Ala. woman fights land seizure after spouse dies
Published: September 28, 2009
MONTGOMERY, Ala. (AP) — A Chilton County woman is fighting an effort by federal prosecutors to seize her home and 40 acres in a marijuana case against her husband, who committed suicide during his trial.
Mara Lynn Williams, 56, a cancer survivor who works as a nurse at Jackson Hospital in Montgomery, said she knew that her husband, Royce, 53, used marijuana for chronic pain after multiple surgeries.
But she said she did not know he was growing it on their acreage, and she was not charged in the criminal case. Her husband was found dead from a self-inflicted gunshot in a car in May as a jury was deliberating the drug charges against him.
Mara Lynn Williams said it is wrong for federal agents to seek to take her home, which she and her husband built, and about 40 acres that have been in his family for generations.
“It is not morally right. My husband has paid with his life. What else do they want?“ Williams told the Montgomery Advertiser in a story Sunday.
Asset Forfeiture Coordinator Tommie Brown Hardwick said it is standard procedure for the U.S. attorney’s office to seize property that is believed to have been used to contribute to a crime.
“(Williams’) death, which ended the criminal case, had no effect on the ongoing civil case,“ said Hardwick.
“The bottom line is, we don’t want people to benefit from criminal activity,“ Hardwick said.
Trial in the forfeiture case is set for early next year.
Williams’ attorney, David Karn of Clanton, said the government will have to show that Mara Lynn Williams took part in the drug operation. Otherwise, she is protected by what is known as the “innocent spouse” rule, he said.
But he said a civil forfeiture case “is an uphill battle from any landowner’s perspective.“
Alabama Bureau of Investigation agents discovered the marijuana while flying over it in a helicopter. The Advertiser said court records show that 408 marijuana plants were found on the property behind a school bus a couple of hundred yards from the house.
Authorities seized 10 firearms, $18,400 in cash, vehicles, computers and other belongings.
Williams said several of the vehicles were returned and that she does not want the guns back, though one belonged to her father. She said her husband liked to keep cash handy and had expected to be out of construction work.
Mara Lynn Williams said she was diagnosed in 2003 with breast cancer that subsequently spread to her liver, lungs and bone, but is now in remission.
“It has been in remission before, so I know it will be back,“ she said.
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It does not matter how much he was growing. The bottom line is that he as well as anyone else SHOULD have a right to grow. To bicker over personal use is a PERSONAL matter anyway. There is thousands of uses for every part of the marijuana plant.
If he wanted to wipe his tail with leafs so be it. If he wanted to use the buds as incense or firewood or Lord only knows what else dont you think that 400 plants would go mighty fast?
What if he was growing for others in need? Once again regardless how much he should have that right.
So the money mystifies you just like it does the government huh? Normal people? Whens the last time you seen a normal person?
Bottom line is He as well as anyone should have a right to have that amount of money or greater regardless. Are you implicating that those that save thier money under the matress are criminals? Once again that is a personal matter. A place you or government has no right to discern. If she is innocent?
Continue to look through the eyes of tyranny it’s what they want.
Theres is no justice in this case or any other similar . The law is dictating the peoples rights and tax money. If you want “change” stop seeing incremental validation in the un-just actions they control us with.
I do not want to seem mean but he was doing more than growing weed for use in pain relieving with over 400 plants. Normal people do not have $18,000 in cash in there house either…..safer in a bank unless you have something to hide…..I do feel for her if she truely did not know about the plants…but I have my doubts…..If she is innocient I hope she gets to keep her home…..
I truly believe that the real crime being committed here is the Asset Forfeiture Laws. These laws are nothing but the government agencies being allowed to steel your property, theft by any other name is still a theft irregardless of whether a government agency does it or a private party steels from you. The governmental agencies involved do not buy the properties involved, they steel it or as they like to call it confiscate it.What crime has been committed by this woman? Nothing, she did not know her husband was growing marijuana in the back yard so if a crime was committed and he killed himself, the case should have been closed, because this woman was not involved in the crime and all properties owned by this woman and her husband should remain in her possession. The question remains though Marijuana should it be illegal? I think not! Should a government agency be able to tell you what kind of relief you can use to alleviate your pain or suffering? You be the judge.
I share the following with some hesitancy. I personally feel some affinity for both Loretta Nall and John Rochester. They both have their own “unique” approaches and yet who doesn’t.
Also, I once had a judge tell me “It’s a mighty think dime which doesn’t have two sides.“ In cases such as these, we might ought to go beyond just two sides.
Here’s the link: http://nallforgovernor.blogspot.com/2009/09/drug-dealing-judges-son-alex-rochester.html
If Ms. Nall got and conveys correct information then Ms. Williams’ situation seems all the more unjust.
I share the following with some hesitancy. I think favorably as to both Loretta Nall and John Rochester. They both have their own “unique” approaches and yet who doesn’t. I once had a judge tell me “It’s a mighty think dime which doesn’t have two sides.“ In cases such as these we might ought to go beyond just two sides.
Here’s the link: http://nallforgovernor.blogspot.com/2009/09/drug-dealing-judges-son-alex-rochester.html
If Ms. Nall got and conveys correct information then Ms. Williams’ situation seems all the more unjust.
http://www.youtube.com/watch?v=LayaGk0TMDc
this is the one i watched
Hi folks,
Looked up the LEAP thing on u-tube.Theres alot of info on there.Turns out this thing was founded by retired police officers and drug agencies.
Theres alot of info from what i would call experts.They make alot of sence,and i think we would be hard pressed to find anyone who knew more about it.
Guess it makes to much sense for anyone to pay attention to.
LEAP’s figures might indeed be a stretch plus they also seem to want to also add cocaine and heroin to the legal side of this. I think we need to emphasize the demand side and treatment for all drugs but I’m not so sure I’d legalize the harder stuff.
As far as the CSM, I suppose it partly depends on the journalist(s) involved. I generally find their stuff via an aggregator but do drop by and visit at times.
A good follow up article their Plaid. I had some idea of the affects that the legalization of marijuana might have.
We allow alcohol and tobacco products to be sold, both of which can cause some form of addiction or dependence, and yet we do not allow a product that has no current signs of addiction.
The amount of money from taxing was very high in that article. I only wonder how accurate a prediction it is. Plaid, do you by chance scope out articles on CSM regularly or know how good reliable a source they are? Seems like they have some interesting articles.
-J
Indeed I’ll be pulling for the defendant, even if she might have had some understanding of what was going on, when the trial roles around.
When we have large pharmaceutical, defense contractors, and the like that engage in profitable crimes and lose their offices to state and federal agencies then perhaps I’ll have more understanding for those seeking this forfeiture.
Modern forfeiture practices I think relate back to the “War on Drugs” that started in the early 80s under Reagan. The emphasis on incarceration and interdiction has left a trail of ruined lives and wasted money. Exploding prison populations and broken homes are another legacy and cost.
A recent piece I read that I’ll share was Patrik Jonsson in the CSM titled
“Is war on drugs worth it? Maybe not, new FBI data suggest” at http://www.csmonitor.com/2009/0916/p02s01-usgn.html
The last national drug policy that made sense to me was under Nixon. Carter started strong and yet he faded with the rise of PRIDE and the general turn toward “backlash” politics.
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