SPCV019607 PDF

E-FILED 2015 MAR 23 3:09 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

IN THE MATTER OF RESIDENTIAL

REAL PROPERTY SEIZED FOR
FORFEITURE

IN REM FORFEITURE COMPLAINT

COMES NOW the State of Iowa through Sac County Attorney Ben Smith and in
support of its In Rem Forfeiture Complaint states the following:
1. On or around March 23, 2015, pursuant to Iowa Code Chapter 809, Laura Sue
Lawler (DOB: 11/21/1977), the record owner of the inhabited residential real
property at issue, 311 Main Street (Wall Lake INC. Lot 1 Blk 12 1st Addt) Wall Lake,
Iowa (hereinafter property), received notice that said property had been
constructively seized pursuant to Iowa Code section 809A.6(4)(a).
2. The property is specifically identified in Exhibit 1 which is attached hereto
and incorporated herein by reference.
3. The owner(s) and person(s) in possession and / or control of, and / or
having a possessory interest in the property are as follows:
a. Owner(s): Laura Lawler
b. Person(s) in Possession or Control: Laura Lawler
c. Person(s) with a Security Interest: None
d. Seizing Agency: Lake View Police Department
4. The property is subject to forfeiture because the property was used or was
intended to be used to facilitate conduct giving rise to forfeiture.
5. The conduct giving rise to this forfeiture action is as follows:
a. On or around March 23, 2015, Laura Lawler, the owner of the property,
admitted to selling at least a gram of marijuana, a schedule I controlled
substance, from the property every day for the last six months. It is
unlawful for any person todeliver, or possess with the intent
todeliver, a controlled substanceor to act with, enter into a common
scheme or design with, or conspire with one or more other persons

todeliver, or possess with the intent todeliver a controlled substance.
IOWA CODE 124.401(1) (2015). A violation of this subsection involving
fifty kilograms or less of marijuanais a class D felony. IOWA CODE
124.401(1)(d) (2015).
b. On at least ten occasions in the past six months, Laura Lawler sold or
delivered marijuana from her property, which is within one thousand feet
of both a public park and a public elementary school, to a person under
eighteen years of age. A person who unlawfully distributes or possesses
with intent to distribute a substance listed in schedule I or II to a person
under eighteen years of age commits a class B felony and shall serve a
minimum term of confinement of five years. However, if the substance
was distributed in or on, or within one thousand feet of, the real property
comprising a publicelementary or secondary school [or a]public park,
the person shall serve a minimum term of confinement of ten years. IOWA
CODE 124.406(1)(a) (2015).
c. On at least five occasions in the past six months, Laura Lawler conspired
with or recruited a person under the age of eighteen for the purpose of
delivering marijuana, a schedule I controlled substance, from the
property. It is unlawful for a person who is eighteen years of age or
older to conspire with or recruit a person under the age of eighteen for
the purpose of delivering or manufacturing a controlled substance
classified in [schedule I]. A person violating this section commits a class
C felony. IOWA CODE 124.406A (2015).
6. The conduct giving rise to this forfeiture is also demonstrated in the
allegations and information contained in the criminal filings in Sac County Case No.
FECR012804.
7. There is a substantial connection between the property and the above-
described conduct giving rise to forfeiture. IOWA CODE 809A.4(7) (2015).
8. The State of Iowa relies on each and every ground for forfeiture
contained in Iowa Code Chapter 809A.
9. Failure to file an answer to this complaint within twenty (20) days after
service and in accordance with Iowa Code Section 809A.13, will result in an
Application for Order of Forfeiture pursuant to Iowa Code Section 809A.16(3). See
additional provisions of Iowa Code section 809A.13 in the attached Notice.

WHEREFORE, the State asks that the property be forfeited pursuant to the
provisions of Iowa Code Chapter 809A.
STATE OF IOWA
____________________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
EXHIBIT
EXHIBIT
1
exhibitsticker.com
exhibitsticker.com
NOTICE

1. Only an owner of or an interest holder in the property who has timely filed a
proper claim pursuant to Section 809A.11 may file an answer in an action in rem.
For the purposes of this Section, an owner of or interest holder in property who has
filed a claim and answer shall be referred to as a claimant.
2. The answer shall be signed by the owner or interest holder under penalty of
perjury and shall be in accordance with rule of civil procedure 1.405 and shall also
set forth all of the following:
a. The caption of the proceedings and identifying number, if any, as
set forth on the notice of pending forfeiture or complaint and the
name of the claimant.
b. The address where the claimant will accept mail.
c. The nature and extent of the claimant's interest in the property.
d. The date, the identity of the transferor, and the circumstances of
the claimant's acquisition of the interest in the property.
e. The specific provision of this chapter relied on in asserting that it
is not subject to forfeiture.
f. All essential facts supporting each assertion.
g. The specific relief sought.
3. The answer shall be filed within twenty days after service on the claimant of
the civil in rem complaint.
4. The rules of civil procedure shall apply to discovery by the state and any
claimant who has timely answered the complaint.
5. The forfeiture hearing shall be held without a jury and within sixty days after
service of the complaint unless continued for good cause. The prosecuting attorney
shall have the initial burden of proving the property is subject to forfeiture by a
preponderance of the evidence. If the state so proves the property is subject to

forfeiture, the claimant has the burden of proving that the claimant has an interest
in the property which is exempt from forfeiture under this chapter by a
preponderance of the evidence.
6. The Court shall order the interest in the property returned or conveyed to
the claimant if the prosecuting attorney fails to meet the state's burden or the
claimant establishes by a preponderance of the evidence that the claimant has an
interest that is exempt from forfeiture. The court shall order all other property
forfeited to the state and conduct further proceedings pursuant to Sections 809A.16
and 809A.17.

