District Attorney’s Crack House Seizure Upheld by Court of Appeals

Owner’s Appeal Dismissed in Landmark Forfeiture Action

Atlanta—Fulton County District Attorney Paul L. Howard Jr. (Atlanta Judicial Circuit) announces that the Georgia Court of Appeals has dismissed Imelda Balli’s appeal of Fulton Superior Court Judge Elizabeth Long’s ruling allowing the State to seize her property at 503 Atwood Street in southwest Atlanta. The Court cited the appellant’s failure to file her brief and enumeration of errors by the extended deadline. “The forfeiture of this property represents a truly momentous occasion and a wonderful opportunity for a neighborhood that has been suffering for years from the scourge of illegal drugs and the activities that come with it,” says Major T.A. Knox, commander of the Atlanta Police Department’s Zone 4 precinct, which includes Atwood Street. “I applaud the District Attorney’s Office for its work in this case, and we will continue to assist in these efforts in any way that we can.”

Ms. Balli’s two sons had been selling drugs out of the house for nearly three years, and repeated arrests had been made at the location. Local police officers knew the family well and had spoken with Ms. Balli about the serious nature of the activity taking place in her home on several occasions. Ms. Balli was personally served with a “cease & desist” letter in March 2000, and, in January of this year, the District Attorney’s Office filed a forfeiture action against the house. The illegal activity at the home was so brazen that, just two weeks prior to the trial, undercover police were able to purchase cocaine at the location.

The unique civil case (in which the District Attorney’s Office acted as the plaintiff) went to trial on May 20th to determine whether or not the property would be forfeited. The District Attorney’s Community Prosecutor, along with members of the Asset Forfeiture and Major Drugs Units, represented the State. At the close of testimony, Judge Long ruled in favor of the District Attorney’s Office and determined that the house would be turned over to the State. Ms. Balli then filed her appeal.

Crack House Seizure Upheld by Court of Appeals (continued)

The seizure of this property was the first action taken under the Office’s “Neighborhood Fresh Start” initiative targeting properties where drug activity is taking place. The program, administered through the Community Prosecution Program, works by first forfeiting the property and then by moving a police officer into the home to live rent-free for a period of roughly one year. At the end of that time, the house will be sold to a low to moderate-income family. The program’s goal is to approach the problem of illegal drug activity systemically rather than by simply repeatedly arresting offenders.

CONTACT: Erik Friedly, 404-224-0560 (office); 404-533-1381 (pager)