5 Pot plants but they keep the house
Why the burglar alarm went off, Steve Haver still doesn't know. But while Haver and his wife, Karen, were away in the Poconos on the morning of July 8, 2006, Reading police searched the couple's semidetached three-story home and found five pot plants growing under lights.Because of that discovery, the Havers were soon caught in a swirl of legal decisions that overturned their lives, prompted questions about the enforcement of marijuana laws, and served as a lesson to homeowners with burglar alarms.
Steve Haver spent a weekend in jail on $1 million bail, wound up with a felony conviction for drug manufacturing, lost his driver's license for six months, and expects to lose his job as general manager of the performing arts center at Penn State's York campus. His wife Karen, who was also arrested lost her job as manager of the Sovereign Performing Arts Center in Reading. But, authorities won't seize their house - just the growing equipment.
Under Pennsylvania law, property can be seized by police in connection with a felony drug arrest, and police not only seized the growing apparatus but former Berks County District Attorney Mark Baldwin filed for forfeiture of the house. Steve Haver described it as an "1895 Romanesque revival semidetached rowhome," last appraised at $137,000. Oh joy, how Norman Rockwellesque; whitey puleeze!
Police routinely, especially where the amount of drugs is above the legal threshold or there is evidence of intent to distribute, go after the house and take it. There are also similar federal laws, although a conviction is warranted under federal law for a forfeiture sale of such house; unknown if PA law has the same requirements. Law enforcement in Philadelphia and Chester, like this approach as a way to take the homes, sell for cash to use in future drug stings, and send a strong deterrent. But they also evict innocent people from the home, like children and parents or disabled persons, who may not have been aware of be able to control such activities at their home, with little regard for their future welfare.
But this was the exception. As part of a settlement approved Monday by Berks County Judge Jeffrey K. Sprecher, prosecutors withdrew that request while the Havers, through their attorney, agreed to forfeit the seized equipment. Explanation for this discretionary ignorance of the law? "It was a rather sophisticated growing operation," Shchuka said. "... It wasn't like somebody went to Home Depot and bought some peat moss." Besides five three-foot-high plants, police found a high-powered lighting system, a self-contained water system, a fan with a dehumidifier, and devices for measuring temperature and testing soil, Shchuka said.
On Feb. 29, Haver, now 47, pleaded guilty "to put an end to this thing," he said yesterday. The same day, his wife, 38, began a 30-day probationary period in a program under which charges have already been dismissed. So in this case, unlike the urban experience in such cases, the homeowners gets to keep their house through a plea bargain, move back in, and the wife gets charges dropped and a month's probation. Sweeeet.
"I anticipate losing my employment, losing my health insurance, losing my educational benefits, nine credits away from getting an MBA," Steve Haver said. Awwww - such tears. Gimme a break. This drug-dealing bitch is currently on administrative leave from the the university, who is of course tight-lipped about the outcome or details. His contract likely won't be renewed at the end of June, Haver said.
But check out the community reaction:
Haver is rankled by Pennsylvania marijuana laws and how they are sometimes enforced, noting "I don't think your average citizen has any idea how destructive and draconion our justice system has become". How so? It worked for him; he gets his house back after a plea-bargained lawyer-brokered conviction for a felony drug offense, while others go homeless.
Another interesting reaction is the community, who has been sympathetic, sending emails and postcards from across the country, sticking kind notes in the door. A neighbor even donated to his legal defense. Can't get that kinda love in the ghetto.
"People in the community have generally been supportive and have been appalled at the direction this has taken," Haver said. As Chris Matthews would say: HA! I'm sure these same law-n-order folks would not have any sympathy for similar violators in North Philly.
Ironically, buying marijuana from a dealer can be a misdemeanor, while growing some at home leaves a person open to felony manufacturing charges. A judge ruled over a year ago that the search was valid, he added.
After their arrest, the couple spent three days in jail because a magistrate, stepping in on a Saturday, set enormous bail, $1 million for him, half as much for her, he said. The following Monday, Judge Sprecher, seeing no great threat, lifted the bail entirely and the couple were released, he said. Was there really at that time enough information available to warrant such discretion? No, but unfortunately bail is all too often loosely prescribed both in city and rural jurisdictions in Pennsylvania.
The former prosecutor didn't have to attempt to seize the house, defense attorneys for the Havers said. Laws were broken, but "there should be penalties and they should be appropriate, but they weren't". Shchuka disagreed. "I don't have a problem with that charge at all," he said. Filing for forfeiture of the house was also justified, in case investigators found evidence of drug dealing, he said. "The house was properly frozen while the criminal case was pending, but without more evidence of drug dealing forfeiture wasn't warranted," he said.
Steve Haver said he's uncertain what he'll be doing next. Maybe he'll write a book about his case, he said. The Caucasian end game is always the same: book deals and the Today show. For people of color, the game ends in jail and broke. Go figure...
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