U.S. v. One Parcel of Prop. Loc. at 32 Medley Lane

• Decision Date: 31 May 2005
• Docket Number: No. 3:01CV2290MRK.,3:01CV2290MRK.
• Citation: 372 F.Supp.2d 248
• Court: U.S. District Court — District of Connecticut
• Parties: UNITED STATES of America, Plaintiff, v. ONE PARCEL OF PROPERTY LOCATED AT 32 MEDLEY LANE, BRANFORD, CONNECTICUT, With all Appurtenances and Improvements Thereon, Defendant. [Claimants: Harold E. VON HOFE and Kathleen M. Von Hofe]

372 F.Supp.2d 248

UNITED STATES of America, Plaintiff, v. ONE PARCEL OF PROPERTY LOCATED AT 32 MEDLEY LANE, BRANFORD, CONNECTICUT, With all Appurtenances and Improvements Thereon, Defendant.

[Claimants: Harold E. VON HOFE and Kathleen M. Von Hofe]

No. 3:01CV2290MRK.

United States District Court, D. Connecticut.

May 31, 2005.

COPYRIGHT MATERIAL OMITTED

David X. Sullivan, John B. Hughes, Julie G. Turbert, U.S. Attorney's Office, New Haven, CT, for Plaintiff.

James F. Cirillo, Jr., Branford, CT, Jonathan J. Einhorn, New Haven, CT, for Defendant.

MEMORANDUM OF DECISION

KRAVITZ, District Judge.

This is a civil forfeiture action brought by the United States against the home of Harold E. von Hofe and Kathleen M. von Hofe (collectively, "Claimants") under the Civil Asset Forfeiture Reform Act of 2000 ("CAFRA"), Pub.L. No. 106-185, 114 Stat. 202 (2000), codified at 18 U.S.C. § 983. Following a jury verdict for the Government finding that the von Hofes' home — located at 32 Medley Lane, in Branford, Connecticut (the "Property") — was subject to forfeiture and that Claimant Kathleen von Hofe was not an "innocent owner," Claimants petitioned this Court under CAFRA to determine whether forfeiture of the Property would be "constitutionally excessive" and if so, "to reduce or eliminate the forfeiture as necessary to avoid a violation of the Excessive Fines Clause of the Eighth Amendment." 18 U.S.C. § 983(g)(4). See Motion to Determine Whether Forfeiture was Constitutionally Excessive [doc. # 67]; Amended Answer to Complaint by Kathleen M. von Hofe [doc. # 43]; Amended Answer to Complaint by Harold E. von Hofe [doc. # 49]. For the reasons stated below, the Court concludes that forfeiture of Claimants' interests in the Property does not violate the Excessive Fines Clause of the Eighth Amendment.

I.

A.

As explained in an earlier decision in this case, familiarity with which is assumed, the Court tried the issues raised by this civil forfeiture action in two steps. See Ruling and Order [doc. # 59]; see also United States v. 32 Medley Lane, No. 3:01cv2290(MRK), 2005 WL 465421 (D.Conn. Feb. 11, 2005). First, the Court held a jury trial focused on two issues. One issue was whether the Property was subject to forfeiture under 21 U.S.C. § 881(a)(7).¹ On that issue, CAFRA required the Government to prove by a preponderance of the evidence that there was a substantial connection between the Property and a violation of federal narcotics laws punishable by more than one year's imprisonment. See 21 U.S.C. § 983(c).² The offenses punishable by more than one year's imprisonment that were the basis of the Government's forfeiture claim at trial are found at 21 U.S.C. § 841(a) — which makes it illegal to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute or dispense, the controlled substance of marijuana — and at 21 U.S.C. § 846 — which makes it illegal to conspire or attempt to conspire to do the acts prohibited by § 841(a).³

The second issue presented to the jury was whether Claimant Kathleen von Hofe was an "innocent owner" under CAFRA. The parties stipulated that the Property was jointly owned by Mr. and Mrs. von Hofe. See Joint Stipulation of Law & Fact [doc. # 56] at 1.⁴ Therefore, Mrs. von Hofe, who testified before the jury, bore the burden under CAFRA of proving by a preponderance of the evidence that she did not know of the illegal activity at her home that gave rise to the forfeiture. See 18 U.S.C. § 983(d)(2)(A)(i).⁵ Mr. von Hofe did not assert an innocent owner defense, and he did not testify during the jury trial phase of the case.

