[News Hawk]

Memo Parker, the Ukiah man whose Gardens Avenue home was raided by police in October, is asking police to return two vehicles seized during the service of the search warrant, saying they had no right to take them.

The vehicles, a BMW sedan and a GMC pickup, were seized Oct. 16, along with 400 growing marijuana plants and 170 pounds of processed marijuana.

David Nick, who is representing Parker, said the police had no right to seize the vehicles because there is no evidence they were purchased with money gained from marijuana sales or that they were used in the transportation and sale of marijuana.

"The prosecution has no idea, and no evidence, of what the owner was doing in 1998, 1999, 2000, 2001, 2002 and 2003," Nick said.

The BMW was purchased in 1998 and paid off in 2003. The GMC was purchased in 2003 for cash.

Nick said the prosecution's case is based on the lack of any tax returns filed by Parker between the years 1998 and 2005. Nick said not filing tax returns is not proof Parker was selling marijuana to make money.

"Just because he doesn't have a reported income doesn't mean he is making his money from marijuana sales," Nick said.

Deputy District Attorney Brian Newman argued there was enough evidence at
the time the search warrant was served to seize the vehicles because both were purchased with the proceeds from drug sales.

Newman said the GMC pickup was purchased in 2003 for cash, at a time when Parker reported no income to the federal government. Newman said that, combined with the drug charges, is evidence that the vehicle was purchased with money gained from drug sales.

"There is no legitimate, above-board income recorded for Mr. Parker after 1998," Newman said.

He said the same applies to the BMW, which was not fully paid off until 2003.

Superior Court Judge Richard Henderson said he would consider the arguments and respond to both parties in writing next week.

Parker is scheduled to go to trial Feb. 20 on charges of possession of marijuana for sale, cultivation of marijuana for sale, management of a location for the production of a controlled substance, possession of concentrated cannabis and one count of failure to file a tax return.

His brother, Mark Parker, is charged with possession of marijuana for sale, cultivation of marijuana for sale and management of a location for the production of a controlled substance.


Newshawk: Spliff Twister - 420 Girls
Source: he Ukiah Daily Journal
Pubdate: 9 December 2006
Author: Ben Brown
Copyright: 2006 he Ukiah Daily Journal
Contact: udjbb@pacific.net
Website: http://www.ukiahdailyjournal.com/