FAILURE TO RESPOND OR ACT ACCORDINGLY MAY
RESULT IN A DEFAULT JUDGMENT BEING ENTERED AGAINST YOU
E-FILED 2015 APR 14 10:57 AM SAC - CLERK OF DISTRICT COURT

No. SPCV019607
FORFEITURE
APPLICATION FOR FORFEITURE

ORDER (809A.16(3))
COMES NOW, the undersigned Prosecuting Attorney and for its Application
for Forfeiture Order, states:
1.
On March 23, 2015, the undersigned filed a Notice of Seizure for
Forfeiture (notice) and an In Rem Forfeiture Complaint (complaint) pursuant

to Iowa Code Chapter 809A.
2.
On March 24, 2015, the interested party / purported property
owner, Laura Lawler, was served with the notice required pursuant to Iowa
Code section 809A.6(2) and a copy of the complaint.
3.
Following proper service of the complaint, neither a proper claim
nor an answer was filed with the Court.

4.
There is proper jurisdiction in Sac County, Iowa, for this
Application and for the court to enter an order forfeiting the property at issue.
5.
The property to be forfeited is described in the list attached below.
6.
The circumstances giving rise to the property being forfeitable are
set forth in the complaint.

WHEREFORE, the State requests that the Court enter an order
extinguishing all rights of the owner and transfers ownership of the property to
the State of Iowa.
___________________________________
Benjamin John Smith
Sac County Attorney
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
LIST OF PROPERTY TO BE FORFEITED

1. The residential real property at 311 Main Street (Wall Lake INC. Lot 1 Blk
12 1st Addt) Wall Lake, Iowa, further identified in Exhibit 1 attached
hereto.

EXHIBIT
EXHIBIT
1
exhibitsticker.com
exhibitsticker.com
E-FILED
E-FILED 2015
2015 APR
MAR14
2310:57
3:09 PM
AM SAC
SAC -- CLERK
CLERK OF
OF DISTRICT
DISTRICT COURT
COURT

FORFEITURE
No. SPCV019607
FORFEITURE ORDER 809A.16(3)
This matter came before the Court on the States Application for Forfeiture
Order (Application). The Court, upon reviewing the record and being advised in the
premises, FINDS and ORDERS:
1.
That proper notice has been given, the Court has jurisdiction, and the
facts contained in the In Rem Forfeiture Complaint (Complaint) and the Application
demonstrate probable cause for forfeiture, all as required by 809A.16(3) of the
Code of Iowa.
2.
That the Court approves the Complaint and the Application.
3.
That the property described in the Application (Property) is forfeited to
the State of Iowa under the provisions of 809A.16(4) of the Code of Iowa.
4.
That the property is subject to disposal by the Department of Justice
(DOJ). The seizing agency shall notify the DOJ of the forfeiture at the address below
and comply with the rules and directions of that department.
Prosecuting Attorneys Training Coordinator

First Floor, Hoover State Office Bldg.
Des Moines, IA 50319
(515) 281 5428
LIST OF PROPERTY TO BE FORFEITED
1. The residential real property at 311 Main Street (Wall Lake INC. Lot 1 Blk
12 1st Addt) Wall Lake, Iowa, as further identified in Exhibit 1 of the
States Application for Forfeiture Order.
State of Iowa Courts

Type:
OTHER ORDER
Case Number
SPCV019607
Case Title
IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE
So Ordered
Electronically signed on 2015-04-14 11:28:26
page 3 of 3
E-FILED 2015 APR 23 12:41 PM SAC - CLERK OF DISTRICT COURT
Notice ID: 2RCV09
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
In the Matter of
Case No. 02811 SPCV019607
Property Seized for
Forfeiture from:
ORDER
It Is Ordered that a hearing on the request to set aside forfeiture on behalf of Sara Lawler will be held
on May 18, 2015, commencing at 11:00 a.m. in the courtroom of the Sac County Courthouse, Sac
City, Iowa.
Copies to:
Counsel of Record
County Attorney
1 of 2
E-FILED 2015 APR 23 12:41 PM SAC - CLERK OF DISTRICT COURT

Case Number
SPCV019607
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2

______________________________________________________________________________
IN THE MATTER OF
RESIDENTIAL REAL PROPERTY
SEIZED FOR FORFEITURE
CRIMINAL NO:
APPEARANCE
SPCV019607
_____________________________________________________________________________
COMES NOW Thomas R. Mohrhauser, Attorney at Law, and enters his Appearance on
behalf of LAURA SUE LAWLER.
LAURA SUE LAWLER,
AKA LAURA S. LAWLER
PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was
served upon all parties to the above cause by depositing a
copy thereof in the U.S. Mail postage prepaid in envelope
addressed to each of the attorneys of record herein at their
respective addresses disclosed on the pleadings on
April 24, 2015
BY:
THOMAS R. MOHRHAUSER,
PIN #AT0005526
Attorney at Law
314 Main Street; P. O. Box 227
Mapleton, Iowa 51034
(712) 882-1468
_______________________________________________
ATTORNEY FOR LAURA SUE LAWLER,

