Court Watching: Judge Allen seeks settlement of forfeiture, Po lawsuit by Oct. 17

Wayne County Civil Court Judge David J. Allen is tired of all the charges and counter charges made by attorneys involved in the state forfeiture proceedings of real property at 45205 Harris Road, Nelson Po’s property, and the law suit against Sumpter Township and Police Detective Sergeant John Toth by Po.
And, the ongoing barrage of motions.
He wants everything to be resolved. This is what he told the five attorneys lined up in front of him Friday in his downtown Detroit courtroom.
He then called all the attorneys into his closed chambers to talk about it and then some came out and one or two stayed in the private meeting then one or two came out. The judge himself came to the doorway and hurriedly waved some in and some out as negotiations continued. It was after noon by the time Judge Allen sent all the attorneys away to work on solutions to the problems.
That included telling Sumpter to expedite Po’s application for renewal of his township grower’s license.
Rather than the previous Oct. 10 court session that had been set, Judge Allen set Oct. 17 as the deadline for all problems to be worked out. A motion hearing for Jan. 26 was cancelled by the judge.
It appears Po may be able to get back his two vehicles still being held, which have piled up some $20,000 in storage fees, plus his jewelry, which includes a Rollex watch.
Also, under discussion are proposed buildings on his Willis Road property for growing marijuana and return of his equipment that has been confiscated from his Harris Road home.
All this is expected to be set in stone on Oct. 17.
Friday’s court session was to consider contempt of court sanctions against Sumpter Township for not turning over the bodycam footage taken by Lt. Pat Gannon as first requested by Po’s attorneys through two FOIAs and then ordered by Judge Allen.
Five police officers were present in the back of the courtroom: Lt. Gannon, Detective/Sgt. Toth, Detective/Cpl. John Ashby, Sgt. Elizabeth Egerer, and Police Chief Eric Luke.
The attorneys before Judge Allen were State Prosecutor Mahmoud Awad, Po’s retained attorneys Ron Ruark and Scott Ruark, Sumpter attorney Rob Young, and Sumpter’s special attorney Chris Raiti, from the McGraw Morris law firm which was hired in the forfeiture case.
The attorneys first were called to the front of the courtroom at about 9:55 a.m. The judge started in by asking about the raid where 200 pounds of marijuana was seized from Po and then returned after he paid Sumpter $40,000.
“You took dope and you took money,” Judge Allen said to Sumpter attorneys.
Attorney Young explained that was in 2015 when the Wayne County Prosecutor declined to issue a warrant because they were so busy with other crimes and Michigan State said to handle it. The $40,000 was a settlement, Young said.
Young said it was a consensual agreement since no charges were were brought. It was the shakes, not the plants, that were returned. He said it was plant stems, no buds, and it looked like garbage to police.
“The $40,000 was in lieu of forfeiture,” Young said.
“Why did you go back in 2016?” Judge Allen asked referring to the present case and Young said they had complaints.
That’s when Judge Allen held up Friday morning’s Detroit Free Press.
“I saw the headline in today’s paper: Mega pot growers welcome in Michigan,” he read. “Pot growers welcome! Mega pot growers.”
Then, Judge Allen said, “Where’s the ring? He referred to Clarita Po’s wedding band and engagement ring that had been taken from her when she was arrested, held for 72 hours at the Huron Township lock up, and then not charged.
After Sumpter Police said they were confused over which ring to return, Judge Allen issued an order for them to return the rings.
“We got the ring,” Ronald Ruark replied.
“I saw that as gamesmanship,” Judge Allen said. “That ring should have been turned over immediately.”
Then Judge Allen held up a CD and asked if it was blank. Ronald Ruark said his son will testify to that. Scott Ruark had to handle an arraignment at a district court in Dearborn Heights and was on the way to this courtroom.
Prosecutor Awad said Lt. Gannon had the bodycam on and Toth said he had his video on and, “I can’t read their mind” when they ask for a FOIA. He told the judge that is the only bodycam they have.
“And, the ledger?” the judge asked.
“Where is the ledger?” Awad asked.
“Do you have the ledger?” Judge Allen asked Ron Ruark and he replied that whatever the prosecutor says is right.
“Did you get the ledger?” Judge Allen asked Ron Ruark and Ruark replied, “Scott should be here shortly.”
“You’re his father and you should know,” Awad said and Judge Allen admonished the prosecutor for acting like a judge.
In discussing Po’s bank documents Ron Ruark said police had no proof the deposits were illegal. He said he brought a motion for release of Po’s Porsche and another truck since there was no proof they were bought with illegal funds. He said he also asks for Sumpter Township to pay the storage fee. And, 72 legal plants were taken from his property.
Scott Ruark arrived at 10:07 a.m.
Ron Ruark said Po’s property was seized because it had value and the cash just happened to be there. He said 200 pounds of marijuana was given to his client in exchange for $40,000.
“That was in 2015,” Young replied. “We gave the marijuana back and three years later raided again.” He said Judge Boykin rejected that argument and Judge Callahan started to reject it.
“Aren’t we close to a settlement?” Judge Allen asked.
Ron Ruark said they couldn’t even link the deposits at Bank of America to illicit drugs.
Prosecutor Awad said that was before they obtained the bank records and matched them with the ledger.
Judge Allen asked if deposits were $20,000 a month.
“These are their ledgers,” Awad said. “This is Alice in Wonderland.”
“If I see there’s $20,000 a month … everything else is la-la-la,” Judge Allen said, sticking his fingers in his ears and wriggling them. “Either side … Go get the records!”
All the attorneys and police officers involved with the Sumpter cases left the courtroom at 10:11 a.m. and returned at 11:20 a.m. Prosecutor Awad presented the ledger to the judge with some bank documents.
“I don’t deny some months there was more than $20,000,” Ron Ruark said.
“You could have said than an hour ago,” said Judge Allen and then he stuck his fingers in his ears and said, “La, la, la, la, la …”
“It was not $20,000 every month,” Ron Ruark said.
“Was it $60,000?” Judge Allen asked. “You couldn’t be straight with this court.”
Ron Ruark said there was a $37,000 deposit from a win at Greektown and his client sold some silver and gold.
“That’s like the dog ate my homework,” Judge Allen replied.
“I questioned $20,000 a month. Never denied …” Ron Ruark replied.
“What motion are we on?” Judge Allen asked and Ron Ruark said he had a motion and Judge Allen denied the motion and said, “What’s next?”
He answered his own question seeing it was the show-cause hearing on Sumpter failing to comply with a court order.
“Does the tape have what you need?” Judge Allen asked the defense attorneys and Scott Ruark said it doesn’t.
Scott Ruark said every officer was wearing a body cam and he received all the other body cams except Lt. Gannon’s.
He said Prosecutor Awad claims there’s a ledger with entries, but it’s not on any of the pictures from Po’s property on the day of the raid. He said Sumpter gave him a disc that does not have the information.
That’s when Judge Allen stopped everything and took all the attorneys into his chambers to start negotiations that would have everything settled by Oct. 17.