"A federal magistrate judge has rejected federal law enforcement officials’ attempt to seize a Tewksbury motel due to drug activity that had taken place there over the years.
“After careful consideration of the evidence, pleadings, and argument of counsel, this Court concludes that the Government has failed to meet its burden of establishing that the Motel is subject to forfeiture,” US Magistrate Judge Judith Dein wrote in a ruling today.
Dein also found that the owner of the Caswell Motel, Russell H. Caswell, had met his burden of proving that he was the “innocent owner” of the property.
The judge dismissed the forfeiture action brought by the government.
Caswell has been battling the government since September 2009 to save the motel his father built in 1955. The government sought to seize the motel using a civil asset forfeiture law that allows the government to seize property linked to drug crimes.
The government introduced information about 15 specific drug-related incidents at the motel from 1994 to 2008, a period of time, the judge noted, when the motel had rented out 196,000 rooms.
But Caswell has never been charged with — or even accused of — any criminal wrongdoing, the Globe reported in November."..............
frogger wrote: 196,000 rentals over the years and just 15 incidents. I wonder if the Motel 6 on 6th ave. can say the same thing.
Glad the guy won.
Me too but it took him years. Wonder what it cost. Just another example of government gone wild. It is sad and scary that so many seem not to notice or not to care.
