BRANFORD, Conn., June 28, 2007

Feds Can Seize Half Of House In Pot Case

Court Rules Wife's Interest In House Cannot Be Seized Because Of Husband's Conviction

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(CBS/AP)  A Connecticut woman who has maintained that she was not aware of her husband's hobby of raising marijuana in the basement will get to keep her half of their house, a federal appeals court has ruled.

The 2nd Circuit U.S. Court of Appeals, in a decision issued Wednesday, ruled that Harold von Hofe has to forfeit his interest in the home to the federal government. However, his wife does not have to because she was not actively involved in her husband's marijuana cultivation.

"The record is devoid of any evidence indicating her use of drugs or her involvement in any criminal activity whatsoever," the appeals court wrote.

The appeals court indicated that Kathleen von Hofe did know about the presence of the plants and did nothing to stop her husband's "horticultural hobby," but that her culpability falls at the low end of the scale.

Von Hofe and his wife were charged in 2001 after police raided their home and found 65 marijuana plants, glass smoking pipes and other items associated with growing marijuana in the basement.

Harold von Hofe, formerly a high school teacher, admitted to raising marijuana for himself and to bartering the drug for home repairs, though he did not sell it. He pleaded guilty to manufacture or distribution of a controlled substance. Kathleen von Hofe, a nurse, pleaded guilty to possession of a controlled substance, though she told a jury that she only pleaded guilty to the misdemeanor to save her two sons, claiming local authorities had threatened to press charges against her sons if she did not enter a plea. Both avoided prison time and received suspended sentences and probation.

The federal government then moved to seize their property, a ranch home they have lived in since 1979 that is valued at $248,000.

After a federal judge cleared the way for the house to be forfeited, the von Hofes appealed the decision, saying the forfeiture violated the Excessive Fines Clause of the Eighth Amendment to the Constitution.

The Comprehensive Drug Abuse Prevention and Control Act of 1970 permits forfeiture of property used to commit or facilitate the commission of a violation of the Controlled Substances Act.

While affirming the forfeiture of Mr. von Hofe’s interest in the house, the Appeals Court vacated the forfeiture of Ms. von Hofe's interest. "Not only would forfeiture extinguish her substantial equity," the court wrote, "it would amount to an eviction, destroying her “right to maintain control over [her] home, and to be free from governmental interference, ... a private interest of historic and continuing importance.”

The von Hofes' attorney, Jonathan J. Einhorn, said a possible result is that Kathleen von Hofe will have to secure a mortgage for the government's half-interest in her home.

"We won the appeal for Kathleen, so she ends up owning half-interest with the government," Einhorn said.


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Add a Comment See all 58 Comments
by my2centss June 30, 2007 1:21 PM EDT
Seize the banks half. Now her half is paid-off. She can buy the other half at auction, for pennies on the dollar.
Reply to this comment
by slim1h2o June 29, 2007 7:18 PM EDT
HaHahahahahahaha,,,,.....I think LOL
Reply to this comment
by rushman71 June 29, 2007 7:16 PM EDT
slim1h2o: I thought you had 'em. Or was it Abe? Oh shiiit. I ate em. I hate it when I do that.
Reply to this comment
by slim1h2o June 29, 2007 7:08 PM EDT
Hey where's the pretzels?
Reply to this comment
by rushman71 June 29, 2007 6:22 PM EDT
HonestAbe8: Thanks for your feedback. Now could someone pass the chips!!!!
Reply to this comment
by honestabe8 June 29, 2007 6:18 PM EDT
ianlou: i was incorrect, it was august 28, 1964.

http://expectingrain.com/dok/int/theloveyoumake.html

gunownerdan: i agree totally. prohibition is price support to organized crime.
Reply to this comment
by ianlou June 29, 2007 6:14 PM EDT
Thanks, HonestAbe8
I love trivial history.

