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County plans appeal of money claim decision
Posted: Wednesday, January 11, 2006 - 5:14 p.m. PST
Okanogan County plans to appeal a judge's decision to give more than $500,000 to an Oroville couple who found the money in a backpack along the side of a road in 2004.Deputy prosecutor Steve Bozarth, who represented the Okanogan County Sheriff's Office, said the county will appeal visiting Judge T.W. "Chip" Small's decision to award the money to Dan and Jane Gerth. Small is from Chelan County Superior Court.Jane Gerth found the money March 5, 2004, in a backpack along O'Neil Road near Oroville. She and her husband notified the sheriff's office, which took the money out of the backpack, replaced it with other items, put it back where it was found and then waited for someone to pick it up.David Lee Taber, Oroville, allegedly picked up the money later that day and was arrested. He was charged in Okanogan County Superior Court with money laundering but was found not guilty June 17, 2005.The sheriff's office maintained the money was involved in some sort of drug trafficking and that it should get the money to fight drugs.Taber and the Gerths also claimed the money.Bozarth said Taber relinquished his claim on the money Jan. 6. Small decided Jan. 9 in favor of the Gerths.Omak attorney Mick Howe, who represented the Gerths, said Small was fully briefed on the Gerths' claims under both the forfeiture law and the found property law. Under both state statutes, the Gerths' claim was valid, he maintained.But the prosecutor's office disagrees.Bozarth said state law "is not very well fleshed out" in such matters."The court ruled in the state's favor, that it was drug money or money somehow connected to trafficking," Bozarth said. "But he also ruled that the Gerths' interests trumped the state's."A written order from Small is expected in February. After that, the state can appeal, Bozarth said."I would expect the Court of Appeals will affirm" the decision in the Gerths' favor, said Howe.Okanogan County sheriff Frank Rogers said the money is "in the bank, drawing interest."
County plans appeal of money claim decision
Posted: Wednesday, January 11, 2006 - 5:14 p.m. PST
Okanogan County plans to appeal a judge's decision to give more than $500,000 to an Oroville couple who found the money in a backpack along the side of a road in 2004.Deputy prosecutor Steve Bozarth, who represented the Okanogan County Sheriff's Office, said the county will appeal visiting Judge T.W. "Chip" Small's decision to award the money to Dan and Jane Gerth. Small is from Chelan County Superior Court.Jane Gerth found the money March 5, 2004, in a backpack along O'Neil Road near Oroville. She and her husband notified the sheriff's office, which took the money out of the backpack, replaced it with other items, put it back where it was found and then waited for someone to pick it up.David Lee Taber, Oroville, allegedly picked up the money later that day and was arrested. He was charged in Okanogan County Superior Court with money laundering but was found not guilty June 17, 2005.The sheriff's office maintained the money was involved in some sort of drug trafficking and that it should get the money to fight drugs.Taber and the Gerths also claimed the money.Bozarth said Taber relinquished his claim on the money Jan. 6. Small decided Jan. 9 in favor of the Gerths.Omak attorney Mick Howe, who represented the Gerths, said Small was fully briefed on the Gerths' claims under both the forfeiture law and the found property law. Under both state statutes, the Gerths' claim was valid, he maintained.But the prosecutor's office disagrees.Bozarth said state law "is not very well fleshed out" in such matters."The court ruled in the state's favor, that it was drug money or money somehow connected to trafficking," Bozarth said. "But he also ruled that the Gerths' interests trumped the state's."A written order from Small is expected in February. After that, the state can appeal, Bozarth said."I would expect the Court of Appeals will affirm" the decision in the Gerths' favor, said Howe.Okanogan County sheriff Frank Rogers said the money is "in the bank, drawing interest."
posted by cascadeboy at 12:03 AM
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