The underlying felony case is still pending and going federal, $ and lots of property. Admitted in a written confession about his dealing dope and buying property with dope money. Then did not sign the confession(picked up the pen and put it on the paper, then decided not to sign). Can I use the written confession as an admission of a party opponent in the forfeiture hearing?

I don't know your status and discovery deadlines, but assuming that you have time left in which to conduct written discovery I would propound a set of Requests for Admissions and attach the unsigned confession as Exhibit A.

Questions would be similar to the folowing:

1.Admit or deny that you are the author of Exhibit A

2. Admit or deny that Exhibit A is a true and correct copy of the document

3. Admit that you wrote Exhibit A in the presence of Officer Bob Smith on August 3, 2005.

4. Admit that each of the facts written by you in Exhibit A are true and correct.

5. Admit that you voluntarily wrote Exhibit A and were not forced or coerced in any manner.

ETC....

The fun part is that if he denies all of the above, and you prove different in trial, he will be liable for your attorney's fees necessary to prove up the disputed fact.


If you don't have time for that, to use it at trial you will have to prove that he is the person who wrote it. I would think that the testimony of the peace officer who witnessed him writing it would be sufficient.

It will qualify as the admission of a party opponent for purposes of an exception to the hearsay rule. He is clearly a party with an adverse interest as evidenced by his claim to the property and his filing of a general denial/other answer to the seizure petition.

The admission as a party opponent is what I figured I could do, but I was not sure and have not taken the time to look it up to make sure. Thanks for the help.