Public rails against forfeiture

By Nathan Mayberg
GOSHEN — Dozens of speakers thundered against the proposed asset forfeiture law at two public hearings held Monday by Orange County Executive Steve Neuhaus.

The law would allow the District Attorney's Office to seize cash, cars and other property tied to misdemeanor drug crimes. Just one speaker spoke in favor of the law: District Attorney David Hoovler, who proposed it.

One Republican who voted in favor of the law signaled this week that he changed his mind.

"If the county executive vetoed it, I would be supportive of that," said Legislator Paul Ruszkiewicz (R-Pine Island). "If there is that much opposition to it, it probably isn't worth it."

Ruszkiewicz said Hoovler already uses a state forfeiture law for felony cases.

Neuhaus said he'll decide on Friday whether to sign the law, which passed the legislature on a party-line vote with all Republicans in favor and all Democrats opposed.

On Monday, speakers said the law would encroach on their constitutional rights against unwarranted search and seizure and due process. Many challenged the part of the law that allows forfeiture to begin before conviction.

Defense attorney Michael Sussman said the law was unconstitutional and set penalties for criminal acts beyond the county's rights. He called the law "an insult to due process and nothing more than a money-making gimmick which diminishes our liberty."

He threatened to sue the county over the law, saying it would "put significant pressure on people to plead guilty to crimes they have not committed."

Family car on the line
Speakers worried the law could hurt families. Young people driving their parents' cars could lose them if a passenger was found with drugs, they said.

"Kids under 22 exhibit poor judgment" that could cost them the family car, said Dawn Hoagland of Woodbury. She said it was "not wise" to create a "monetary incentive" for policing.

Richard Collins of Wallkill said his son might drive home an intoxicated friend but lose the family car for "doing the right thing" if the passenger had drugs.

"If you have a child, you don't know what they are doing every moment of the day," said Frances Meyer of Wallkill.

Meyer said forfeiture laws were supposed to go after drug cartels. She cited national cases in which police use forfeiture laws to take cash during traffic stops. "That's not American," she said.

"Nobody in this room has to worry about forfeiture," said Hoovler, eliciting a flurry of responses.

He then said: "If you think your going to get caught up in the law, maybe you should come upstairs and tell us who you are," Hoovler said to the crowd.

"That's insulting," yelled one woman.

With "the stroke of a pen you will turn police into entrepreneurs on a road to disaster," she said.

Hoovler said, "I'm not here to say it's a perfect law. Can it be abused? Absolutely. It makes sense to at least give it a try."

More money for services
A Newburgh man noted the law allows the DA to pursue forfeiture against non-criminal defendants who receive property that is tied to somebody in a misdemeanor drug case.

"I live in a place where the economy is built on people selling (property) short," he said.

Hoovler said there have been approximately 100 felony forfeiture cases in 2014, and defendants signed off on all of them. Most of the forfeitures have been of cash, while a few have been for cars, he said.

Under the law, a defendant could request a civil hearing, but the DA's standard of proof would be less than a criminal case.

Hoovler characterized the law as a way to bring more revenue to the county by seeking forfeiture under misdemeanor drug charges added to felonies. In a subsequent interview, Hoovler said he would still have the ability to seek forfeiture in strictly misdemeanor cases. Originally, Hoovler had proposed extending forfeiture to all misdemeanor cases.

Hoovler said the law could be used to help update old equipment in his office and aid services such as rape crisis and domestic violence.

"Rape crisis doesn't get that money if we don't get forfeiture," Hoovler said. "Police don't get training if we don't get forfeiture."

But Neuhaus said the forfeiture law should not be used as a revenue generator.

"It's not the way to make money to take advantage of people," he said. "I would give the District Attorney equipment if he needs it."

Neuhaus said he's received a lot of phone calls objecting to the law, and that some Republicans who supported it are having second thoughts.

A lot of people are concerned about their civil liberties and the law being abused, Neuhaus said. "That's a problem," he said.

Tony Hilinski of New Windsor said if his family car was taken from him due to a mishap involving his son, it would "be the county executive's job to drive my son to work."

Reporter Nathan Mayberg can be reached at comm.reporter@strausnews.com or by calling 845-469-9000 ext. 359.