The jury returned a verdict explicitly finding that the Government had satisfied its burden of establishing that the Property was subject to forfeiture and that Mrs. von Hofe had not shouldered her burden of proving that she was an innocent owner. See Jury Verdict [doc. # 65]. After discharging the jury, the Court proceeded to the second phase of the case, in which the Court held a further evidentiary hearing — without the jury — on the issue of constitutional excessiveness. The parties agreed that in determining whether forfeiture of the Property was constitutional, the Court could consider the record (both the testimony and documentary evidence) from the jury trial as well as any additional evidence submitted by the parties during the evidentiary hearing before the Court. During the evidentiary hearing, both Mr. and Mrs. von Hofe testified, as did an agent of the Drug Enforcement Administration ("DEA"). The parties also submitted exhibits regarding the ownership of the Property and filed post-hearing briefs on excessiveness. See Government's Memorandum of Law in Support of the Jury's Verdict of Forfeiture of the Entire Defendant Property ("Gov't Post-Hr'g Mem.") [doc. # 71]; Claimants' Post-Trial Memorandum ("Claimants' Post-Hr'g Mem.") [doc. # 72]; Exhibits Attached to Claimants' Motion to Supplement the Record [docs. # 73 & # 75].

B.

The facts developed during the jury trial and evidentiary hearing are not particularly complicated. Mr. and Mrs. von Hofe, who have been married for twenty-seven years, have lived in their home at 32 Medley Lane for the past twenty-one years. See Claimants' Post-Hr'g Mem. [doc. # 72] at 5. The von Hofes raised their three children (two sons and a daughter)⁶ in that home, a modest ranch-style house situated on a relatively small, wooded lot in a residential area of Branford, Connecticut, a suburban community located outside of New Haven. Before December 2001, Mr. von Hofe had worked as a teacher in the Branford public school system in an alternative program for "at risk" kids and Mrs. von Hofe had worked for over twenty years as a nurse in a local hospital. The von Hofes own the Property jointly — that is, title to the fee simple estate is vested in the names of both Mr. and Mrs. von Hofe. See Exhibit 1 Attached to Claimants' Motion to Supplement the Record [docs. # 73 & # 75]. Currently, there is no mortgage on the Property. The von Hofes were able to pay off their mortgage through a combination of their own earnings and gifts from Mr. von Hofe's parents. At the evidentiary hearing, the von Hofes testified that the value of the Property had recently been appraised at $248,000. The Government does not dispute that figure.

The Government's evidence at trial showed that beginning in approximately December 2000, Harold von Hofe began to grow marijuana in two relatively small areas located in the basement of the von Hofe home. The plants were located behind a curtain under the stairs leading to the basement and in another curtained area behind a furnace oil tank.⁷ At the post-trial hearing, Mr. von Hofe testified that he had been using drugs — and in particular marijuana — since the 1960s and smoked marijuana daily. There was also evidence that Mr. von Hofe used other drugs, including Ketamine, a cat anesthetic, which Mr. von Hofe received from his sons and from time to time injected intramuscularly. The evidence at trial showed that both of the von Hofe sons used a variety of drugs and that at least one of them smoked marijuana. In 2001, the von Hofe's sons were approximately twenty-one and nineteen years old, respectively.

Acting on a tip, local police and DEA agents executed a search warrant at the Property on December 4, 2001. Several officers testified that when they entered the basement area of the Property to effectuate the search, they immediately smelled the distinctive odor of growing marijuana, which they testified was quite strong and obvious. Law enforcement officials seized sixty-five marijuana plants from the two grow areas; the plants were at various stages of growth from seedlings to fully grown plants. See Joint Stipulation of Law & Fact [doc. # 56] at 2. The officers also seized the following: a jar partially filled with marijuana buds that was located on a desk in Mr. von Hofe's basement study; a digital scale (also found in the study) on which marijuana residue was found; marijuana growing equipment, including two lamps, potting soil and a substantial number of rock wool pots; a homemade drying compartment containing hanging strings with marijuana residue; two brown paper bags containing "shake," which is the discarded portion of marijuana plants; marijuana paraphernalia, including smoking pipes and seeds; three empty Ketamine bottles and several used syringes; and books on growing marijuana and selling drugs. Id. at 3. Law enforcement officials also discovered a compost area containing marijuana shake located just outside the von Hofes' garage, near where cars are parked in the driveway.

During the jury trial phase, several law enforcement agents who executed the warrant testified. They said that at the time of his arrest, Mr. von Hofe admitted the following: that the marijuana grow belonged to him; that he had provided some of the marijuana that he grew to his friends and had also bartered the marijuana in return for work on his home; that he had sold marijuana on at least two occasions; that he provided one of his sons with access to the marijuana grow;⁸ and that Mrs. von Hofe was aware of the marijuana grow but did not smoke marijuana herself. Mr. von Hofe did not take the stand at the jury trial and, therefore, did not contradict the testimony of the law enforcement officers.

Mr. von Hofe did take the witness stand during the post-trial evidentiary hearing before the Court, at which time he admitted that he used the marijuana grow to supply his own daily use of marijuana, that he shared the marijuana he grew without charge with his friends and his son, that he and his friends smoked marijuana in his basement about once or twice a week, and that his sons were aware of the marijuana grow and had access to it. Mr. von Hofe also admitted that he had traveled to Holland to obtain marijuana seeds, which he brought back to the United States and used for his growing operation. However, Mr. von Hofe...