Posted on 01/11/2002 10:44:30 PM PST by LloydofDSS
Jan 11, 2002 Widow's Home Seized After Son's Arrest for Drug Possession The Associated Press ATHENS, Ga. (AP) - Police have seized the house of an 82-year-old widow because they say she knew her son dealt drugs there and did nothing to stop him. Fannie Gresham's small home was seized Thursday under a state law allowing authorities to confiscate property linked to the illegal drug trade. Authorities also arrested her 50-year-old son, Tommie "Top Dollar" Gresham, on a drug charge after he allegedly dropped several rocks of crack cocaine and fled. Police records show 29 incidents of drug activity at the address since 1992 and authorities say drug dealers were caught numerous times fetching drugs from the house for street sales. Based on that, and police claims that the elder, widowed Gresham was helping her son's alleged operation, Superior Court Judge Stephen Boswell issued a court order in December allowing the seizure. Boswell gave Fannie Gresham 14 days to move her belongings. Her attorney, Jim Smith, likened the seizure to the widespread illegal taking of property and land from blacks that he says tarnishes America's past. "They have never seized any drugs in this house. This lady is not accused of a single thing," he said. Police predicted more such seizures as they crack down on the drug trade in the city's troubled neighborhoods. A hearing on the seizure has been scheduled in February.
Ha ha ha! Stop it. You're killing me.
In what comic book did you read this?
I don't believe you can support this statement. I believe that it is false. From my experience, most people who get involved with drugs do so in their late teens and early 20's. A great many don't get involved until their 30's. Most drug dealers are users who invite other people to experience their joy and sell the drugs to finance their own habit.
#2 Because after the addict crashes their body, they want the taxpayers to fund their health care for the rest of their lives. Isn't it better to stop the problem in the first place?
This is our problem in self control, not the drug addicts. No one should be coerced to pay for someone else's self inflicted problems. The amount of mony paid for illegal drug caused problems is miniscule compared to that paid for problems caused by the use of alchohol and tobacco, which are small compared to the amount of taxes collected from their sale.
Police have long had the right under state and federal law to seize property if they can show it's linked to the illegal drug trade.
Athens-Clarke police have rarely moved to commandeer a house. Thursday, they seized a west Athens house owned by an 82-year-old widow neighbors call ''Ma,'' claiming she was knowingly letting her son use the property as a staging site for drug sales.
Police predicted more home forfeitures, as they look for fresh ways to end open drug dealing that still troubles some Athens neighborhoods.
''This community is why we're here today -- it's part of our problem-solving approach to policing the community,'' said Mike Hunsinger of the Athens-Clarke Police Drug and Vice Squad. ''I think we're going to see more of it.''
Fannie Gresham's attorney, Jim Smith, likened the police action to the widespread illegal theft of African-American real estate that tarnishes America's past.
''What they're doing is taking property from black folks,'' he said. ''They don't attack white folks.''
Under the watchful eyes of neighbors, officers entered the tiny Julius Drive home of Gresham and changed the locks. Police on Thursday also arrested Gresham's son, Tommie ''Top Dollar'' Gresham, 50, on a cocaine possession charge after he allegedly dropped several rocks of crack cocaine and fled the scene, returning later while police were still there.
His mother was at the hospital visiting a sick relative during the police operation, according to her attorney, who accused police of confiscating the home of an innocent old woman. Neighbors described her as a kindly lady who walked to a nearby church every Sunday for services.
''Right here is a good example of the state taking property'' without evidence, Smith said, videotaping the operation from the street. ''There's not any drugs in this house. They have never seized any drugs in this house. This lady is not accused of a single thing.''
The police complaint alleged the senior Gresham facilitated her son's alleged operation by allowing the house to become a hub of drug activity.
Some 29 incidents of drug activity have been noted at the address there since 1992, records show.
Police were armed with a court order issued by Superior Court Judge Stephen Boswell, who heard evidence in December of alleged drug activity at the property. Police say drug dealers were caught numerous times by police fetching drugs from the house for street-side sales, and running after cars to sell drugs to motorists. Boswell gave Gresham 14 days to move her belongings.
A hearing on the seizure is scheduled for February in Clarke Superior Court. Boswell signed the order as a visiting judge after the Western Judicial Circuit's three Superior Court judges recused themselves in the case.
Seized by the state government was a Jim Walter home that Gresham and her husband erected in the 1950s, paying for it partly with money from a job she held at a local poultry plant. Her husband Tom died in June.
The sudden lockdown at the address surprised at least one visitor, dropping off a package for Gresham, who she described as a lovely person and a good customer. The visitor found only an empty locked house.
''All I know is what I bring them,'' Mary Brake said.''It's prescription drugs.''
You are kidding aren't you. I once actually tried that long long ago. Fortunately a very kind and understanding police officer very politely informed me what was about to happen to ME if I actually filed that report.
So, if your teenage son (who, for the sake of argument, outweighs you by 75 pounds and carries a concealed weapon) is still dealing crack out of his bedroom in your house after you have told him to quit the trade or move out of your house.......
You would do what?
Technically, she is not being prosecuted. Her property is the guilty party, and standard Constitutional protections such as the presumption of innocence do not apply to things.
Oh,yeah! This will REALLY solve all her problems! She might not only have the thrill of watching her son shot to death in front of her,but may get shot to death herself. After that's all over,she STILL gets to watch the gooberment confiscate her house using the SAME excuse they used anyhow,since nothing has changed. That is if her house isn't burned to the ground during the SWAT raid. Oh yeah,GOOD plan! Did you think of it all by yourself?
So they could have taken her house even sooner?
Im glad they split from the Kings rule when they did. Many of our Founding Fathers were a 4th amendments violation away from being imprisoned. Then due the times and circumstances, ended up loosing their homes and fortunes fighting for and financing what they believed in.
Here's your Republic..If You Can Keep It!
Delta 21
Would all of you who are speaking in outrage have liked to live next door to this lady and her crack dealing son?
She should fire her attorney.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated"
Oh, that's right, the constitution is a living breathing document. My mistake, so sorry.
This is a crock, the constitution is there for a reason, and they just ignore it.
Whatever happened to the constitution? It seems to have gotten lost somewhere...
The Supremes, when they support this kind of law, will say "it's not unreasonable search and seizure. It's reasonable, because big, bad, nasty drugs were involved."
Remember the case (Bennis vs. Michigan, 1996) in which a guy was caught with a hooker? His car was confiscated.
Well, it wasn't his car. It was jointly owned with his wife. She fought the confiscation, and it went all the way to the Supremes. In a landmark decision, they ruled that her car goes to the cops. "(F)forfeiture...serves a deterrent purpose distinct from any punitive purpose."
In other words, it's okay to take your house, your car, your everything for an insignificant offense...because that isn't punishment. Soooo...as if it's not enough that her husband gets a BJ from a hooker, she loses her car, too.
This similar case makes me sick.
So is your point that, in America, the elderly are powerless against the young and the strong?
Stopping it in the first place would be great! Unfortunately, leaving addicts (and their families) pennyless doesn't seem to be working. Currently, our drug (and DUI) laws are basically cash cows for the state with very few judges looking favorably upon drug/alcohol treatment until someone has multiple offenses or worse. Of course, I can only speak from what I know from working with addicts/alcoholics in this area.
I wish I knew the answer... but I have to say that what we are doing doesn't seem to be working.
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