AKA LAURA S. LAWLER
Original e-filed
cc:
cc:
Sac County Attorney

Laura Lawler
E-FILED 2015 MAY 15 3:40 PM SAC - CLERK OF DISTRICT COURT

______________________________________________________________________________
IN THE MATTER OF
:
CASE No. 02811 SPCV019607
:
:
MOTION FOR CONTINUANCE
:
______________________________________________________________________________
COMES NOW Thomas R. Mohrhauser, Attorney at Law, and enters his Motion for
Continuance on behalf of LAURA SUE LAWLER and in support of said Motion for
Continuance states:
1. That Hearing on the request to set aside forfeiture on behalf of Sara Lawler has been
scheduled for May 18, 2015, at 11:00 a.m., to be held at the Sac County Courthouse, Sac City,
Iowa.
2. That LAURA SUE LAWLERS attorney is in need of medical attention and has an
appointment at the hospital in Omaha, NE, on this date, May 18, 2015.
WHEREFORE, LAURA SUE LAWLER respectfully prays the Court to continue this
matter to a date certain. The suggested date by LAURA SUE LAWLERS attorney is May 20,
2015, in the afternoon.
LAURA SUE LAWLER,
PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was
served upon all parties to the above cause by depositing a
copy thereof in the U.S. Mail postage prepaid in envelope
addressed to each of the attorneys of record herein at their
respective addresses disclosed on the pleadings on
May 15, 2015
BY:
THOMAS R. MOHRHAUSER,
PIN #AT0005526
Attorney at Law
314 Main Street; P. O. Box 227
Mapleton, Iowa 51034
(712) 882-1468
ATTORNEY FOR LAURA SUE LAWLER
AKA LAURA S. LAWLER
_______________________________________________
Original e-filed
cc:
Sac County Attorney
cc:
Laura Lawler
E-FILED 2015 MAY 17 2:16 PM SAC - CLERK OF DISTRICT COURT

No. SPCV019607
IN THE MATTER OF RESIDENTIAL REAL STATES RESPONSE TO CLAIMANTS

PROPERTY SEIZED FOR FORFEITURE

COMES NOW, the State of Iowa, through the Sac County Attorney, Ben Smith,
and for the reasons set forth in Claimants Motion for a Continuance, joins Claimant
in her request.
WHEREFORE, the State respectfully requests that the Court continue the
hearing on the Claimants Motion to Set Aside Forfeiture Order.

STATE OF IOWA

_________________________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org
E-FILED 2015 MAY 18 10:44 AM SAC - CLERK OF DISTRICT COURT
IOWA DISTRICT COURT FOR

SAC COUNTY
IN THE MATTER OF PROPERTY
SEIZED FOR FORFEITURE FROM
LAURA SUE LAWLER,
)
)
NO. SPCV019607
)
)
ORDER
Applicant.
)
_________________________________________________________________________
IT IS ORDERED, AS FOLLOWS:
1.
The Motion to Continue the hearing to set aside judgment filed on behalf of
Laura Sue Lawler is sustained. The hearing will be rescheduled for June 1, 2015,
commencing at 10:00 in the courtroom of the Sac County Courthouse, Sac City,
Iowa.
2.
In the event that the parties believe that more than 30 minutes will be required
on a court service day to submit this case, they should notify the Court
Administrator so that this case can be rescheduled on the regular trial assignment.
Clerk to Furnish Copies to:

Ben Smith
Thomas Mohrhauser
Ct. Administrator
E-FILED 2015 MAY 18 10:44 AM SAC - CLERK OF DISTRICT COURT

Type:
OTHER ORDER
Case Number
SPCV019607
Case Title
So Ordered
page 2 of 2
E-FILED 2015 JUN 01 9:44 AM SAC - CLERK OF DISTRICT COURT

