Angry Gates Assails Return of $26,000 to Drug Suspect

A Los Angeles Superior Court judge’s order that more than $26,000 in cash found in a drug suspect’s vehicle be returned to him and his lawyer was blasted Monday by Police Chief Daryl F. Gates as “outrageous.”

Gates quoted Judge Aurelio Munoz as saying, “I am tired of the LAPD and the sheriff swooping down on these people and taking away their money.”

In response, Gates said: “I have a message that is loud and clear. The LAPD will continue to swoop down on narcotics peddlers with all its might, whenever there is probable cause to do so.”

Police said the case involves William Alonzo Alexander Jr., 21, who was stopped for a traffic offense last Jan. 30 and was charged with possession of narcotics for sale after the officers allegedly saw cocaine residue inside his car.

A police dog then sniffed out $26,590 in cash hidden behind the rear wheelbase, according to the officers. They said Alexander told them that he earned the money mowing lawns.

Alexander subsequently appeared in court, where a judge disposed of the case by assigning him to a drug diversion program. Alexander then asked that the money be returned to him and his Torrance attorney, John J. Cheroske.

South Bay Municipal Judge Benjamin Aranda III acquiesced, but was overruled by Superior Court Judge James N. Reese on grounds that the Municipal Court did not have jurisdiction. In a June 18 hearing, however, Judge Munoz said the money should go back to Alexander and Cheroske.

The city attorney’s office, which takes the position that federal forfeiture law gives police the right to seize money if there is reason to believe it was gained through drug trafficking, has taken the case to the 2nd District Court of Appeal, which has issued a stay of the Munoz order pending consideration of the issue.

Munoz’s clerk said Wednesday that the judge will have no comment on Gates’ remarks because the case is on appeal.

Cheroske’s secretary said he was out of the office.

In his angry press release, Gates said he does not find it surprising that drug traffickers, their customers and their lawyers object to the seizure of drug profits.

But “what should be surprising is to see a judge who ignores the rules of law by ordering large sums of narcotic profits to be returned to a defendant,” the chief said.