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HomeMy WebLinkAbout1995-01-09 95-67 ORDERCOUNCIL ACTION Item No. 95-67 Date January 9. 1995 Item/Subject: Authorizing Acceptance of Forfeited Property Responsible Department: Legal Commentary: Recently, the State of Maine - Maine Drug Enforcement Agency seized $1,400 from one Bobette Bishop's residence as the result of a consent search. Because of issues in proof, the Penobscot County District Attorney's office agreed to return $700 to Me. Bishop in exchange for her agreement to forfeit the remaining $700. The District Attorney's Office has proposed that $525 of the forfeited $700 be awarded to the City of Bangor for its Police Department's substantial contribution to the criminal investigation involving Ms. Bishop. The attached Council Order would approve the transfer of those funds from the State of Maine to the City Of Bangor. Prior municipal -approval of the transfer i required under 15 MRSA B 5824(3)1 In addition, this proposed disposition is subject to approval by the Attorney General. Department Head Manager's Commenter City Manager Associated Information: Order, Letter from Penobscot County District Attorney with Consent Form Budget Approval: _ F ante Director "✓ City Solicitor Introduced For CONSENT AGENDA X Passage First Reading Referral Page 1 0£ _ 95-6) Anipa to Counwhor Tyler .January 9, 1995 CITY OF BANGOR Authorizing Acceptance of Forfeited Property (TITLE.) (Oriierf.......... ..... ..._.... _. — .....1... By tAe City Causal of the CaveBanper ORDERED, TWT the City Solicitor is hereby authorized and directed on behalf of the City of Bangor, pursuant to 15 MRSA S 5829(3), to execute documents accepting a proposed forfeiture of $525.00 in U.S, currency, said property having been seized by the Maine Drug Enforcement Agency (MEA) during aaa ent search in a criminal investigation with the assistance of the BangorPolice Department. Documents accepting the proposed forfeitures are attached to this Order and are incorporated herein by reference. Funds received pursuant to this Order shall be deposited to trust and agency account number 600-20309050. - IN CITY COUNCIL 95-67 Jannazy 9, 1995 O R D E R Passed Title, CITY Authorizing Acceptance of ....................................... :. Forfeited }PPrro(pee�rrty.. A- ggned to (� - 0 covnctlman December 23, 1994 REC"EIVE-,D Erik Stumpfel, Esq. { City Solicitor + City of Bangor j 9Fg Q ] X991 73 Harlow Street i Bangor, ME 04401) rNT Re: state V. $1.400.00 in D.B. Cuxxww, (BObette Bishop) Docket No. Cv-94-415 Dear Mr. Stumpfel: Enclosed please find a Consent Agreement and Order and Consent Of the Municipal Officials form. After the City Council has had an opportunity to review this matter, please sign the form and return it to me. This forfeiture action arose as a result of a consent search at Babette Bishop's residence. Wring the search of the residence the Bangor Police seized the defendant in rem $1400 from Babette Bishop. Because of issues n proof, we agreed to return $TOO to Ms. Bishop, in exchangefor her agreement to forfeit the remaining $700. We propose that $525 of the forfeited $700 be awarded to the City of Bangor. This proposed disposition, however, is subject t0 approval by the Attorney, General STATEOPMAIHE 95-67 OFFICE OF THE DISTRICT ATTORNEY PROSECUTORIAL DISTRICT V P CHRISTOPHER ALLAY PISCSTAQL'ISWUNTY 01,11a Atwtmry IMI SH RI81 AIICHAEL P. ROBERTS O,PUW PUXn Atmme PENO@SCOTCOONIY do)9448554 Gravy A. e'.mPhll PENOBSCOT COUNTY COURT HOUSE w^q 91 Hammond SaSm- Bangs, Maine NOI-49M Smdll�leettAt Beauns 3 mngac MM Mmne04Rn Ta:nRU94wSI9 ia:I40'n 9930.419 December 23, 1994 REC"EIVE-,D Erik Stumpfel, Esq. { City Solicitor + City of Bangor