No. SPCV019607
FORFEITURE
STATES BRIEF IN RESISTANCE TO

CLAIMANTS MOTION TO SET ASIDE
FORFEITURE ORDER
COMES NOW, the State of Iowa, through the Sac County Attorney, Ben
Smith, and for its Brief in Resistance to Claimants Motion to Set Aside Forfeiture
Order, states the following:
A.
FACTS
On March 22, 2014, at approximately 10:15 PM, the Sac County Sheriffs
Office and the Lake View Police Department (collectively, law enforcement)
executed a search warrant at 311 Main Street, Wall Lake, Iowa (Wall Lake INC.,
Lot 1, Block 12, 1st Addition) residence (Property) of Laura Lawler
(Claimant).
Claimant, who had been across town with her husband, Jason Ransom,
fixing up their other home, arrived at the Property shortly after law enforcement
first entered it.
Pursuant to their search of the Property, law enforcement seized
marijuana, various pieces of drug paraphernalia, and a scale. Some of the
marijuana was located in a bedroom belonging to two of Claimant and Ransoms
children. Law enforcement also seized marijuana, drug paraphernalia, and
$336.00 in cash from Claimants person.
After being mirandized, Claimant told law enforcement she sold at least
one gram of marijuana from the Property every day in every one of the five
months leading up to law enforcements search of the Property. Claimant also
told law enforcement that she had approximately 15 regular customers, one of
whom was a minor. 1 Claimant further told law enforcement that her supplier,
her daughters boyfriend, Jeremy Werneburg, smuggled large quantities of
marijuana from Colorado to the Property for redistribution to Claimants
customers.
After searching the Property and seizing the aforementioned items, law
enforcement arrested Claimant, charging her with the following six indictable
offenses: one count of possession of marijuana with intent to deliver, three counts
of child endangerment, and one count of gathering where marijuana was being
used. (Trial Information at 1-3, State v. Lawler, No. FECR012804 (Sac County
Dist. Ct. April 13, 2015))
In her Motion, Claimant admits she is the sole owner of the Property.
(Mot. para. 5.) Law enforcement has determined that the Property, which,
according to the Sac County Auditor, has a net assessed value of $21,260.00 as of
2014, is situated within 1,000 feet of both a public park and a public elementary
school.
Text message communications and other information obtained by law
enforcement pursuant to its investigation, the latter of which include Claimants
own admissions, irrefutably demonstrate Claimant sold marijuana from the
Property to a person under 18 years of age, at least 10 times in the six months
preceding her arrest, 2 and that on at least five separate occasions in this same
It is unlawful for any person todeliver, or possess with the intent todeliver, a controlled
substanceor to act with, enter into a common scheme or design with, or conspire with one or more
other persons todeliver, or possess with the intent todeliver a controlled substance. IOWA CODE
124.401(1) (2015). A violation of this subsection involving fifty kilograms or less of marijuanais a
class D felony. IOWA CODE 124.401(1)(d) (2015).
2 A person who unlawfully distributes or possesses with intent to distribute a substance listed in
schedule I or II to a person under eighteen years of age commits a class B felony and shall serve a
minimum term of confinement of five years. However, if the substance was distributed in or on, or
within one thousand feet of, the real property comprising a publicelementary or secondary school
[or a]public park, the person shall serve a minimum term of confinement of ten years. IOWA CODE
124.406(1)(a) (2015).
time period, Claimant conspired with and / or recruited a person under the age of
18 for the purpose of selling and / or delivering marijuana from the Property. 3
On March 23, 2015, the day after law enforcement executed the search
warrant, the State filed an In Rem Forfeiture Complaint (Complaint) alleging
the Property was subject to forfeiture under Iowa Code Chapter 809A because
Claimant used it to it facilitate the trafficking of narcotics throughout Sac County.
(Compl. paras. 5(a)-(c), 6.)
On March 24, 2015, while Claimant was in the Sac County Jail (Jail), the
Sac County Jail Administrator, Scott Brouwer, served Claimant with the
Complaint, the Forfeiture Lien on the Property (Lien), and the Notice of
Constructive Seizure of the Residence for Forfeiture (Notice).
(Return of
Service, at 1.)
The Complaint, in two locations, warned Claimant that the Property may
be forfeited to the State if Claimant [failed] to file an answer to [the Complaint]
within [20] days after service. (Compl. para. 9, p. 6) Later on March 24, 2015,
after being served with the Complaint, Lien, and Notice, Claimant was released
from the Jail on her promise to appear. (Order on Bond Review Hrg at 1, State v.
Lawler, No. FECR012804 (Sac County Dist. Ct. March 24, 2015))
On April 14, 2015, 21 days after Claimant was served with the Complaint,
the State filed its Application for Forfeiture Order (Application). Later that
same day, the Court granted the States Application and entered an order
forfeiting the Property to the State of Iowa (Forfeiture Order).
On April 21, 2015, seven days after the Forfeiture Order was entered
against her, and 28 days after she was served with the Complaint, the Claimant
filed her Motion to Set Aside the Forfeiture Order (Motion).

3 It is unlawful for a person who is eighteen years of age or older to conspire with or recruit a
person under the age of eighteen for the purpose of delivering or manufacturing a controlled
substance classified in [schedule I]. A person violating this section commits a class C felony. IOWA
CODE 124.406A (2015).
B. MOTION TO SET ASIDE FORFEITURE

