Texas DA tries to use illegally seized assets for own legal defense

By Muriel Kane
Friday, October 2nd, 2009 -- 10:00 pm
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russell100209 Texas DA tries to use illegally seized assets for own legal defenseThe American Civil Liberties Union on Friday filed a brief with the Texas Attorney General's office arguing that either the county or state must be forced to represent a county district attorney accused of illegally seizing money from mainly black motorists -- in amounts ranging from $4000 to $50,000 -- under the pretext of anti-drug forfeiture laws.

Shelby County District Attorney Lynda K. Russell is the subject of a federal lawsuit (pdf), along with the Deputy City Marshall, the mayor, and other local officials.

According to the ACLU, "Russell is accused of participating in a scheme in which authorities pull over mostly African-American motorists driving along a state highway in Tenaha, TX without cause, ask if they are carrying cash and, if so, order them to sign over the cash to the town or face felony charges of money laundering or other serious crimes."

Reports of similar cases are common throughout Texas, but legislation to tighten up the asset forfeiture laws has been stalled in the state legislature.

Shelby County has refused to represent Russell because she is a state employee, and the state Attorney General has also refused. Russell is therefore asking permission to use the seized money that is the subject of the lawsuit for her own defense.

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"It would be completely inappropriate for the district attorney to use assets which are the very subject of litigation charging her with participating in allegedly illegal activity to defend herself against these charges," said Lisa Graybill, Legal Director at the ACLU of Texas. "Texas has a long history of having its law enforcement officials unconstitutionally target racial minorities in the flawed and failed war on drugs and it is of paramount importance that those officials be held accountable."

Additional information about the ACLU Racial Justice Program is available online here.

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Story comments are below...

  • bitementexas
    Obviously you idiots who don't live in Texas, don't understand the forfeiture laws. Ignorance of the law is no excuse. If a person is carrying large sums of money and has NO EXPLANATION of the origin, the money is considered proceeds from illegal activities until determined otherwise. There are certain drug trafficking corridors in Texas that cause these poor criminals to travel through certain areas targeted by law enforcement ( criminals are too stupid to go a different way to avoid high profile areas) If the majority of those handed by police are of a certain race, this is as good a poll that will tell you who is conducting the majority of the criminal activity. Law enforcement despises criminals REGARDLESS OF THEIR RACE. If the money is confiscated by law enforcement, the person in possession has the right to petition the court for the return of the money after legal proof is provided about the origin of the money. Those who have voluntarily forfeited the money and have not petitioned the court for its return are guilty of SOME CRIMINAL ACTIVITY. What moron would voluntarily give up his money and then not seek its return. There's only one explanation.....GUILTY. As for seceding from the US, we would love to do that. Texas has enough resources that we would need no outside support. We would seal up the borders, not allow intrusion by illegal aliens, rebuild our social security and welfare systems which have been depleted by those not contributing, and not worry about the comments from you people who obviously don't contribute to your state's well being because you spend too much time on the computer whining about how law enforcement is unfair to your friends and waiting for your welfare checks to come in the mail. Why don't you people do something constructive like run for public office or get involved in politics and urge your senators and congressmen to initiate legislation to change those laws you believe to be unfair. As for us in Texas, we like the way things are. Be somebody, move to TEXAS.
  • MadTom
    I just hope she gets disbarred and sent to prison.

    The State Bar of Texas DID disbar a crooked DA like this a few years ago.

    Of course, they never disbar for prosecutorial misconduct. You can lie and cheat in a courtroom, but you can't be a CROOK -- in Texas, only the latter is wrongdoing.
  • shag11
    She wants to use seized money to defend herself. What an idiot. Texas is one of those states I think that should be allowed to secede, along with Mississippi, Alabama, Georgia and S. Carolina. They are backwards.
  • McLean, Virginia -- I was born in Texas and lived there until I graduated from The University in 1964. I know that state. It's as crooked as a dog's hind leg ...

    Don't ever go to Texas unless you are a wealthy Republican. Ann Richards was the last honest Texas politician.

    Those people just get poorer and more and more ignorant every day.

    Paul Matthews
  • akjim99
    So you haven't been there for 45 years and still feel compelled to speak out like a resident? There's a reason that Texas is still doing well in this economy. A bad apple or two doesn't spoil the bunch, and there is still nothing more than silly allegations from the ACLU. That really doesn't amount to very much.
  • NotConvinced
    I hear there's a made for TV movie coming out about this and John Goodman is going to play Lynday K. Russell. It's gonna be awesome
  • cliffhammond
    Justice has broken down because thugs control our law enforcement institutions.
  • dennycrane
    It's a wonder they didn't "seize" their property and build another damn baseball stadium.
  • gr8fuldaniel
    One of the main troopers was black, too.

