February 24, 1988
Dan Tool
Drug Enforcement Administration
Office of Chief Counsel
Asset Forfeiture Section
P.O. Box 28356
Washington, D.C. 20038
Petition for remission
Seizure # 32564
Case #GD880030
ID# WBA173300717475
Dear Mr. Tool:
Gerald Doe makes this petition for remission pursuant to 19 U.S.C. Sec. 1618 and 28 C.F.R. Sec. 9.3. His car, a 1980 BMW was seized on November 6, 1987 by officers of the District of Columbia Metropolitan Police Department. He and a codefendant, Wayne R, were stopped by police while riding in the car, and were arrested for possession of cocaine and a glass smoking pipe. The codefendant pleaded guilty to attempted possession of cocaine and the charges against Mr. Doe were nolled. There was only a very small quantity of cocaine recovered in the case. The police reports indicate that $10 worth of cocaine was recovered from a vial in Mr. R's (the codefendant's) pocket. A small quantity of a rock substance which the police believed to be cocaine ($20 worth according to police reports) and a glass pipe were allegedly recovered from the floor of the car.
Mr. Doe did not have any knowledge of the presence of the cocaine and pipe in his car. He states he was driving back to work after taking the codefendant, Wayne Harrell, to a record shop during their lunch hour. He stopped at a carryout to get a sandwich, double parking the car. Mr. Harrell stayed in the car. When Mr. Doe came back out of the carryout he saw a burgundy station wagon driving close by his car, the three men inside looking into his car suspiciously. Mr. Doe got back into the car and drove away. A marked police car pulled him over about three blocks later. When they stopped them, the police asked him if they could search the car. He gave them permission, thinking there was nothing to hide. Mr. Doe did not know where the pipe came from. He had not seen it, and did not know it was in the car until the police showed it to him.
I am enclosing the police reports. As you can see, the two police reports contradict each other, the 251 saying both codefendants were seen using narcotics, while the 163 says the codefendant was seen holding the pipe in his hands, with no mention of Mr. Doe's presence at the time the officer saw Mr. Harrell holding the pipe.
There was extensive litigation, in Superior Court, on the motion for return of property filed by attorney Penny Marshall of the Public Defender Service. Ms. Marshall, being a PDS employee, was prohibited from representing Mr. Doe in forfeiture proceedings. His reliance on her efforts to secure the return of his car, coupled with his serious medical problems over the past three months resulted in his contacting me too late to file a claim and bond. We are thus forced to rely on your office to do justice in this case.
This incident represents Mr. Doe's first arrest. He is thirty years old, and has been employed since he was 16 or 17. Even when he was in college he worked part time. He finished his third year at the University of Maryland (majoring in criminology), but had to drop out because of his health problems. He has applied to the University of the District of Columbia and intends to enroll there starting in summer school. For the past six years he has worked for the District of Columbia Department of Administration Services. He is a contract specialist, earning $17,500 per year. He purchased his car with earnings from employment. He still owes approximately $1,200 on the car. He has a son, born February 2 of this year, who lives with him, and whom he supports. In the past he has coached summer football league for 10-12 year olds at Lamont Riggs Park in Northeast Washington. He also participated in the D.C. government employees' "Drug Awareness Group", a program whereby government employees speak to youngsters about the dangers of drug abuse. When he was arrested he discontinued his participation in the drug awareness group to prevent any embarassment over his pending charges.
Mr. Doe has very serious medical problems. In 1975 he developed diabetes, chronic active hepatitis, an infected liver, and internal bleeding of the esophagus, which have continued to cause chronic health problems. In December 1987 he began having problems with inflammation in his feet, which was exacerbated by his having to walk more for lack of use of his car. He has been hospitalized for two of the last three weeks. He had surgery on one foot and infection was drained from the other. He was released from the hospital on 2-17-88 with orders to stay off his feet. Since then he has been recuperating at home, which delayed his coming into the office to get this petition notarized.
Because of his precarious medical condition, it would be extremely foolish for Mr. Doe to use drugs. Mr. Doe says his medical reports will show no evidence of drug use, and that drug use was ruled out as the cause of these medical problems, which should appear in the records. If you are interested in seeing the medical records, let me know and I'll have him execute releases for them. This will take a few weeks, so let me know as soon as possible.
As you can see, Mr. Doe needs his car back desperately. Denying this petition for remission and mitigation would not be in the interest of justice, nor would it serve the goal of forfeiture - the deterence of drug trafficking. Even taking the police allegations in their most serious light, there is no evidence that Mr. Doe was connected in any significant way with drug use or trafficking. Therefore we urge you to return his car to him as soon as possible.
Sincerely,
Brenda Grantland
DISTRICT OF COLUMBIA ss:
I, Gerald Doe, first being duly sworn on oath, depose and say that the
foregoing is true and accurate to the best of my knowledge and belief.
_______________________
Gerald Doe
Subscribed and sworn to before me this __________ day of ________________________,
1988.
______________________
Notary Public
My commission expires________________________.