TCSO Abusing Unclaimed Property Law

[Raoul Duke]

Tulsa County Sheriff’s Office Seizes Citizens’ Cash, Guns Through Unclaimed Property Law

Nearly 300 of the cases involved cash, totaling at least $170,000 taken from citizens, analysis by The Frontier shows.

The Tulsa County Sheriff’s Office has been allowed to seize cash and guns from nearly 1,000 citizens during searches and arrests under a law designed for dealing with unclaimed property rather than using the state’s forfeiture process, an investigation by The Frontier has found.

About a dozen people showed up to a hearing in Tulsa County District Court on Wednesday and asked District Judge Mary Fitzgerald to return their money and weapons. In most cases, those who attended the hearing had not been charged with a crime and in others, charges had been dropped or expunged.

Assistant District Attorney Jimmy Dunn briefly attended the hearing, saying he wasn’t familiar with the details of the case but wanted to represent the county’s interests. After talking with Mortensen, Dunn withdrew his appearance, saying: “I’ve never given any advice to the sheriff’s office as to the disposition of this property.”

At the end of the hearing, Fitzgerald said her order allowing the Sheriff’s Office to keep the remaining cash and property would be issued “very soon.”

After the hearing, Mortensen said he believes the Sheriff’s Office is relying on the wrong state law to seize the cash and weapons. Asset forfeiture is governed by Title 63 of Oklahoma statutes, under a section titled “Property subject to forfeiture.

“Forfeiture actions typically involve due process and the burden would be on the state” to show the cash and weapons were connected to drug or other criminal activity, he said.

“This is a way to do an end around or to convert funds for their own use,” Mortensen said.

Several people wrote letters to the court seeking return of their money and property.

Gilbert Denny wrote that the Sheriff’s Office confiscated his .38-caliber Smith & Wesson revolver after deputies conducted a “wellness check” on his teen-age daughter due to drinking at the home. Denny’s letter states he has a concealed carry license, a lifetime hunting license and that his driver’s license was “in good standing.”

“The weapon in question has never been involved in a crime. I would like my pistol returned to me if anything for self protection,” Denny stated.

The Tulsa County Sheriff’s Office sought Wednesday to take possession of the cash, weapons and other property in question through a provision of Title 22 that governs “Unclaimed property or money in Sheriff’s possession.”

This law allows the sheriff’s office to use the money or any funds received from the sale of such property “for the purchase of equipment, materials or supplies that may be used in crime prevention, training or programming.”

The Frontier requested comment from the Sheriff’s Office Wednesday but did not receive a response. Fitzgerald declined a request for an interview.

https://www.readfrontier.com/investigation/sheriffs-office-seizes-citizens-cash-guns-through-unclaimed-property-law/

Sheriff’s unclaimed property cases steered to judge once employed by TCSO

Though judicial assignments are supposed to be random, the same criminal judge has been assigned to hear more than half of the civil cases in which the sheriff’s office sought to seize cash and guns from citizens through an unclaimed property law, an investigation by The Frontier and NewsOn6 has found.

Tulsa District Court policies regarding judicial assignments and transfers were not followed in several of the cases, which involve cash, guns and other property seized by the sheriff’s office from hundreds of citizens.

Courthouse records show the sheriff’s office tried to ensure that most of the cases would be heard by District Judge James Caputo, a former deputy whose daughter works at the sheriff’s office. Though judges are supposed to be randomly assigned per courthouse policy, Caputo’s name was printed on the petitions filed by the Sheriff’s Office.

Despite a promise of transparency after taking over from former Sheriff Stanley Glanz, Undersheriff Rick Weigel has refused to answer questions about his agency’s use of the unclaimed property law.

https://www.readfrontier.com/investigation/sheriffs-unclaimed-property-cases-steered-to-judge-once-employed-by-tcso/

 

[jfssms]

Raoul, these government officials are keeping us safe.

 

[jfssms]

Hillary explained everything last night.

 

[jfssms]

She has been there and done all that before, no need to vet her.

 

[SMS]

What TCSO might be doing unethical stuff? No way. They've had such fine leadership...