United States of America v. 2007 Yamaha Rhino ATV et al

Filing 24

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 11/20/09 ORDERING that this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2) until March 1, 2010. The parties will advise the court at least 10 days prior to March 1, 2010, whether a further stay is necessary.(Becknal, R)

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BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: [phone] Attorneys for Plaintiff United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Plaintiff, v. 2007 YAMAHA RHINO ATV, VIN: 5Y4AM04Y27A033940, CALIFORNIA LICENSE NUMBER: 78E45A, 2004 MITSUBISHI KOYKER TRACTOR, SERIAL NUMBER: 110337, 2004 TERRY TRAILERS FLATBED TRAILER, VIN: 1T9CS18274W709850, CALIFORNIA LICENSE NUMBER: 4GG7716, 2008 SPCNS TRAILER PTI, VIN: CA1056326, CALIFORNIA LICENSE NUMBER: 4JJ2908, and 2008 YAMAHA 700R RAPTOR ATV, VIN: JY4AM07Y56C025552, Defendants.

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2:09-cv-684 LKK-GGH STIPULATION TO EXTEND STAY OF FURTHER PROCEEDINGS AND ORDER

DATE: N/A TIME: N/A COURTROOM: N/A

Plaintiff United States of America and claimants Deborah Brasier and Jess R. Brasier, and Jess V. Brasier (hereafter "claimants") request that the stay entered in the case on June 3, 1
S T I P U L A T I O N TO EXTEND STAY OF FURTHER P R O C E E D I N G S AND ORDER (PROPOSED)

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2009, be extended to March 1, 2010. following:

This request is based on the

The United States contends that the defendant vehicles were used to facilitate a violation of federal drug laws (cultivation of marijuana) and/or were purchased with the proceeds of drug trafficking, and are therefore forfeitable to the United States. The United States intends to depose all claimants about the claims they filed in this case and the facts surrounding the cultivation of marijuana plants on real property located at 22 Nelsier Place and 57 Nelsier Place.
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Plaintiff believes

claimant Jess R. Brasier is the son of claimant Jess V. Brasier, a defendant in two related pending cases, United States v. Jess Vernon Brasier and Dean Teskey, 2:08-cr-0453 LKK, and United States v. Jess Vernon Brasier, et al., 2:08-cr-518 LKK. Jess V. Brasier and Dean Teskey have pled guilty in the above criminal cases. Teskey is currently scheduled to be Brasier is currently scheduled In his plea agreement,

sentenced on December 22, 2009.

to be sentenced on January 20, 2010.

Brasier admitted that federal agents found over 230 marijuana plants growing at 57 Nelsier Place; that over 90 marijuana plants were found growing at 22 Nelsier Place; and that over 70 marijuana plants were found growing at 2091 Debbi Ann Court.2 addition he admitted that he "controlled all three of these In

Civil forfeiture actions have been filed against these two properties and are related to the instant case: U.S. v. 22 Nelsier Place, 2:08-cv-2326 LKK-GGH and U.S. v. 57 Nelsier Place, 2:08-cv-2309 LKK-GGH. The United States did not file a forfeiture action against this property. 2
S T I P U L A T I O N TO EXTEND STAY OF FURTHER P R O C E E D I N G S AND ORDER (PROPOSED)
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properties" on the date of the search. If discovery proceeds before Brasier and Teskey are sentenced, they will, undoubtedly, invoke their Fifth Amendment rights against self-incrimination and the United States will be deprived of the ability to explore the factual basis for this forfeiture and to determine whether claimants Deborah and Jess R. Brasier had any knowledge of, or participation in, the criminal activity. In addition, all claimants intend to depose law enforcement officers who were involved in the investigation that led to the search at the defendant property. Allowing depositions of these

officers would adversely affect the ability of the United States to conduct its related criminal investigation. Accordingly, the parties contend that proceeding with this action at this time has potential adverse affects on the investigation and possible prosecution of the related-criminal case and/or upon claimants' ability to prove their claim to the property and to contest the government's allegations that the property is forfeitable. For these reasons, the parties request

that this matter be stayed until after both Jess V. Brasier and Dean Teskey have been sentenced. The United States will be

making a similar request in the related cases, (U.S. v. 57 Nelsier Place, 2:08-cv-2309 LKK-GGH)and U.S. v. 22 Nelsier Place, 2:08-cv-2326 LKK-GGH. Accordingly, the parties request that the At that time the parties will

stay be extended to March 1, 2010.

advise the Court whether a further stay is necessary. /// /// 3
S T I P U L A T I O N TO EXTEND STAY OF FURTHER P R O C E E D I N G S AND ORDER (PROPOSED)

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DATED: November 16, 2009

BENJAMIN B. WAGNER United States Attorney By: /s/ Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney Attorneys for plaintiff United States of America

DATED: November 19, 2009

/s/ John H. Feiner JOHN H. FEINER Attorney for claimants Jess R. Brasier and Deborah Brasier

DATED: November 16, 2009

DANIEL J. BRODERICK Federal Defender

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/s/ Timothy Zindel___ TIMOTHY ZINDEL Assistant Federal Defender Attorney for claimant Jess V. Brasier (Original signatures retained by AUSA Door)

ORDER For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2) until March 1, 2010. The parties will advise the court at least 10 days prior

to March 1, 2010, whether a further stay is necessary. IT IS SO ORDERED. Dated: November 20, 2009.

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S T I P U L A T I O N TO EXTEND STAY OF FURTHER P R O C E E D I N G S AND ORDER (PROPOSED)