Quanda Stevenson, the director of the criminal justice program at Athens State University and a member of the North Alabama Anti-Human Trafficking Task Force, said she has seen an increase in the area over the last five years. "Human trafficking is the smuggling, recruiting, abducting, transporting, grooming, harboring, buying and selling of any individual person no matter what age or ethnicity," Stevenson said. "They do this by force, threats, violence, threats, coercion, fraud, intimidation. All for profit, and that profit can come from commercial profiting, meaning you have a large organization set up or it could be for an individual person." Stevenson said she estimated human trafficking to be the second largest organized crime activity after drug trafficking in the United States. "Just imagine if we're seeing drugs, something you use once or twice, and the amount of money it comes with," Stevenson said. "Human trafficking is allowing some people to be used multiple times. We have some victims who have admitted they were forced to commit 50 (sexual) acts a day." Child sexual abuse is not as prevalent with human trafficking, according to Stevenson, but she said it is still connected. She said human traffickers will groom juveniles for sometimes up to four or five years. "With social media now, (traffickers) can actually speed the process up," Stevenson said. "They can groom a child from six months to about a year and get them to do different things they would like for them to do, which is scary." Stevenson said the trafficker will groom the victim to the point the victim looks at them as a friend. Decatur Police Cap. George Silvestri, head of the department's Criminal Investigation Division, said human trafficking cases fluctuate in the city, but it is something he wants the public to be aware of. "It's evil, I don't know how else to describe it," Silvestri said. "The way they use these people, especially the young ones." All the suspects arrested in the Morgan County sting last week were from other counties, and Stevenson said that constitutes human trafficking because the suspects traveled across county lines to meet up with the decoys. Stevenson said human trafficking is difficult to track because the traffickers tend to not stay in the same area for long. Silvestri agrees and said they do this to avoid detection. "They are hard to catch because they know how to stay below the radar, so to speak," Sylvestri said. "They don't want to bring attention to themselves because that's usually when something happens. For example, they'll be like two days in Decatur and then they'll move to Memphis and move them around and that's how they avoid getting caught." He said he has not seen many cases of children being trafficked because traffickers usually do that in cities with larger populations to stay anonymous. "Decatur is like the world's largest small town," Silvestri said. "Everybody knows everybody and they notice things. Whereas, if you're in a city like Nashville or Atlanta, it's so easy to be anonymous in there and do whatever you want to do. Not saying it can't happen here, but it's really focused on the larger cities." Stevenson said the Morgan County case involved law enforcement officers posing as underage girls online. She explained that the men engaged in conversations with them, agreed to pay for sex acts and arranged to meet at specific locations. In Alabama, human trafficking is a Class A felony and under The Sound of Freedom Act passed in 2024, it is a mandatory life sentence if a person is convicted of first-degree human trafficking involving a child. "If they are predators and they are targeting children, then I want the maximum sentence in every case," Anderson said. "We don't want people out in public looking to abuse children." Anderson said in all cases of human trafficking, suspects are subject to Aniah's Law. "In these last few with that sting operation, we requested that all the defendants be no bonded, and the court agreed," Anderson said. "All those gentlemen will remain incarcerated for the time being." Anderson said every human trafficking case is different, and convictions can be difficult to obtain if a victim does not testify. "If it involves a true victim (not a decoy), then getting that victim to come forward and testify, a lot of times it involves minors," Anderson said. "Court is a very daunting place for minors, and that's one impediment we have is getting our victims to testify." — or 256-340-2442.
