More here;
http://www.observer-reporter.com/280320644678151.bsp

On 10/8/2003 at 10:11 AM Leon Felkins wrote:

Full report is at 
http://www.observer-reporter.com/289499121684960.bsp.

This is a very important decision for those victims of forfeiture that win
their case but still can't get their property back. 

Posted by Leon Felkins

High court: Pettit has to pay 

BY LINDA METZ, Staff writer 
lmetz@observer-reporter.com 

Washington County District Attorney John C. Pettit's last chance to avoid
paying $66,000 to a convicted drug dealer was quashed Monday by the U.S.
Supreme Court. 

After a seven-month wait, the Supreme Court announced it would not hear an
appeal by Pettit of a lower court ruling that found him liable for failing
to return property seized in a 1989 raid to Frederick A. Brilla of
Canonsburg. 

Brilla's attorney, Joel Johnston, said he will seek immediate payment of
the $65,666 bill, which includes the $50,001 in court-ordered punitive and
nominal damages, attorney fees, and 2.66 percent interest from March 23,
2002. Johnston also pointed out that there is still a request for
outstanding attorney fees totaling $4,575 pending a decision by the U.S.
3rd Circuit Court of Appeals.

The question that now remains is whether Pettit is personally responsible
for the payment or if the county will pick up the debt. 
"This puts the commissioners in the position of having to decide if the
county will pay for it or not" since the county's insurance carrier has
already refused coverage, said solicitor Richard DiSalle. "This is a
punitive damage claim, and the county has no coverage for punitive
damages." 

DiSalle said the county could pursue legal action against the insurance
carrier, but that would incur further expense with the chance of an
unfavorable court decision. 

County Commissioner John Bevec believes the county should pay. "My

position

hasn't changed. I still believe the county needs to back (Pettit) up" he
said. "This situation came out of him being a county elected official." 

Meanwhile, Commissioner Bracken Burns said he's also sticking by his
original belief that Pettit should be held responsible for his actions,

not

the taxpayers. 

"I believe the court was fairly clear that he was personally responsible
for the suit, not the taxpayers," Burns said. "The ruling was not punitive
against the taxpayers." 

Commissioner Diana L. Irey refused to comment on the matter until she

could

further discuss it with DiSalle.While Brilla is delighted with the Supreme
Court's decision and is eager to put the case behind him, he said the
county shouldn't have to pay for Pettit's actions. 

"I didn't sue the taxpayers and they shouldn't have to pay for his burden.
And, the court agreed with me," Brilla said. 
. . .

In March, Pettit asked the Supreme Court to hear an appeal of the award
stemming from a June 2001 federal civil rights trial. 

On Sept. 13, 1989, police searched Brilla's Curry Hill Road home and
another property at 430 N. Main St., Houston. In addition to suspected
drugs, police confiscated two motorcycles and electronic equipment, stereo
equipment, a computer and a box of personal photographs. 

Brilla was found guilty of drug charges in Washington County Court in
October 1991 and in April 1993 was sentenced to 4 to 10 years in prison.

He

served 4 years, 3 months in jail and was released. 

Shortly before Brilla's trial, the state attorney general's office filed a
forfeiture petition for the seized items. Brilla claimed his property was
confiscated illegally because the forfeiture claim was filed after the
statute of limitations expired. 

. . .




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