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
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