IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA, )

)

Plaintiff, )

)

v. ) Case No. 06-cv-0736-WKW

)

SEVENTY FOUR THOUSAND )

SEVEN HUNDRED ($74,700) )

DOLLARS IN UNITED STATES )

CURRENCY, )

)

Defendant. )

ORDER ON PRETRIAL HEARING

A pretrial hearing was held in this case on September 6, 2007, wherein the following

proceedings were held and actions taken:

1. PARTIES AND TRIAL COUNSEL:

For the Plaintiff: John T. Harmon;

For Claimant George Edward Jones, III: Bruce S. Maddox.

COUNSEL APPEARING AT PRETRIAL HEARING: (same as trial

counsel).

2. JURISDICTION AND VENUE:

Jurisdiction is predicated on Title 28, United States Code, Section 1345 and

Section 1355. Venue is proper as the Defendant property is physically located within the

Middle District of Alabama.

3. PLEADINGS: The following pleadings and amendments were allowed:

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a. Verified Complaint for Forfeiture In Rem;

b. Order for Warrant and Summons for Arrest In Rem;

c. Claim of George Edward Jones, III;

d. Answer of George Edward Jones, III.

4. CONTENTIONS OF THE PARTIES:

The United States of America

(a) The Defendant currency was used in any manner or

part to commit and to facilitate and was involved in the commission of violations of Title 21,

United States Code, Section 801 et seq.; therefore, the Defendant currency is subject to

forfeiture pursuant to Title 21, United States Code, Section 881(a)(6).

(b) In March 2006, the Montgomery Police Department

received information regarding George Jones (hereinafter, “G. Jones”) and his drug activities.

Surveillance was established on G. Jones’ residence (5304 West Shades Valley Drive,

Montgomery, Alabama).

(c) On March 31, 2006, officers conducting surveillance

observed Otis Jones (hereinafter, “O. Jones”) arrive and go inside the residence. O. Jones and

G.Jones were approached by officers when both men walked outside the residence. G. Jones

fled. During pursuit, G. Jones threw a clear plastic bag containing a white substance. The

plastic bag contained approximately 190 grams of powder cocaine.

(d) On March 31, 2006, the Montgomery Police Department

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executed a search warrant at 5304 West Shades Valley Drive, Montgomery, Alabama.

(e) During the search, the defendant currency, a Glock

9mm handgun and two bags containing powder cocaine were found and seized. Powder

cocaine was also located in the tool box of O. Jones’ truck.

(f) The Defendant currency was seized and the men were

arrested and transported to the Montgomery Police Department’s Narcotics office for

processing and further questioning.

(g) O. Jones stated he knew nothing about the defendant currency.

(h) An NCIC check on the subjects revealed that G.

Jones has been arrested for Violation of License to Carry Pistol, Making a False Report and

Resisting Arrest, along with other misdemeanor arrests. O. Jones has been arrested for

Violation of License to Carry a Pistol.

Claimant George Edward Jones, III

(a) That the evidence, especially the subject monies,

were obtained by the government as a result of illegal search and seizure.

(b) That the government’s evidence is insufficient,

especially after appropriate application of the Exclusionary Rule, to support forfeiture.

5. STIPULATIONS BY AND BETWEEN THE PARTIES:

(a) The written forensic analysis reports of the

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illegal drugs seized will be admitted as evidence without requiring testimony and presence

of forensic scientist who conducted the analysis;

(b) Claimant does not contest the analysis reflected on said reports;

(c) The United States does not contest George Jones’

standing to claim the Defendant currency.

It is ORDERED that:

1. The non-jury trial of this cause, which is to last half of a day, is set for October

15, 2007, at 9:30 a.m. in Courtroom 2-E of the Frank M. Johnson, Jr., United States

Courthouse Complex, One Church Street, Montgomery, Alabama. 

2. The parties shall file any requested voir dire questions, motions in limine fully

briefed, and any proposed jury instructions and verdict forms with legal citations thereon, on

or before October 1, 2007.

3. The parties are not required to file trial briefs, but if they choose to do so, the

briefs shall be filed on or before October 8, 2007.

4. Each party shall submit at the time of trial, for use by the court (the judge, law

clerk, and courtroom deputy), three copies of the witness list, exhibit list, and notebook of

pre-marked exhibits.

5. Each party shall submit a sufficient number of copies of exhibits for each of

the jurors and opposing counsel.

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6. The parties shall review and comply with the Middle District of Alabama’s

Order on the E-Government Act.

7. All deadlines not otherwise affected by this order will remain as set forth by

previous orders of the court.

8. The parties have indicated that there are no other disputes at this time. All

understandings, agreements, deadlines, and stipulations contained in this Order shall be

binding on all parties unless modified by the Court. 

DONE this 1st day of October, 2007.

 /s/ W. Keith Watkins 

UNITED STATES DISTRICT JUDGE

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