    They should be handed over to their victims.
  • starvapor
    Please Texas, please walk your talk and succeed from the USA.
    We don't need or want you.
  • NotConvinced
    Texas is a strange place.
  • NotConvinced
    Gee who would have guessed that Texas is so racist. Maybe they should secede so they can enact laws that would allow this kind of behavior. They could even make laws to make it illegal to be a person of color. One can only dream.
  • Texas must be right cuz they got Jeebus and the bible and the 10 commandments (pick any 7- it's the american way!)
  • pitbullstew
    taint nuthin?
    my 63 year old friend was driving a rental car across Oklahoma when he saw a Highway Ptrol car whip a yueee and code three him to the side of the intertsate saying he clocked him 3 miles over the limit on his radar?
    my friend apologized saying he did not realize that and asked the officer to use discretion, where upon the patrol man made demand to search the car?
    my friend asked why and the partrol man said because the interstate was a known drug trafficking route, and because the car rental was from california and he was wearing baggy pants, he there fore must be suspect?
    my friend scoffed and denied the patrolman permission saying there was no reason to search where upon he was ordered out of the car and hancuffed until a sgt arrived with a warrant!
    and you'll never guess what they turned up in the car?
    less than one ounce of pot? in a rental car? from california? with a white haired, anglo, gang banger in baggy pants as probable cause?
    now? we all know how LA is having all those gang banger problems being cuased by the geriatic loco's and all? but one question evades me?
    how does one know some one else is wearing baggy pants when they are sitting behind the wheel?
    now I really have to ask here at raw story?
    when you read this article and then read this account of the outlaw renegade SSI outlaw wearing known gang attire ?
    does any one really believe when he gets to court there will be a judge very interested in the 4th ammendment here?
  • mmeflutterbye
    It's like if you are a tourist in Mexico and the police pull you over and give you a choice of handing your money over or a few days jail time. Texas has a bad reputation. Not only that, GWB lives there.
  • texasaggie
    "...legislation to tighten up the asset forfeiture laws has been stalled in the state legislature."

    Well, of course. How else do you expect Texas to balance its budget? Stealing is the same as a speed trap and those are illegal. So is stealing except if the Texas authorities do it. This woman needs to spend the same amount of time in jail as anyone else who steals however much she stole.
  • texasaggie
    "...legislation to tighten up the asset forfeiture laws has been stalled in the state legislature."

    Well, of course. How else do you expect Texas to balance its budget? Stealing is the same as a speed trap and those are illegal. So is stealing except if the Texas authorities do it. This woman needs to spend the same amount of time in jail as anyone else who steals however much she stole.
  • BigBuck
    The South have been allowed to secede.
  • roooth
    One Florida county got caught doing this on I-95 a few yrs back. If you were black or Hispanic, carrying any cash was risky.

    Pretty sad when the state is the highway robbers
  • WallaceN
    Why would anyone, white or black, want to live in Texas. Really. Is it true they execute more prisoners than the rest of the states combined? Hard to believe. "Law-enforcement" in Texas has a whole different meaning.
  • roooth
    Just under Bush, especially when Alberto Gonzales was his toady.
  • bayside
    Border patrol has been doing this for years to mexicans and blacks..Need to build us a family values prison.
  • zentrails
    Let's investigate ACORN. It must be their fault.
  • Notorious Kelly
    Pirates used to string chain across the Rhein river, demanding a "toll" with threat to liberty, life and limb.

    Today that river is the Interstate Highway System, and cops are the pirates.

    "Shouldn't be speedin in MAH town boyeeeeee", *spit* - harkens back to the worst of the racist south.

    When cops cross the line like this, that badge is no longer a shield - it's a Target.

    .
  • gr8fuldaniel
    Cops? No. there are good cops and bad cops.

    These are Nazi Pigs.
  • kevindo
    Ever notice that Texas pretty much embodies the worst of humanity? Nothing good ever goes on or comes out of there.
  • MacDaffy
    Can we add Florida? It's shaped like that for a reason: One of nature's warning signs.
  • texasaggie
    Ivins, Hightower, Richards (mere et filles), Barbara Thompson, Ralph Yarborough, Lady Bird Johnson, beef barbeque, ...
  • roooth
    And they give less in revenues but take more in Federal money than almost any other state.
  • MadTom
    The State Bar of Texas has disbarred a few crooked prosecutors like this in the past. Here's hoping they get this skank.

    No, they don't disbar for prosecutorial misconduct in trials, or judicial misconduct in refusing to hear death penalty appeals. But they do disbar racketeers like this "lady".
  • F'ing insane! I can't believe they can even attempt to come up with a reason for doing this.
  • gr8fuldaniel
    Racism is as good a reason as they need
  • MadTom
    This IS the essence of small town Texas, especially East Texas.

    Bet tiny Tenaha has a huge, over-equipped police force, and that all the local officials are ,,, inexplicably prosperous.
  • terrymo1
    Let her put her ass on the street. Maybe she can make a few bucks. but as ugly as she is,i doubt it.
  • H.P. Loathecraft
    Maybe 'she' could cross-dress and go gay hooker.
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