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Commonwealth Court rejects inmate’s bid to recover money in drug case

By Phil Ray 3 min read
Metro

The Commonwealth Court has rejected a request by a Logan Township man seeking the return of more than $14,000 taken by police during a search of his home in June 2020.

Police were called to the home of Dwight Campbell due to an ongoing domestic dispute, but officers turned their attention to another problem upon arrival -- the strong order of marijuana emanating from the residence.

Logan police obtained a search warrant for the Campbell home and found 1.5 pounds of marijuana, digital scales, packaging materials, drug paraphernalia, as well as $14,258 in cash.

In 2023, Campbell entered guilty pleas to charges of possession with intent to distribute a controlled substance and dealing in the proceeds of unlawful activities.

The sole basis for the charge of dealing in proceeds of unlawful activity was the stash of money found in the residence.

But, Campbell maintained, the large sum of money in his home was the result of honest work, noting he was a self-employed contractor, and arguing that there was no connection between the money and his illegal drug activity.

The prosecution, however, contended the money was to be reinvested in Campbell's drug-growing operation and therefore was properly seized by police.

Campbell was sentenced to a prison term of three to 25 years for his involvement in drug trafficking, but the dispute over the money remained unresolved.

The government sought forfeiture of the money, contending that Campbell never provided documentation

to support his argument that it came from his business and not from illegal drug activity.

In its Friday opinion, the Commonwealth Court reported that Campbell filed a petition on Aug. 11, 2023, seeking return of the cash taken from his home.

In early 2025, Blair County Judge David B. Consiglio held a hearing that not only addressed Campbell's request for the return on his money but also the validity of his guilty plea.

The Commonwealth Court, in its opinion written by Judge Patricia A. McCullough, reported that the Blair judge ruled the petition seeking the return of the money was untimely and that it lacked merit.

In its opinion, the appeals court focused on a rule of criminal procedure that stated a motion for the return of property had to be filed in the judicial district where the property was seized.

The appeals court explained that Campbell had 30 days to seek return of his property before Blair County's jurisdiction over his case expired.

The Commonwealth explained that Campbell was sentenced for his offenses on Jan. 6, 2023, but that his request for return of his money was not filed until Aug. 11, 2023 -- seven months past the 30-day deadline that Blair County maintained its jurisdiction.

The Commonwealth Court decision also explained that his guilty plea included the fact that Campbell offered no evidence that the money was earned through his contracting business.

While McCullough wrote the opinion, it was also joined by judges Christine Fizzano Cannon and Matthew S. Wolf.

Campbell, 53, is currently incarcerated in the State Correctional Institution at Smithfield, Huntingdon County.

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