The burden is on the party seeking to set aside a default judgment to plead
and prove good cause, including a good-faith assertion of a claimed defense,
sufficient to support a finding of mistake, inadvertence, surprise, excusable
neglect or unavoidable casualty. Insurance Co. of North America v. Sperry &
Hutchison Co., 168 N.W.2d 753, 756 (Iowa 1969).
To sustain a motion to set aside a default judgment, the moving party must
introduce evidence that is both competent and substantial. Williamson v.
Casey, 220 N.W.2d 638, 639 (Iowa 1974).
1. Mistake,
Inadvertence,
Surprise,
Excusable
Neglect
or
Unavoidable Casualty
Claimant alleges good cause exists for the court to set aside its Forfeiture
Order because she was not notified of the time limits for filing her Answer.
(Mot. para. 2.)
Good cause must be based on mistake, inadvertence, surprise, excusable
neglect, or unavoidable casualty. Paige v. City of Chariton, 252 N.W.2d 433, 437
(Iowa 1977). Good cause to set aside a default judgment exists only if movant can
demonstrate the existence of one of these grounds by substantial and competent
evidence. Cent. Nat. Ins. Co. of Omaha v. Ins. Co. of N. Am., 513 N.W.2d 750,
754 (Iowa 1994). Good cause for setting aside a default judgment is a sound,
effective, truthful reason, something more than an excuse, a plea, an apology, an
extenuation or some justification for the resulting effect. Paige, 252 N.W.2d at
437. A motion to set aside a default judgment may present questions of fact and
law. Unless the facts are admitted, the movant must introduce evidence to
establish good cause on at least one ground of [Rule 1.977]. First Nat. Bank in
Lenox v. Claiser, 308 N.W.2d 1, 3 (Iowa 1981). The determination of whether a
movant has established good cause is not a factual finding; rather, it is a legal
conclusion and is not binding on [the Court of Appeals]. Sheeder v. Boyette, 764
N.W.2d 778, 780 (Iowa Ct. App. 2009).
Claimant alleges she was not notified of the time limits for filing her
Answer; however, the Complaint included the following two unequivocal,
conspicuous admonitions: failure to file an answer to this complaint within
twenty (20) days after servicewill result in an Application for Order of
Forfeiture and FAILURE TO RESPOND OR ACT ACCORDINGLY MAY
RESULT IN A DEFAULT JUDGMENT BEING ENTERED AGAINST YOU.
(Compl. para. 9, p. 6) And according to Claimants written arraignment filed in
FECR012804 on April 29, 2015, she can read and write the English language.
(Arraignment at 1, State v. Lawler, No. FECR012804 (Sac County Dist. Ct. April
29, 2015))
In order to succeed on her Motion, Claimant must show her failure to
defend the action was not due to [her] negligence, want of ordinary care or
attention, or to [her] carelessness or inattention. Paige, 252 N.W.2d at 437. The
Iowa Supreme Court has held that a defendant's ignoring a notice under
circumstances showing no more than excuse, plea, apology, extenuation, or
explanation for failure to timely appear is not sufficient to overturn a default.
Wharff v. Iowa Methodist Hosp., 219 N.W.2d 18, 22 (Iowa 1974). It has also held
that a defendants misunderstanding of proper legal notice served by plaintiff was
not good cause for setting aside default judgment. Williamson v. Casey, 220
N.W.2d 638, 640 (Iowa 1974).
Claimants failure to file an answer to the Complaint was not due to
mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty, and
willfully ignoring multiple, unambiguous warnings about the consequences of
failing to file an answer is not good cause to set aside the Forfeiture Order.
Even if Claimant is able to prove one of the grounds listed above, which
she cannot do, to demonstrate good cause, Claimant must also produce
substantial and competent evidence that she has a meritorious defense to the
States forfeiture action.
2. Meritorious Defense
Good cause under Rule 1.977 requires at least a prima facie showing of a
meritorious defense, asserted in good faith, as a condition to setting aside a
default. Hallett Const. Co. v. Iowa State Highway Comm'n, 258 Iowa 520, 530,
139 N.W.2d 421, 427-28 (1966).
To succeed in its forfeiture action, the State must prove by a
preponderance of the evidence that the Claimant engaged in conduct giving rise
to forfeiture of the Property, that the Property was used to facilitate said conduct,
and that there is a substantial connection between the property and the conduct.
IOWA CODE 809A.13, 3, 4 (2015).
a. The Claimant engaged in conduct giving rise to forfeiture of the
Property.
In her Motion, Claimant alleges the Property is not subject to forfeiture
because she was charged with possession of a controlled substance, a serious
misdemeanor in violation of Iowa Code section 124.401(5). (Mot. para. 6.)
Save for a handful of exceptions, any act constituting a serious or
aggravated misdemeanor or any felony under Iowa law is conduct that may give
rise to forfeiture. IOWA CODE 809A.3(1) (2015). Real property is not subject to
forfeiture, however, if the only conduct giving rise to it, is possession of a
controlled substance in violation of Iowa Code section 124.401(5). IOWA CODE
809A.4(2)(b) (2015).
Contrary to what she has alleged in her Motion, Claimant was not charged
with simple possession of marijuana in the underlying, companion criminal
case. In addition to four other indictable offenses, Claimant was charged with
possession of a controlled substance with intent to deliver, a Class D Felony in
violation of Iowa Code section 124.401(1)(d). (Trial Information at 1, State v.
Lawler, No. FECR012804 (Sac County Dist. Ct. April 13, 2015))
Regardless, a forfeiture action does not require the filing of a criminal
charge. In re Prop. Seized from Terrell, 639 N.W.2d 18, 22 (Iowa 2002). The
conduct giving rise to forfeiture alleged in the Complaint, in addition to the
crimes contained in the Trial Information in the related criminal cause of action,
includes the myriad of illicit drug sales Claimant admitted she made from the
residence in the six months leading up to her arrest. (Compl. paras. 5(a)-(c).)
b. The Property is subject to forfeiture because it was used to
facilitate conduct giving rise to forfeiture.
Claimant alleges the property is not subject to forfeiture because it was not
acquired with proceeds from drug sales. (Mot. para. 6.) While this may be true,
property is also subject to forfeiture if it used or intended to be used in any
manner or part to facilitate conduct giving rise to forfeiture. IOWA CODE
809A.4(2)(a)(2) (2015).
All property, including real property and homesteads, used or intended to
be used in any manner or part to facilitate the sale or delivery of controlled
substances is subject to forfeiture under Iowa law. IOWA CODE 809A.2(a)(2),
2(b) (2015).
c. There was a substantial connection between the Property and
the conduct giving rise to forfeiture.
The Claimant alleges there was no substantial connection between the
Property and the charges filed against her in the criminal cause of action. (Mot.
para. 6.)
As used in [Iowa Code section 809A.4], facilitate means to have a
substantial connection between the property and the conduct giving rise to
forfeiture. IOWA CODE 809A.4(7) (2015).
Even if Claimant had been charged with just mere possession, which is not
the case, as discussed above, a criminal charge is not a condition precedent to the
filing of a forfeiture action, and the conduct giving rise to forfeiture alleged in the
Complaint includes both charged and uncharged criminal conduct giving rise to
forfeiture of the Property. (Trial Information at 1-3, State v. Lawler, No.
FECR012804 (Sac County Dist. Ct. April 13, 2015); Compl. paras. 5(a)-(c).)
While the Property may not have been acquired with proceeds from drug
sales, by Claimants own admissions she used the Property to facilitate hundreds
of illicit drug transactions, some of which involved the sale or distribution of
narcotics to a minor.
d. The Claimant cannot in good faith deny the averments
contained in the Complaint.
Claimants answer to the Complaint must be signed under penalty of
perjury, in accordance with rule of civil procedure 1.405. IOWA CODE
809A.13(4) (2015). The answer shallspecifically admit or deny each allegation
or paragraph of the pleading to which it responds, which denial may be for lack of
information. IOWA R. CIV. P. 1.405(1).
Although a general denial can constitute a prima facie showing of a
meritorious defense, because many of the averments in the Complaint are based
on admissions Claimant made to law enforcement about her trafficking
operation, and because Claimants answer to the Complaint must be made under
penalty of perjury, Claimant cannot answer the Complaint without either (a)
committing perjury by denying making these admissions to law enforcement, or
(b) incriminating herself even more than she already has in the underlying
criminal case by admitting to making these admissions. Flexsteel Indus., Inc. v.
Morbern Indus. Ltd., 239 N.W.2d 593, 601 (Iowa 1976); IOWA CODE 809A.13(4)
(2015).
C. CONCLUSION
Claimant cannot produce competent and substantial evidence that her
failure to file an answer was because of mistake, inadvertence, surprise, excusable
neglect or unavoidable casualty. Claimant also cannot, in good faith, assert a
meritorious defense to the States forfeiture action. Therefore, Claimant cannot
demonstrate good cause to set aside the Order.
WHEREFORE, for the reasons stated herein, the State respectfully

