Opinion
CA No. N13M-12-075
03-10-2016
LEONARDO MALDONADO Petitioner, v. STATE OF DELAWARE, Respondent.
Upon Appeal of Commissioner's Denial of Petition for Return of Property
AFFIRMED
ORDER
On December 31, 2013, Leonardo Maldonado petitioned for return of property seized by the State. Trial before a Superior Court Commissioner was held over three days - September 9, 2015, September 22, 2015, and November 5, 2015. The State and Petitioner presented the testimony of witnesses and documentary evidence.
By Order dated November 5, 2015, the Commissioner denied the Petition for Return of Property for the reasons stated on the record. The Commissioner held that the $30,141.99 seized from Petitioner's Citibank account was properly forfeited as drug proceeds.
Petitioner filed a Notice of Appeal to a Superior Court Judge on December 3, 2015. Transcripts of the three-day trial were ordered and reviewed.
The Court finds that the Commissioner's Order, as supported by the detailed ruling set forth on the November 5, 2015 record, should be affirmed. The Commissioner's findings are not clearly erroneous, are not contrary to law, and are not an abuse of discretion.
The record demonstrates that the State met its initial burden of establishing probable cause that the proceeds came from drug distribution. The Commissioner was correct in finding that Petitioner failed to meet the subsequent burden of showing by a preponderance of the evidence that the funds came from a legitimate source, and were neither profits nor proceeds from the sale of illegal substances.
THEREFORE, after careful and de novo review of the record in this action, the Court hereby accepts and affirms the Commissioner's denial of the Petition for Return of Property.
IT IS SO ORDERED.
/s/ Mary M. Johnston
The Honorable Mary M. Johnston