A civil forfeiture case that Custer County Prosecutor Justin Oleson filed against Justin and Angie Green of Challis has ended with the Greens forfeiting $5,000 in currency, a $500 cashier’s check and a .22-caliber Beretta pistol.
Oleson filed the civil case in connection with a criminal drug case against the Greens that was dismissed due to an unconstitutional search.
The state will retain $3,000 of the $5,000 and attorney Chip Giles will receive $2,500 and the pistol. Giles filed an attorney’s lien against the Greens for not paying him and the money and the pistol settle his lien.
The stipulation does not mention a $45,000 cashier’s check the state seized during the drug case, Oleson said, because it ended up being “a worthless piece of paper” after the Greens told the bank they had lost the original and asked the bank to issue another check. That had the effect of stopping payment on the original check, Oleson said.
The check represented some of the proceeds from the sale of property that Justin Green had inherited from his grandmother. That property sale was key evidence in the perjury case Oleson brought against the Greens. When Angie and Justin Green filled out financial disclosure forms to apply for a public defender to represent them in the felony drug case, they failed to disclose income they had received from the property sale which totaled around $80,000.
Justin Green pleaded guilty to the perjury charge. Angie Green pleaded not guilty and a Custer County jury convicted her of perjury last year.
In the civil forfeiture case, the parties stipulated that the Greens would forfeit all contraband found when law enforcement officers entered their apartment, including methamphetamine, marijuana and drug paraphernalia in the form of pipes and grinders.
The Greens are getting some of their seized items back including a 1998 Dodge pickup, a fireproof safe, a rifle scope, a computer, a digital camera, two computer tablets and a 2002 GMC Yukon.
The drug charges against the Greens were dismissed after District Judge Stevan Thompson declined to reconsider his decision that the 2018 search of the Green’s apartment violated their constitutional rights.