requests that the Court overrule Claimants Motion and order such other reliefs
the Court deems just and equitable in the premises.
STATE OF IOWA
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac City, IA 50583
Telephone: 712-662-4791
E-FILED 2015 JUN 02 2:33 PM SAC - CLERK OF DISTRICT COURT

No. SPCV019607
FORFEITURE
ORDER FROM HEARING ON

CLAIMANTS MOTION TO SET ASIDE
FORFEITURE ORDER
This matter came before the Court on the Claimants motion to set aside
forfeiture order. The Claimant, Laura Lawler, appeared through her attorney
Thomas Mohrhauser. The State appeared through the Sac County Attorney, Ben
Smith.
The Court, upon reviewing the record and being advised in the premises,
FINDS that although the State disagrees with the merits of Claimants motion to
set aside the forfeiture order, considering the nature of the property rights at
issue, the State believes the interests of justice and due process are best served
by allowing the matter to be decided on its merits.
IT IS THEREFORE ORDERED that the forfeiture order shall be and is set
aside.
IT IS FURTHER ORDERED that the parties shall contact court
administration no later than Friday June 5, 2015, to have the matter rescheduled
on the regular trial assignment.

Type:
OTHER ORDER
Case Number
SPCV019607
Case Title
So Ordered
page 2 of 2
Notice Id: 2CA003

Case Title : IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE
Case No : 02811 SPCV019607
Notice of Trial Setting Conference
A scheduling conference will be held on 07/08/15 at 09:30 AM with Tina Ganzeveld, as District Court
Designee, pursuant to I.R.C.P 1.602.
This conference shall be conducted by telephone conference call initiated by plaintiff's
counsel. Tina Ganzeveld may be contacted via telephone at: (515) 574-3756.
1. PARTICIPATION: All attorneys appearing in the case shall participate in this conference. A party
who is not represented by counsel shall contact the Court Administrator's office (at the above phone
number) prior to the date and time of the conference call.
2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the Supreme
Court's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALL
BE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN.
3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or is
substantially unprepared to participate in the conference, the Court may impose appropriate
sanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).
If this matter was filed on or after January 1, 2015, and is not exempt as per Iowa Court Rule
1.500(1)(e), then prior to the trial-setting conference, the parties must file a Trial Scheduling
and Discovery Plan, Iowa Court Rule 23.5-Form 2.
/s/ Tina Ganzeveld
--------------------------------------Designee of the Court
Clerk to provide copies or

notice of document to attorneys
of record and parties appearing
pro se.
E-FILED 2015 JUL 08 10:32 AM SAC - CLERK OF DISTRICT COURT
Notice Id: 2CA102
IOWA DISTRICT COURT FOR SAC COUNTY
Case Title : IN THE MATTER OF PROPERTY SEIZED FOR FORFEITURE

