Free Stipulation - District Court of Connecticut - Connecticut

Case 3:01-cv-02290-MRK

Document 56

Filed 02/09/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA, : : Plaintiff, : : v. : : ONE PARCEL OF PROPERTY : LOCATED AT 32 MEDLEY LANE, : BRANFORD, CONNECTICUT, : WITH ALL APPURTENANCES AND : IMPROVEMENTS THEREON, AND : : Defendant. : : [CLAIMANTS: HAROLD E. VON HOFE, : AND KATHLEEN M. VON HOFE] :

Civil No. 3:01CV2290 (MRK)

February 9, 2005

STIPULATIONS OF LAW AND FACT BY PLAINTIFF, UNITED STATES AND CLAIMANTS, HAROLD AND KATHLEEN VON HOFE The following stipulations of law and fact were agreed upon by the Plaintiff, United States of America and the Claimants, Kathleen and Harold von Hofe in their Joint Trial Memorandum, filed on January 10, 2005. A copy of this document, with the omission counsel signature lines, will be marked for trial as Joint Exhibit No. 1.

STIPULATIONS OF LAW 1. It is a violation of federal law to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance punishable by more than one year of imprisonment in violation of 21 U.S.C. §841. Marijuana is a controlled substance as referenced in 21 U.S.C. §841. As of December 4, 2001, Harold von Hofe and Kathleen von Hofe were the sole owners of the defendant property, 32 Medley Lane, Branford, Connecticut.

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STIPULATIONS OF FACT 1. The 65 plants discovered at the Defendant property on December 4, 2001,were marijuana plants. The green plant-like material located in jar in the basement of the defendant property on December 4, 2001, was marijuana. The plant-like residue on the digital scale located in basement of the defendant property on December 4, 2001, was marijuana. The single family dwelling at 32 Medley Lane is located on .52 (approximately ½) of an acre. The dwelling at 32 Medley Lane is a ranch house. The first floor living area of the Defendant property has a total of six rooms of which three are bedrooms with 1 and ½ bathrooms. The first floor living area of the Defendant property consists of 1,428 square feet. The basement living area of the Defendant property has a total of four rooms, one of which is the master bedroom with a bathroom. The parties stipulate to the authenticity of utilities records subpoenaed by law enforcement in connection with this case. The parties stipulate as to authenticity of forty-five still photographs of the defendant property taken by law enforcement. The parties stipulate as to the authenticity of the video tape of the defendant property taken by law enforcement. The parties stipulate as to the chain of custody regarding the following items seized by law enforcement from the Defendant property on December 4, 2001: sixty-five (65) marijuana plants found in two rooms in the basement, two (2) Hydra farm lights and a thermometer located in both of the basement grow rooms; one (1) Tanita model 1479 digital scale with marijuana residue and one (1) green sealed jar with marijuana buds located in plain view in another room in the basement; two (2) cardboard boxes containing cut marijuana located in the hallway outside one of the basement grow rooms; two (2) cardboard boxes containing marijuana residue located in the hallway outside one 2

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Case 3:01-cv-02290-MRK

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of the basement grow rooms; a homemade drying compartment containing hanging strings with marijuana residue located outside one of the basement grow rooms; two (2) brown paper bags containing "shake," (which is the discarded portion of marijuana plants) located in the basement grow rooms and hallway in the basement; marijuana smoking pipes, seeds and other marijuana paraphernalia and three (3) empty Ketamine 100 mg bottles located in another room in the basement; miscellaneous potting materials and grow formulas; and, one (1) large trash can containing potting soil located in the basement.

Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

DAVID X. SULLIVAN ASSISTANT U.S. ATTORNEY P.O. BOX 1824 NEW HAVEN, CT 06508 (203) 821-3700 CT03793

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CERTIFICATE OF SERVICE This is to certify that I have caused a copy of the within document was sent via regular, postage, prepaid, on this 9th day of February, 2005, to: Claimants: James F. Cirillo, Jr., Esq. 500 E. Main Street Suite 326 Branford, CT 06405 (203) 488-9828 Jonathan J. Einhorn, Esq. 412 Orange Street New Haven, CT 06511 (203) 777-3777 (Harold von Hofe)

(Kathleen von Hofe)

DAVID X. SULLIVAN Assistant U.S. Attorney