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Evening hearing on seizure law added

| 28 Dec 2014 | 12:29
    This 2008 Hyundai Elantra (left) which Mariah Powell says is her family's car, gathers snow in the Warwick Police Department impound lot the day after Thanksgiving. The car had been in the lot since July and was only recently released back to the family. They had been told by police that the car was being held because Orange County District Attorney David Hoovler would be seeking to pursue it for forfeiture but the DA"s office said they would not seek to have the car forfeited and reduced the charges against Mariah's brother Paul. Photo by Nathan Mayberg See story: “A Warwick family's tale of seizure”: http://bit.ly/1CODjUn.
    This 2008 Hyundai Elantra (left) which Mariah Powell says is her family's car, gathers snow in the Warwick Police Department impound lot the day after Thanksgiving. The car had been in the lot since July and was only recently released back to the family. They had been told by police that the car was being held because Orange County District Attorney David Hoovler would be seeking to pursue it for forfeiture but the DA"s office said they would not seek to have the car forfeited and reduced the charges against Mariah's brother Paul. Photo by Nathan Mayberg See story: “A Warwick family's tale of seizure”: http://bit.ly/1CODjUn.

By Nathan Mayberg
GOSHEN — Orange County Exeutive Steve Neuhaus will hold two public hearings on the controversial new asset forfeiture law.

The first will be held on Monday at 10 a.m. in Neuhaus' conference room at 40 Mulberry Street in Goshen. The second will be held at 6 p.m. on Dec. 29 in the Orange County Emergency Services Center at 22 Wells Farm Road in Goshen. Neuhaus added the evening slot after scheduling the morning hearing in his office's conference room, which is much smaller than the emergency services center auditorium.

The law proposed by Orange County District Attorney David Hoovler and approved by the county legislature in a party-line vote Dec. 4 would allow the district attorney to seize the assets of people convicted of misdemeanor drug offenses, including for marijuana. Neuhaus must sign the law before it goes into effect.

Defense attorneys and others worry that seizure would be allowed before conviction. Opponents say this is prohibited by the Constitution's Fourth Amendment protections against unwarranted search and seizure and the Fifth Amendment protection of due process.

Hoovler has argued that the police have a right to seize cars, cash and other property for use as evidence.

Assistant District Attorney Christopher Borek says property will be seized with a value equal to the value of the drugs found, and no more. He said the district attorney would have to show that the goods were either the proceeds of drug sales or used to commit drug-related crimes.

At the same meeting of the county legislature, a legislator asked if the district attorney would be able to seize a Mercedes in a misdemeanor drug arrest. Chief Assistant District Attorney Robert Conflitti said no. But Hoovler previously said cars could be seized regardless of their value.

Neuhaus supports the law, and did even in an earlier version that included all misdemeanor offenses, including drunk driving. Neuhaus says the law would be an effective deterrent.

Neuhaus did not return messages left with his office.

Reporter Nathan Mayberg can be reached at comm.reporter@strausnews.com or by calling 845-469-9000 ext. 359.

See related story: "A Warwick family's tale of seizure": http://bit.ly/1CODjUn.