Case No : 02811 SPCV019607
TRIAL NOTICE
The above entitled matter is hereby scheduled for trial on 09/01/15 at 09:00 AM.
1 Day Forfeiture Hearing
Discovery Due 30 days prior to trial
/s/ Kellie Orres

----------------------------------Designee of the Court
Clerk to provide copies or notice

of this document to attorneys of record
and parties appearing pro se.
Docket Code =
OSTR
E-FILED 2015 AUG 31 8:59 AM SAC - CLERK OF DISTRICT COURT

No. SPCV019607
IN THE MATTER OF RESIDENTIAL REAL

PROPERTY SEIZED FOR FORFEITURE

COMES NOW, the State of Iowa, through the Sac County Attorney, Ben Smith,
and states the following in support of its Motion for Continuance:
1. That the trial on the States forfeiture application is scheduled for
September 1, 2015.
2. That due to a scheduling conflict, the trial should be continued.
3. That Claimants attorney, Tom Mohrhauser, no objection to the matter
being continued.
WHEREFORE, for the reasons stated above, the State respectfully requests
that the Court grant the States Motion for Continuance and order such other reliefs
the Court deems just and equitable in the premises.

STATE OF IOWA

_________________________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac City, IA 50583
Telephone: 712-662-4791
Notice ID: 2RCV09
In the Matter of
Property Seized for
Forfeiture from:
ORDER
State's Motion to Continue September 1, 2015 hearing on forfeiture application comes bfore
the Court. The State represents that Claimant's attorney has no objection. For reasons stated in the
Motion the same should be granted.
IT IS THEREFORE ORDERED that the September 1, 2015 trial is continued. The Court
administator shall promptly reset this matter for trial following a trial setting conference. If the matter
can expedited by setting the matter on the undersigned's assignment the court administrator shall do
so.
1 of 2

Case Number
SPCV019607
Type:
Case Title
SEIZED PROPERTY FROM LAURA LAWLER
OTHER ORDER
So Ordered
2 of 2
E-FILED 2015 SEP 01 2:49 PM SAC - CLERK OF DISTRICT COURT
Notice Id: 2CA004

STATE OF IOWA,
Plaintiff / Petitioner,
vs.
Case No: 02811 SPCV019607
,
Defendant / Respondent.
A scheduling conference will be held on 09/29/15 at 10:30 AM with Kellie Orres, as District Court
This conference shall be conducted by telephone conference call initiated by plaintiff's counsel.
Kellie Orres may be contacted via telephone at: (515) 574-3752.
If this matter was filed on or after January 1, 2015, and is not exempt as per Iowa Court Rule 1.500(1)(e), then
prior to the trial-setting conference, the parties must file a Trial Scheduling and Discovery Plan, Iowa Court Rule
23.5-Form 2.
/s/ Kellie Orres

pro se.
E-FILED 2015 NOV 19 9:00 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2015 NOV 19 2:02 PM SAC - CLERK OF DISTRICT COURT
Notice ID: 2RCV09
In the Matter of
Property Seized for
Forfeiture from:
ORDER
Counsel for Laura Lawler has filed an Application to Withdraw. He states that the client has
broken contact with the attorney.
IT IS THEREFORE ORDERED that the Application to Withdraw is granted. Attorney Thomas R.

Mohrhauser shall have no further responsibility in this case.
1 of 2

Case Number
SPCV019607
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
E-FILED 2015 NOV 21 8:52 AM SAC - CLERK OF DISTRICT COURT

No. SPCV019607
FORFEITURE
MOTION FOR A TRIAL

SCHEDULING CONFERENCE
COMES NOW the State of Iowa and requests that the Court set this matter
for a trial scheduling conference.
STATE OF IOWA
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac City, IA 50583
Telephone: 712-662-4791
Notice ID: 2RCV09
In the Matter of
Property Seized for
Forfeiture from:
ORDER
The State has filed a motion for a trial setting conference.
The District Court Administrator shall schedule a trial setting conference to assign this case for
trial.
1 of 2

Case Number
SPCV019607
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
Notice Id: 2CA006

Case Title : SEIZED PROPERTY FROM LAURA LAWLER
Case No : 02811 SPCV019607
A scheduling conference will be held on 12/08/15 at 10:00 AM with Kellie Orres, as District Court
This conference shall be conducted by telephone conference call initiated by plaintiff's
counsel. Kellie Orres may be contacted via telephone at: (515) 574-3752.
If this matter was filed on or after January 1, 2015, and is not exempt as per Iowa Court Rule 1.500(1)(e), then
prior to the trial-setting conference, the parties must file a Trial Scheduling and Discovery Plan, Iowa Court Rule
23.5-Form 2.
/s/ Kellie Orres

pro se.
E-FILED 2015 DEC 10 1:17 PM SAC - CLERK OF DISTRICT COURT
Notice Id: 2CA102
IOWA DISTRICT COURT FOR SAC COUNTY
Case Title : SEIZED PROPERTY FROM LAURA LAWLER

