7/29/11 Indictment seeks forfeiture of psilocybin defendant's homes

  • By Nick Sabo
  • July 29, 2011
  • 439
                        
SUMMARY: State must prove property, vehicles, guns tied to drug activity If convicted, codefendants charged in a hallucinogenic mushroom bust stand to have real estate, firearms and other personal property seized by the state. According to an indictment filed by the Wayne County grand jury, the state will seek properties owned by Bert D. Underwood, 58, 692 Greenwood Boulevard, Wooster, and Harry J. and Ilene Bennett, 7040 Cleveland Road, Wooster. The properties include Underwood’s Greenwood Boulevard residence and the Bennett’s Cleveland Road residence, as well as a residence at 5672 Force Road, Clinton Township. The Ohio Revised Code allows contraband, proceeds derived from criminal activity or any instrument used to commit a crime to be forfeited to the state. For example, in the case of a hallucinogenic mushroom growing operation, contraband may be psilocybin mushrooms, and proceeds would be cash earned from selling the mushrooms. An instrument could be anything from incubation jars on up to a house, so long as it is central to the activity of cultivation. In the case of Underwood and the Bennett family, the state must prove the residences were used to in the cultivation, sale or preparation of psilocybin mushrooms. Wayne County Prosecuting Attorney Dan Lutz said actually seizing the property takes more than inclusion in the indictment and a conviction. “There has to be a whole nexus tying it all together,” Lutz said. “There will be a hearing, and it is the state’s burden to prove a connection.” According to Lutz, forfeiture is usually carried out in one of two ways: As part of plea negotiations, or in a hearing following a conviction by trial. In the case of a trial where a guilty verdict is arrived at, the jury must decide on the issue of forfeiture in a separate hearing. Underwood is charged with five counts of trafficking in drugs and three counts of illegal manufacture or illegal cultivation of drugs. The charges stem from a Medway investigation largely carried out between March 7 - June 6. The investigation by Medway involved several controlled buys using a confidential informant. Also charged in the indictment are Harry Bennett, 67, with permitting drug abuse; Ilene Bennett, 67, with illegal manufacture or illegal cultivation of drugs and permitting drug abuse; Brian K. Brown, 44, 7040 Cleveland Road, Wooster, with seven counts of trafficking in drugs, two counts of trafficking in counterfeit controlled substances and seven counts of illegal manufacture or cultivation of drugs; Shannon M. Yeagley, 29, 3669 E. Sterling Road, Creston, with two counts of illegal manufacture or illegal cultivation of drugs, trafficking in drugs and permitting drug abuse; Justin R. Graham, 27, 140 N. Main St., Creston, with four counts of trafficking in drugs and one count of illegal manufacture or illegal cultivation of drugs. Underwood allegedly made some of the sales from his jewelry store at 2991 Cleveland Road, Wooster. It is believed Brown taught the others how to grow psilocybin mushrooms, and that some codefendants acted together in small groups but independent of each other. Also subject to forfeiture, according to the indictment, is a Harley Davidson motorcycle, 35 firearms and ammunition, $2,384 in cash, 42 silver coins and bars, all owned by Underwood; a firearm owned by Brown; A 1994 Ford truck owned by Harry Bennett, and miscellaneous equipment allegedly used in the cultivation of psilocybin mushrooms. Medway Director David Smith said forfeited items may be sold at auction or appropriated for use by law enforcement. The proceeds from auction can be used to replace money used in an investigation. “It’s a way for us to recoup losses. We can get back some of our expenditures,” Smith said. “We had a tremendous amount of time and money in (the psilocybin) investigation.” Seizing property further hits the convicted offender square in the wallet, Smith said. “When you have drug offenders who are not getting any jail time, it’s another way to attack them: Financially,” Smith said. “If we take that property from them, it makes it harder to stay in business.” Before the seized property can be sold, any liens must first be satisfied. At the forfeiture hearing, any interested third party, such as a bank holding a mortgage, has a say in the proceedings, Lutz said. The properties have a combined tax value of $253,420, according to Wayne County Auditor records. The Greenwood Boulevard property was purchased in April 2, 2010 for $123,000 and its tax value is listed at $125,900. Recently, Medway seized a Chrysler 300 owned by convicted drug dealer Juneo Benjamin, 35, Orrville. The Chrysler was purchased by Benjamin for $44,000 in 2007 on a 39 month lease, Smith said. Approximately $11,000 is still owed on the car, Smith said, which has 108,000 miles on the odometer. Smith said if Medway can satisfy the remainder of the loan, they “may make $1,000” at auction. Likewise, the Greenwood Boulevard property, a condo, was purchased in April 2, 2010 for $123,000 and its tax value is listed at $125,900. Yeagley, Harry and Ilene Bennett, Graham and Brown are scheduled for pretrial conferences Aug. 25 in Wayne County Common Pleas Court. Underwood is scheduled for a Aug. 2 pretrial hearing. The six defendants have pleaded not guilty to all charges.


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