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A Blair County judge has asked the Pennsylvania Superior Court to deny reinstatement of a right to appeal by a former Altoona man who is contesting the forfeiture of cash and multiple items, such computer equipment, confiscated by the government upon his arrest on drug-related charges.
In opinions issued in two separate cases recently, Judge Timothy M. Sullivan pointed out that Jermaine Samuel, an inmate in the State Correctional Institution at Houtzdale, wants the right to challenge the forfeitures -- now more than seven years after the fact.
According to the judge, "As a practical matter, with the time lapse of greater than seven years, in all likelihood the property subject to forfeiture has been lawfully disposed of by the Commonwealth."
Sullivan stated he does not believe it is appropriate for Samuel to request a reinstatement of his right to appeal the forfeiture at this late date, and he concluded in the two recent opinions that he "respectfully requests" the Pennsylvania Superior Court dismiss Samuel's petition.
Samuel, according to charges brought against him nine years ago, was one of the main players in a drug organization that brought cocaine from Baltimore to an Altoona tavern where it was processed for street sales, either in the form of a powder or as "crack."
In what police dubbed as Operation Last Call, Samuel was convicted of drug offenses and initially sentenced to a term of 46.5 to 103 years behind bars by Blair County Judge Daniel J. Milliron.
The judge later reduced the sentence to 20 to 40 years "as a matter of fairness," because other participants in the organization received much lighter sentences, including the alleged leader of the group, Damion "Benny" Floyd of Baltimore.
After arrests were made and the investigation into the organization concluded, representatives of the Pennsylvania Attorney General filed a forfeiture petition for $13,642 in cash, computer equipment, cellphones and cameras, confiscated from Samuel and others during the investigation.
In a second petition, investigators sought possession of an additional $3,695, a "kilo press," cellphones, a bracelet and a television, all collected as a result of the issuance of search warrants.
The courts granted forfeiture of the cash and the many items in March 2013.
According to Judge Sullivan, notifications of the forfeitures were received by Samuel while still an inmate in the Blair County Prison.
Last October, Samuel filed papers with the state Superior Court requesting reinstatement of his right to appeal the forfeitures. He contended he was not informed of what legal action was available to him concerning the forfeiture rulings and he now requests the right to appeal.
He posed a litany of questions for review by the Superior Court in which he contended witnesses testified he had "no involvement in drug sales."
He also maintained he was not granted a forfeiture hearing, that the items were taken as the result of "illegal search and seizure" and that a "manifest injustice" occurred.
Sullivan stated that Samuel's request was based on the law that allows reinstatement of a right that has been lost "due to extraordinary circumstances."
"In proper cases, where a party has been prevented from appealing by reason of fraud or a wrongful or negligent act of a court official, the court may allow enlargement of time for appeal," Sullivan explained.
In Samuel's case, there is no allegation of fraud or a wrongful or negligent act by a court official or lawyer, the judge ruled.
"There is no assertion of any extraordinary circumstances that would justify the relief requested by (Samuel), nor can it be said that (he) acted in a timely manner," the judge concluded.