Case No : 02811 SPCV019607
TRIAL NOTICE
The above entitled matter is hereby scheduled for trial on 02/10/16 at 09:00 AM.
1 Day Hearing
/s/ Kellie Orres

----------------------------------Designee of the Court
Clerk to provide copies or notice

of this document to attorneys of record
and parties appearing pro se.
Docket Code =
OSTR
E-FILED 2016 JAN 14 10:43 AM SAC - CLERK OF DISTRICT COURT

No. SPCV019607
IN THE MATTER OF
ORDER APPROVING STIPULATION

REGARDING FORFEITURE
This matter came before the Court upon the parties joint request
for the Court to approve the Stipulation Regarding Forfeiture
(Stipulation), filed herein on January 14, 2016. The Court, upon
reviewing the record and being advised in the premises, FINDS that the
Court has jurisdiction, and the facts averred in the States In Rem
Forfeiture Complaint and the parties Stipulation demonstrate probable
cause for the forfeiture, all as required by Iowa Code Section
809A.16(3).
IT IS THEREFORE ORDERED that Stipulation is HEREBY
APPROVED.
IT IS FURTHER ORDERED that the settlement amount of
$5,000.00 is forfeited to the State of Iowa under the provisions of Iowa
Code Section 809A.16(4).
IT IS FURTHER ORDERED that the property is subject to disposal
by the Department of Justice (DOJ).
IT IS FURTHER ORDERED that although the disposition of this
matter did not result in the sale of real property as contemplated by Iowa
Code Section 809A.17(5)(e)(1), the seizing agency shall remit 10% of the
proceeds, $500.00, to the DOJ.
IT IS FURTHER ORDERED that the seizing agency shall notify the
DOJ of the forfeiture at the address below and comply with the rules and
directions of that department: Prosecuting Attorneys Training
Coordinator, First Floor, Hoover State Office Bldg., Des Moines, IA

50319.
IT IS FURTHER ORDERED that the trial scheduled for February
10, 2016, is HEREBY CANCELED.

Type:
OTHER ORDER
Case Number
SPCV019607
Case Title
So Ordered
page 3 of 3

SPCV019607 PDF

Caricato da

Informazioni sul documento

Descrizione originale:

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

SPCV019607 PDF

Caricato da

Copyright:

Formati disponibili

E-FILED 2015 MAR 23 3:09 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

IN THE MATTER OF RESIDENTIAL

E-FILED 2015 MAR 23 3:09 PM SAC - CLERK OF DISTRICT COURT

scheme or design with, or conspire with one or more other persons

E-FILED 2015 MAR 23 3:09 PM SAC - CLERK OF DISTRICT COURT

additional provisions of Iowa Code section 809A.13 in the attached Notice.

E-FILED 2015 MAR 23 3:09 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 23 3:09 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 23 3:09 PM SAC - CLERK OF DISTRICT COURT

preponderance of the evidence. If the state so proves the property is subject to

E-FILED 2015 MAR 25 5:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 25 5:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 25 5:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 25 5:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 25 5:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 25 5:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 25 5:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 MAR 25 5:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 APR 14 10:57 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 APR 14 10:57 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 APR 14 10:57 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 APR 14 10:57 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 APR 14 10:57 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 APR 14 10:57 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 APR 14 10:57 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 APR 14 10:57 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 APR 14 10:57 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 APR 14 10:57 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

APPLICATION FOR FORFEITURE

On March 23, 2015, the undersigned filed a Notice of Seizure for

Forfeiture (notice) and an In Rem Forfeiture Complaint (complaint) pursuant

On March 24, 2015, the interested party / purported property

Following proper service of the complaint, neither a proper claim

nor an answer was filed with the Court.

There is proper jurisdiction in Sac County, Iowa, for this

The property to be forfeited is described in the list attached below.

The circumstances giving rise to the property being forfeitable are

set forth in the complaint.

E-FILED 2015 APR 14 10:57 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 APR 14 10:57 AM SAC - CLERK OF DISTRICT COURT

LIST OF PROPERTY TO BE FORFEITED

E-FILED 2015 APR 14 11:28 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

That the Court approves the Complaint and the Application.

That the property described in the Application (Property) is forfeited to

That the property is subject to disposal by the Department of Justice

Prosecuting Attorneys Training Coordinator

E-FILED 2015 APR 14 11:28 AM SAC - CLERK OF DISTRICT COURT

LIST OF PROPERTY TO BE FORFEITED

E-FILED 2015 APR 14 11:28 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2015-04-14 11:28:26

E-FILED 2015 APR 21 10:35 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 APR 21 10:35 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 APR 23 12:41 PM SAC - CLERK OF DISTRICT COURT

Notice ID: 2RCV09

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

E-FILED 2015 APR 23 12:41 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2015-04-23 12:41:24