"If we ignore trivial history we're bound to forget it"

Winston Churchill
Reply to this comment
by gunownerdan June 29, 2007 6:11 PM EDT
Drug prohibition is a drug gang's best friend.
Cops say LEGALIZE and REGULATE MARIJUANA!
www.leap.cc
Reply to this comment
by honestabe8 June 29, 2007 6:10 PM EDT
ianlou: apparently, it was April 28, 1964. dylan twisted some up and ringo was lennon's taster.
Reply to this comment
by ianlou June 29, 2007 6:08 PM EDT
Some say the greatest contribution Bob Dylan made to Rock Music was introducing the Beatles to marijuana. Soon after they left the "I want to hold your hand" phase of their musical offerings far behind.


Hey, I Know, lets get together later, have some pop and listen to the new Spice Girls CD!!!
Reply to this comment
by honestabe8 June 29, 2007 6:01 PM EDT
rushman: yep, i did see those ONDCP commercials. what nonsense. good post. for the people who trumpet the line that most junkies started out on pot, perhaps they can explain also that most junkies started out on milk. dishonest, cynical cops and legislators. all to extort money. the legislators who push this should be jailed (maximum security, with bubba as their diseased cellmate).
Reply to this comment
by rushman71 June 29, 2007 5:52 PM EDT
Our society is so friggin scared of pot that they would do anything to abolish it. Did anyone see that child drawing animated commercial about pot and how bad it is. Talk about PROPOGANDA!!! The worst that could happen during being stoned is falling asleep on the couch. If your driving and are stoned, you end up having an anxiety attack and your attention is everywhere!!! But alcohol is legal?!?!?!?! You could even OD on alcohol. Thousands and thousands of people DIE each year due to alcohol related accidents. When was the last time you heard of any type of death related to only marijuana? None that I can recall. Wake up America!!!! "Pot leads to other drugs." That may be true to some (idiots in my opinion), but I believe that if it is not natural, it's not worth it. Legalize Marijuana!!! For a Better, Peaceful America!!!

Roll it up,
Light it up,
Smoke it up,
Inhale!!!
Exhale!!!
Reply to this comment
by slim1h2o June 29, 2007 5:25 PM EDT
just hate it when that happens!!! What are we talking about? I forgot!!! LOL
Posted by rushman71 at 02:21 PM : Jun 29, 2007


now thats funny,,LOL
Reply to this comment
by rushman71 June 29, 2007 5:24 PM EDT
Hey, could someone pass the pretzels!!!
Reply to this comment
by ianlou June 29, 2007 5:23 PM EDT
slim: and they tend to eat salty snackfoods. what desperados. a drunk will barge through a stop sign, a stoner will sit there for 10 minutes waiting for it to turn green
Posted by HonestAbe8 at 02:12 PM : Jun 29, 2007

That's Funny!!
Reply to this comment
by rushman71 June 29, 2007 5:21 PM EDT
slim: and they tend to eat salty snackfoods. what desperados. a drunk will barge through a stop sign, a stoner will sit there for 10 minutes waiting for it to turn green
Posted by HonestAbe8

I just hate it when that happens!!! What are we talking about? I forgot!!! LOL
Reply to this comment
by slim1h2o June 29, 2007 5:14 PM EDT
Abe, Then laugh, when it doesn't
Reply to this comment
by honestabe8 June 29, 2007 5:12 PM EDT
slim: and they tend to eat salty snackfoods. what desperados. a drunk will barge through a stop sign, a stoner will sit there for 10 minutes waiting for it to turn green
Reply to this comment
by slim1h2o June 29, 2007 5:07 PM EDT
Honestabe, I agree wholeheartedly, alcohol does make people more aggressive. I've seen more fights when beer is involved, then weed. With that people just gets happy, and giggly, and laugh at the silliest of things
Reply to this comment
by honestabe8 June 29, 2007 5:01 PM EDT
Alcohol has a tendency to make people aggressive, pot has a tendency to make people passive. Which is the greater public safety risk? That said, a beer is tasty now and then.
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