THIS IS AN ARCHIVE OF LAKE TAHOE NEWS, WHICH WAS OPERATIONAL FROM 2009-2018. IT IS FREELY AVAILABLE FOR RESEARCH. THE WEBSITE IS NO LONGER UPDATED WITH NEW ARTICLES.

Stamate — figure in landmark forfeiture law dies


image_pdfimage_print

Local resident Byron Stamate has just passed away and will be remembered as the key figure in a landmark case that helped upend California’s asset forfeiture laws.

In 1994, when he was 74, Stamate was charged with cultivating marijuana in his El Dorado County home. He said that the marijuana was used by his live-in companion, Shirley Dorsey, 70, to treat chronic pain from arthritis. Prosecutors relentlessly sought to forfeit Byron’s home and life savings of $400,000 under a new state law modeled on the federal one, which did not require a conviction for forfeiture.

Dorsey committed suicide rather than be forced to testify against him. The text of Shirley Dorsey’s suicide note follows:

“They want to take our property, security and herbal medicine from us, even though we have not caused harm to anyone.

“It is not fair or in the best interest of the people of society.

“I will never testify against you or our right to our home. I will not live in the streets without security and a place to sleep.

“I am old, tired and ill, and I see no end to the harassment and pressures until they destroy us.”

The prosecution backfired, generating intense adverse publicity against forfeiture abuse. Stamate’s case was settled for a nominal $1,000 fine. Subsequently, California’s forfeiture law was repealed and radically reformed thanks to a lobbying campaign led by Stamate’s attorney, Brenda Grantland, and an expose on forfeiture abuses by San Jose Mercury News reporter Gary Webb.

— Steve Kubby

image_pdfimage_print

About author

This article was written by admin

Comments

Comments (2)
  1. copper says - Posted: December 26, 2012

    A street or, better, a mountain should be named after these folks. Best of all, a cathedral – cathedrals need to improve their image these days, and that would help.

  2. dunbfounded says - Posted: December 27, 2012

    Too bad they didn’t just drive a truck into a school. Since there weren’t witnesses, they wouldn’t have had tried to take the old folk’s home away from them. It is incredible how arbitrary prosecutors can be when choosing their victims.