Kane judge rules cops can keep brothers' $190,000

A Kane County Judge ruled Wednesday that police had probable cause to seize $190,000 from an Aurora man who was a person of interest — but not charged — in an ongoing narcotics investigation.

Aurora brothers Jesus and Jose Martinez say the $190,040 in a duffel bag that was seized from Jesus Martinez on Oct. 18 was their life savings and they were bringing the money to their father so he could pay off his mortgage and retire in Mexico.

The city of Aurora says the seizure is part of a narcotics investigation and that the money was turned over to the U.S. Department of Homeland Security's Immigration and Customs Enforcement (ICE).

Patrick Kinnally, the brothers' attorney, argued Wednesday that the city should be held in contempt of court because it has not returned the money despite a Nov. 29 order by recently retired Kane County Judge Michael Colwell to do so.

Kinnally also noted the Martinezes were not arrested, not charged with a crime and the police never stopped the other vehicle that allegedly was part of a drug deal.

“You can't take somebody's money just because you have a hunch they're going to buy drugs,” Kinnally said. “This is America. It's not Russia.”

John Murphey, an attorney representing Aurora, countered that the traffic stop and seizure was part of an ongoing investigation in cooperation with the state police and the North Central Narcotics Task Force. He said Aurora police only possessed the money briefly before turning it over to state police.

“The city of Aurora, for all intents and purposes, never had the money,” he said.

Murphey said several arrest warrants had yet to be issued in the investigation, and any further disclosure of information could hamper the investigation and put undercover officers in harm's way.

“I am not going to risk lives,” he said.

Judge Thomas E. Mueller agreed with Murphey and ruled that police had probable cause to make the traffic stop and subsequent seizure.

Mueller also said that in many investigations police don't make immediate arrests in drug deals because they are working their way up to get the main dealer.

The case is set for another hearing on March 8.

Kinnally and the Martinezes declined to comment after the ruling.

Kinnally does have the option of including other parties, such as the Illinois State Police, as defendants in the lawsuit.