j 9Fg Q ] X991 73 Harlow Street i Bangor, ME 04401) rNT Re: state V. $1.400.00 in D.B. Cuxxww, (BObette Bishop) Docket No. Cv-94-415 Dear Mr. Stumpfel: Enclosed please find a Consent Agreement and Order and Consent Of the Municipal Officials form. After the City Council has had an opportunity to review this matter, please sign the form and return it to me. This forfeiture action arose as a result of a consent search at Babette Bishop's residence. Wring the search of the residence the Bangor Police seized the defendant in rem $1400 from Babette Bishop. Because of issues n proof, we agreed to return $TOO to Ms. Bishop, in exchangefor her agreement to forfeit the remaining $700. We propose that $525 of the forfeited $700 be awarded to the City of Bangor. This proposed disposition, however, is subject t0 approval by the Attorney, General 95-67 Erik Stumpfel, Esq. December 23, 1994 Page 2 Thank you for your assistance in this matter. If you need any additional information, please let me know. Sincerely, GREG0 A. v r E t O'k i LL Assis ant Attorney GAC/tdt Enc. cc: R. Christopher Almy, District Attorney (with enclosures) STATE OF NAIVE PENOBSCOT, BE. STATE OF MAINE, Plaintiff V. $1,400.00 IN U.S. CURRENCY (Babette Bishop) Defendant, is rem 95-6J SUPERIOR COUNT CIVIL ACTION DOCKET NO. CV -94-416 CONSENT OF THE MUNICIPAL OFFICIALS PURSUANT TO 15 M.R.S.A. SEC. S824(3) ) ) ) At a meeting of the municipal officials for the City of Bangor, Maine, on the _ day of , , by a vote, it was the determination of the Bangor city Council pursuant to 15 M.R.S.A. section 5824(3), to consent to the transfer Of title to $525.00 in U.S. Currency to the City of Bangor from the above -referenced forfeiture, as the Bangor Police Department made a substantial contribution to the criminal investigation involving party -in -interest, Babette Bishop. Dated at Bangor Maine.this _ day of , ERIE STUMPFEL, ESQ. City Solicitor Town of Bangor - 95-67 STATE OF MATINS FILED AND ENTERED SUPBRIOR COURT PEMOBScoT, as. SI:PERlOR CGUAT civil Action Docket IF Cy -24-4(I SEP C 8 1994 PEN08SCCT CGUNTy ' STATS OF MAINN ) Plaintiff ) v. ) coasaNT AGREEMENT AND ORDEN $1IN U.S. CURRENCY ) (Babette aife) De ) DePendaat in rm ) WHEREAS, the Plaintiff, State of Maine, commenced a civil action for forfeiture against the Defendant in rem pursuant to 15 M.R.S.A. Section 5821 et. seg., which said civil action named Babette Bishop as a Party -in -Interest) and, WHEREAS, the Plaintiff and the Party -in -Interest, Babette Bishop, have agreed to resolve this matter Without further litigation) and, WHEREAS, the Plaintiff and the party -in -Interest, Babette Bishop, have agreed that the Plaintiff .Will retain $700.00 of the Currency seized and will return $700.00 of the currency seized to the Party -in -Interest, Babette Bishop{ NOW THEREFORE, upon the agreement of the parties hereto, IT IS HEREBY ORDERED AND ADJUDGED: 1. That any and all rights, title, and interest the Party - in -Interest, Babette Bishop, has in and to the Defendant in rem in the amount of $700.00 is hereby forfeited to the State of Maine; 95-6] 2. The remaining $700.00 of the Defendant in rem is hereby returned to the custody Of the Party -in -Interest, Babette Bishop) 3. That the disposition or the said Defendant in_ISID by Plaintiff shall be in accordance With the statutes and further Orders Of this Court; 6. BY agreement of the parties, this Consent Agreement and Order shallbe limited strictly to the present forfeiture action and shall be inadmissiblein any other proceeding. 'SEEN AND AGREED: Date: Babette Eiahop Party -in -Interest Date: '�[y, yllL� rw1ky? /y Gregory A.¢hmph 11 V Assistant District Attorney Data: 1D ICE, SOPERIOR COPRT Page 2 Of 2