The Feds have tried to confiscate the gold teeth, or grillz, of two men charged with drug and gun violations.
This
story on the CNN page of Netscape says that even before they were found guilty, the Feds had warrants to take the gold teeth out of their mouths. What happened to innocent until proven guilty?? Even if the evidence is overwhelming, they should at least have waited for the verdict before confiscating any property.
``I've been doing this for over 30 years and I have never heard of anything like this,'' said Richard J. Troberman, a forfeiture specialist and past president of the Washington Association of Criminal Defense Lawyers. ``It sounds like Nazi Germany when they were removing the gold teeth from the bodies, but at least then they waited until they were dead.''
Some of the grillz are removable, like retainers, and some are not. These were not, and before the Feds got the suspects in a car on the way to the dentist one suspect called his lawyer, and they got a restraining order. But the scary part is this..
Schwartz and Zenon Peter Olbertz, Lewis' lawyer, criticized what they said was a clandestine attempt to have the grills removed.
``It's shocking that this kind of action by the federal government could be sought and accomplished in secret, without anyone being notified,'' said Schwartz. ``It reminds me of the secret detentions'' in terrorist cases.
Seizure warrants are typically sealed to prevent defendants from trying to move or hide valuables and evidence, Langlie and court clerks said. They become public with the filing of a return that shows what has been seized.
To be fair, the lawyers for the Feds claim that they didn't know that the caps were permanent when they got the warrant for them. They also didn't notify the defendants' lawyers before taking the men to the dentist to have the caps removed. After finding out that they were permanent, they dropped the matter. But still.....!!!
I can understand keeping the warrants secret, but not seizing assets before a conviction. Maybe freezing assets and bank accounts, but not seizing. If the jury finds out that the assets have been seized, doesn't that imply a presumption of guilt???
This isn't the way justice in America is supposed to work. One is assumed to be innocent until proven guilty, and to take assets that are forfeitable upon a guilty verdict before the trial has even started is outrageous. And personal assets like tooth caps is beyond the pale.