United States v. One Parcel of Real Property Described as Lot 156 & South Three Feet of Lot 157

776 F. Supp. 482, 1991 U.S. Dist. LEXIS 16142, 1991 WL 220804
CourtDistrict Court, W.D. Missouri
DecidedOctober 25, 1991
DocketNo. 91-0023-CV-W-8
StatusPublished
Cited by1 cases

This text of 776 F. Supp. 482 (United States v. One Parcel of Real Property Described as Lot 156 & South Three Feet of Lot 157) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. One Parcel of Real Property Described as Lot 156 & South Three Feet of Lot 157, 776 F. Supp. 482, 1991 U.S. Dist. LEXIS 16142, 1991 WL 220804 (W.D. Mo. 1991).

Opinion

ORDER

STEVENS, District Judge.

Plaintiff filed a complaint for forfeiture in rem of the defendant properties on January 8,1991. On February 27,1991, claims were filed on the defendant properties by Mr. John Edward Johnson (“Johnson”), his former wife Alicia Johnson (“Alicia”), and their daughter Gina M. Zarrin’Kia (“Gina”). The case is now before the court on plaintiffs motion to dismiss the claim of Johnson, plaintiffs motion to dismiss the claims of Alicia and Gina, and Alicia and Gina’s motions to suppress, to dismiss, and to enforce settlement.

7. Factual Summary

The relevant facts of the case are briefly recited as follows. Based on prior drug buys which were traced to the defendant real estate, a search warrant was executed on the property on September 20, 1990 by the Grandview Missouri Police Department and the Jackson County Drug Enforcement Task Force. During the execution of the search warrant, Johnson was found in the bathroom of the house attempting to flush illegal drugs down the toilet. Found in and around the toilet in the bathroom were methamphetamine and cocaine base, both schedule II controlled substances, and Flunitrazepam, a schedule IV controlled substance. Marijuana was also found at two other places in the residence.

Also discovered at the residence were the following: a concealed room in the basement that contained a surveillance monitor and VCR linked to a video camera mounted outside the house; a second monitor and VCR in the kitchen that were also linked to the outside camera; a programmable police scanner in the kitchen, which was in operation at the time of the search and was programmed with the frequencies of local law enforcement agencies; two fully-loaded firearms, a Smith and Wesson .357 magnum revolver found on a bedside table in the master bedroom, and a .38 caliber Derringer found on the kitchen table; several hundred dollars of Jackson County Drug Task Force buy money that were commingled with the defendant currency; two upright safes and a floor safe in the concealed room in the basement; pieces of jewelry and electronic items that have been identified as stolen property.

In addition, a fifteen year old female run-a-way was found in the concealed room in the basement. The girl told police that she had been living at the house with Johnson for approximately six months. At the time of the search she was approximately four months pregnant.

An arrest warrant was issued for Johnson on September 25, 1990, for drug trafficking in the second degree, a Class A felony. See Attachment Four to Plaintiff’s Reply Suggestions in Support of the Motion to Dismiss the Claim of Johnson. The warrant remains outstanding as of this date. Plaintiff claims that Johnson is a fugitive from the warrant. Johnson claims through his attorney that plaintiff has not attempted to serve the warrant on him or to locate him, and thus he is not a fugitive.

Title to the defendant real estate was originally in the name of Frances M. Tawney. In accordance with the duly probated will of Tawney, title to the property was [484]*484transferred to the children of the decedent on April 11, 1990, namely Virginia Skinner, Mary Ash, and claimant Johnson. On or about June 10, 1990, Ash and Skinner transferred their respective interests in the property to Johnson by quitclaim deed.

On September 21, 1990, the day after the property was searched, a warranty deed dated September 8, 1990 was filed with the Jackson County recorder’s office, transferring the defendant real estate from Johnson to Alicia and Gina. The deed was notarized by Ms. Debra Cullinan.

Cullinan has since told Detective Woody Pool that Alicia presented the deed to her with a signature purporting to be that of Johnson already on the deed, and asked Cullinan incorrectly to back-date the deed to September 8th, which Cullinan did. While Cullinan is unsure about the exact date on which this happened, she is certain that it was a date after September 8th and was a few days before Alicia returned to Cullman’s office on September 24, 1990.

When Alicia left Cullman’s office with the notarized deed after her first visit there, she told Cullinan that she would take the deed directly to the courthouse for filing. The deed was filed at the courthouse at 12:28 p.m. on September 21, 1991, the day after the property was first raided. According to Cullinan, Alicia returned to Cullman’s office on September 24, 1990, to inform Cullinan that she would probably be questioned about the deed, and Alicia later told Cullinan that her story had to match Alicia’s.

In its motions to dismiss the claims of Johnson, Alicia and Gina, plaintiff challenges the claimants’ standing to make claims on the property or to raise objections to this forfeiture action. For the reasons that follow, the court agrees that the claimants lack standing and thus their claims will be dismissed.

II. John Edward Johnson’s Claims on the Defendant Properties

Courts have long held that a party’s status as a fugitive from justice “disen-titles the defendant to call upon the resources of the Court for determination of his claims.” Molinaro v. New Jersey, 396 U.S. 365, 366, 90 S.Ct. 498, 499, 24 L.Ed.2d 586 (1970). This doctrine applies equally as well in civil forfeiture cases as it does in criminal cases. See United States v. One Parcel of Real Estate at 7707 S. W. 74th Lane, Miami, Dade County, Florida, 868 F.2d 1214, 1216 (11th Cir.1989) (“By his own actions as a fugitive the appellant has disentitled himself from raising objections such as this to the forfeiture.”); United States v. $129,374 in U.S. Currency, 769 F.2d 583, 587 (9th Cir.1985), cert, denied, 474 U.S. 1086,106 S.Ct. 863, 88 L.Ed.2d 901 (1986); United States v. $45,940 in U.S. Currency, 739 F.2d 792, 798 (2d Cir.1984) (claimant “waived his right to due process in the civil forfeiture proceeding by remaining a fugitive”); United States v. $182,980 in U.S. Currency, 727 F.Supp. 1387, 1388 (D.Colo.1990) (“[Bjecause he is a fugitive from justice, claimant lacks standing to contest the forfeiture.”).

Johnson contends that he is not a fugitive. He argues, without any caselaw or statutory support, that to become a fugitive “there must be some positive act on the part of the alleged wrongdoer to place himself beyond the jurisdiction of the court.” Suggestions in Opposition to Motion to Dismiss Claim of Johnson, p. 8. Johnson argues that he has committed no such act, either by escaping, violating bond, or failing to appear for a hearing. Rather, he contends that plaintiff has simply failed to serve the warrant on him and has not even attempted to locate him.

The status of being a fugitive from the law, however, is not as formalistic as Johnson argues, and this court will read no “positive act” requirement into the definition. The Second Circuit stated in United States v. Catino, 735 F.2d 718 (2d Cir.), cert, denied, 469 U.S. 855, 105 S.Ct. 180, 83 L.Ed.2d 114 (1984), that

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776 F. Supp. 482, 1991 U.S. Dist. LEXIS 16142, 1991 WL 220804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-one-parcel-of-real-property-described-as-lot-156-south-mowd-1991.