Cooperation with DA

[EnemyToTheState]

What is the name of your state? California

Last year (Feb2003), my brother was arrested for a murder that occurred in my mother's residence. I had lived there at the time but was not present at the time of the incident. During the course of the investigation and subsequent search of the premises, my firearms were seized along with my brother's (the one used in the crime). The case has not gone to trial as of this date.

From what I could find in the California Penal Code (various sub-sections of 12028), I should have received an inventory of all seized items at the time of seizure as well as had all of my property returned to me long ago.

Do they have the right to continue to hold my property even though it is abundantly obvious that they were not involved in the cirme?

Also, the DA is looking to send his investigator to talk to my mother and I. We both have been designated as witnesses in the upcoming trial. How cooperative are we required to be with this individual?

I am not looking to get my brother off or anything like that. The crime was heinous, cold-blooded and cannot go unpunished, but that doesn't mean I wish to go out of my way to help them do it... especially since they are not being as cooperative in the return of my property.

 

[stephenk]

Again, why should we help you get your guns back when you wont help in putting an admitted murderer behind bars?

 

[CALGON_ANYONE?]

Buy new guns., and hopefully your MOM will be real comfortable with that knowing her other son killed a person.

I'm sure your gun's are very important to you at this point.

 

[EnemyToTheState]

Again, why should we help you get your guns back when you wont help in putting an admitted murderer behind bars?

Again what?

Look, he is going to prison... no if's, and's, or but's about it.

My "help" is moot.

On the other side of the coin, why should I help them if they are being so unwilling to help me?

 

[CALGON_ANYONE?]

Again what?

Look, he is going to prison... no if's, and's, or but's about it.

My "help" is moot.

On the other side of the coin, why should I help them if they are being so unwilling to help me?

To get your guns back on the street? I hope you do not have kids.

 

[EnemyToTheState]

To get your guns back on the street? I hope you do not have kids.

Back on the street? WTF?

My firearms are completely legal. My ownership, maintenance, and handling of said firearms are equally legit. I have served 10 years in the Armed Forces and am overly qualified in their proper handling. What is your problem?

 

[CALGON_ANYONE?]

Back on the street? WTF?

My firearms are completely legal. My ownership, maintenance, and handling of said firearms are equally legit. I have served 10 years in the Armed Forces and am overly qualified in their proper handling. What is your problem?

Been there, Done it, served in Desert Storm myself. However, your firearms we're seized. That is my WTF?

 

[EnemyToTheState]

Your fire arms we're seized, I would call that a problem.

Judging by your lack of spelling and grammar skills, I shouldn't be taking your input seriously....

 

[CALGON_ANYONE?]

Judging by your lack of spelling and grammar skills, I shouldn't be taking your input seriously....

Your right, do not take me seriously. Maybe someone else will come along. Check your spelling OK?

 

[Born to Lease]

A guy I was dating about 10yrs. ago came after me with a butcher knife that was part of a really expensive set of knives that belonged to me. When I called 911 he turned the knife on himself, then making it a case of attempted suicide.

Long story short--the guy was arrested and taken to the psychiatric ward & my knife was taken as evidence. I went to the police department several times over the years attempting to collect my knife. The last time I went down there, I was told the knife was not listed in their inventory.

I don't know how difficult or involved collecting items held as evidence can be, or if it is even really possible to ever have the items returned to the owners. I guess the PD is less concerned, about things such as your guns and my knife, than property owners about these kinds of things.

Have you contacted an attorney to assist you with having your guns returned to you? That would probably be your best bet. Good Luck!

 

[EnemyToTheState]

Have you contacted an attorney to assist you with having your guns returned to you? That would probably be your best bet. Good Luck!

No, I have not consulted with an attorney on the matter (outside of the DA and my brother's Public Defender).

The DA did, however, let me see the seizure inventory which clearly listed all of my possessions... but he would not permit me to have a copy.

The detective assigned to the case has informed me that I may have them back -- even went as far as giving me a contact person in their evidence room so that I may retrieve them.

The DA has also told me that I may have them back as long as I could prove that I was, in fact, the true owner.

Upon contacting the evidence room, they had no such authorization to release any property and said that I should contact the DA again.

When I tried to get a hold of the DA, his secretary informed me that I am not allowed to talk to him since I am to be a witness in the trial. She also said that all evidence will be released upon closure of the case.

I have been told many things and I feel that they are really just giving me the run around. If my property is not returned once the trial is finalized, I will be contacting an attorney. The great part is that, according to the current Penal Codes, the State of California will end up paying for it .

Here is another kicker just for fun:

One of the other things that they had seized was a photo of me in full combat gear that my mother had pinned up on her fridge. As a result, it was somehow released to the press that my brother was an unemployed drill instructor. Go figure.


To the bubble bath guy --- I am truly doubting your past affiliation with the military given your blatant disrespect for defending one's constitutional rights... more specifically, those of the 2nd Amendment. Your age is also in question.

 

[loocpoc]

It sounds as if the weapons were confiscated as evidence. They maybe sealed and currently awaiting dispostion by either the courts or the DA. Your best bet is to just hold off until after the trial.

 

[EnemyToTheState]

It sounds as if the weapons were confiscated as evidence. They maybe sealed and currently awaiting dispostion by either the courts or the DA. Your best bet is to just hold off until after the trial.

A real answer! Thank you.

That is pretty much what I intended on doing...

I just fail to see how any of my property can be deemed as 'evidence' as they had no relation to the crime whatsoever.

 

[Crazyhorse]

law enforcement are notorious for keeping property for unreasonable lengths of time. you may just have to sit on your thumbs at this point... if there is a trial it may take awhile.

and being that we are on an anonymous internet board... could you share with us some more details about what happened without overly compromising the privacy of the parties involved?

 

[EnemyToTheState]

law enforcement are notorious for keeping property for unreasonable lengths of time. you may just have to sit on your thumbs at this point... if there is a trial it may take awhile.

I honestly have no trust for law enforcement. They continuously take advantage of ignorance and back it up with their intimidation tactics.

According to California's own Penal Code, they should have been returned to me after no later than 5 business days from the date of seizure unless they are to be entered as evidence. As 'evidence', I would hope that means that they are somehow related to the event... which they are most definitely not.

and being that we are on an anonymous internet board... could you share with us some more details about what happened without overly compromising the privacy of the parties involved?

Sure... knock yourself out:

http://home.earthlink.net/~project-demonseed/archives/j022003.html

Keep in mind, though, that I was not present and the events described are from my mother's account -- hearsay, as it is known in your circles.