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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Judge Chews Out Agents Over Bungled Drug Case State Ordered To Pay Suspect’s Legal Costs In Case That Saw No Arrests Or Trafficking Charges

John Miller Staff Writer

When Idaho drug agents raided Joseph M. Poe’s home in October 1994, they were convinced they were nailing one of North Idaho’s drug kingpins.

No drug charges ever were levied against Poe. But much of his property - including three Corvettes, two Camaros and a couple of pickup trucks - was seized in a civil forfeiture case.

Agents claimed Poe paid for the vehicles with proceeds from his lucrative drug operation, then used them to deliver the goods.

Today, the cars are sitting back in Poe’s garage, and other seized items have been returned to his home. Earlier this month, 1st District Court Judge Gary Haman also ordered the state of Idaho to pay $24,000 to cover Poe’s legal costs.

In court documents stemming from his decision, Haman chastised investigators from the Idaho State Criminal Investigation Bureau for bungling the case, which never resulted in any arrests or drug trafficking charges. He also noted that since agents began surveillance of Poe in August 1993, the debacle has cost the state more than $100,000.

“They chose to crush (Poe) financially. A great steamroller was trying to stomp on an ant,” Haman told lawyers in his court. “It was an abuse of the state’s power.”

Despite the judge’s decision, the 34-year-old Poe isn’t feeling any closer to vindication.

“My job is gone,” said Poe, who claims he can’t find work as a flooring contractor. “And day-in, day-out, I still live with the aftermath of it all. When I see police, I cringe.”

Poe readily admits he’s no angel.

Agents seized 2.3 grams of marijuana in the 1994 raid, along with a pipe and a pair of scales. Poe said he initially had hoped to plead guilty to misdemeanor possession charges.

Poe’s criminal record also shows a string of trouble with the law dating back to 1983, when he was arrested on burglary and assault charges. He paid a $200 fine stemming from a battery case in 1994.

But Poe insists he’s no drug dealer.

The former Sandpoint resident now is convinced agents targeted him because he passed perfectly inside their stereotype.

“A young man with a Corvette,” he said. “They thought, ‘Hey, he must be a big drug dealer.”’

Poe said he still is making payments on some of the 10 vehicles he owns, most of which were returned after a special jury ruling last October. A 1993 GMC truck, a 1986 Corvette, and a Jet-Ski were returned to him after Judge Haman’s decision earlier this month.

Poe still is waiting for personal photos, a Smith & Wesson 9mm pistol and $591 in cash that also were seized in the raid to be returned to him.

Last month, Poe said he was turned down when he applied for a new weapon permit - even though he hasn’t been convicted of a felony.

“I haven’t even been charged,” he said. “Now, they’ve done something to my record, and I can’t buy a gun.”

In the 12 months before agents raided his Post Falls home, Poe claims he was pulled over by police at least 15 times. His vehicles were searched, but no drugs ever were found. Official records indicate most of those cases were dismissed once they reached court.

In one instance, Poe was fined $5 plus court costs for flicking out a Marlboro cigarette during a traffic stop. Another time, undercover agents picked Poe up while he was hitchhiking on U.S. Highway 95 near Interstate 90 and gave him a ride back to Post Falls.

In addition, Judge Haman authorized agents to tap Poe’s telephone for three months before agents raided his home.

“Every time I turned around, I had agents behind me or local enforcement officers searching one of my rigs,” Poe said. “A lot of my friends have deserted me. Agents tried to coerce statements out of them. Now, they’re afraid to set foot near my house.”

Neither Wayne Longo, supervisor of the state Criminal Investigation Bureau in Coeur d’Alene, nor Walt Richards, the agent who headed up the Poe investigation, were available for comment.

But Glenn Ford, bureau chief at the Department of Law Enforcement in Boise, stood by his agents’ work. He believes it was errors made in the courtroom in what became a complicated civil forfeiture case that were responsible for Judge Haman’s unfavorable ruling.

In his decision, Judge Haman had characterized state counsel David Haenel as in “over his head … didn’t have experience to get things into evidence.” Haenel no longer is with the attorney general’s office.

“I personally believe that it was a good case,” Ford said. “I feel it was presented improperly before the court.

“That was an embarrassment to us, but I will not back down. I feel the investigation was proper.”

Tom Watkins, at the Idaho attorney general’s office in Boise, said the state will contest Judge Haman’s decision. His office has until June 11 to file an appeal.

“We feel that there are some issues that deserve another look in another court,” Watkins said. “Obviously we’re not going to pursue any case that we feel isn’t legally justified.”

, DataTimes