Was just looking up this case in talking over at Bob’s, thought I’d share the good news.
In what is being called a triumph for property rights, a federal judge in Boston has rejected the federal government’s attempt to seize a family-owned motel in Tewksbury under a controversial civil forfeiture law.
The owners of Motel Caswell have never been charged with any crimes and have never come under police suspicion. But in a trial last November, the U.S. attorney’s office sought to take the property because it alleged the motel — the building — had “facilitated” drug crimes….At trial, federal prosecutors introduced information about 15 specific drug-related incidents that occurred in a 14 year period. “It should be noted” wrote Magistrate Judge Judith Dein in Thursday’s decision, that during that time period, Caswell had rented out 196,000 rooms.
“I don’t know how I can see through the doors,” Caswell said last November in reference to the fact that those alleged crimes took place in closed rooms.
It doesn’t mention it but the Caswell family was instrumental in many of those drug arrests due to their cooperation with local police, and still they attempted to take his hotel. Here’s the big kicker:
The idea to go after the Motel Caswell sprung from the Drug Enforcement Administration, the trial revealed. The DEA has an agent who testified his job is to seek out targets for forfeiture by watching television news and reading newspapers. When he finds a property where drug crimes occur he goes to the Registry of Deeds. Finding the Motel Caswell had no mortgage and was worth almost $1.5 million, the DEA teamed up with the Tewksbury Police, who were offered 80 percent of the taking, the agent testified.
This wasn’t just a procedural action, the DEA was FISHING for valuable property they could take possession of, and split with local police. So they were fishing for his property, as well as tying up his business and finances in trials, this is a prime example of “Bad Justice”.
Go over to Bob’s to read about Tam’s Burgers over in California and see if it doesn’t smell the same to you.
