« Ind. Courts - "LaPorte deputy prosecutor shot" [Updated] | Main | Environment - "IDEM actions raise eyebrows, questions" »

Wednesday, December 24, 2008

Ind. Courts - Delaware County prosecutor ordered to repay lawyer fees, seized money

Rick Yencer reports today in the Muncie Star-Press in a story that begins:

Delaware County Prosecutor Mark McKinney and a deputy prosecutor were ordered to repay thousands of dollars in attorney fees and seized money from more than 40 drug forfeiture cases where confidential agreements were used without a court order.
Advertisement

Delaware Circuit Court 2 Judge Richard Dailey issued the order Tuesday after more than six hours of testimony and evidence in the trial to determine whether McKinney and Deputy Prosecutor Eric Hoffman were entitled to legal fees on civil forfeiture cases that violated the law.

Dailey already ruled last month that McKinney repay $18,392 in attorney fees from 10 cases, but withheld final judgment because more cases were added where confidential settlements were used. There was no immediate estimate for the fees and assets from the 40 cases.

A beleaguered McKinney, who took the stand in his own defense, testified that he never had anything to do with how the city accounted for seized drug money and property that went to the Muncie-Delaware County Drug Task Force through confidential settlements instead of being adjudicated by the court.

And as far as attorney fees that usually were 25 percent of seized money and property, McKinney said, "For me, it was never about the money. It was taking the money from the bad guys that I was concerned about."

If the lawyers were to blame, said McKinney's attorney Kevin McGoff, it was because their client, the city, did not provide them good information.

McGoff argued that former mayor Dan Canan's administration ignored seven years of writeups by the State Board of Accounts because forfeited money and property from accused drug dealers was not going into local government or state coffers as required by law.

More from the story:
McKinney, with his wife Joann nearby, declined to comment, deferring to McGoff, who said he planned to appeal. Bryan also plans an appeal.

Both had tried to remove Dailey as judge. McKinney also attempted this summer to have the Indiana Supreme Court remove Dailey, but the court gave Dailey jurisdiction to adjudicate civil drug forfeiture cases.

The Supreme Court's disciplinary commission continues to investigate a misconduct complaint against McKinney for misleading the court by using confidential settlements in drug forfeitures. A spokesman for the disciplinary commission said this week there still is nothing to announce as to whether McKinney will face disciplinary action.

Posted by Marcia Oddi on December 24, 2008 10:43 AM
Posted to Indiana Courts