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HONOLULU — A mother arrested in Hawaii over the disappearance of her two Idaho children wants a judge to reconsider her million bail. A court hearing is scheduled Wednesday on Kauai, where Lori Vallow was arrested on an Idaho warrant. Seven-year-old Joshua "JJ" Vallow and 17-year-old Tylee Ryan were reported missing in November, but have not been seen since September. Vallow has been charged with felony counts of desertion and nonsupport of dependent children in connection with the children's disappearance.MORE: 533

Gerardo Serrano lives in rural Kentucky for peace and quiet. However, a story involving his truck and a trip across the U.S.- Mexico border suddenly made his life a bit more complicated. "I love my country, but if we have policies like this, forget it. I can't live in a place like this," Serrano says. It all started when Serrano decided to visit his cousin in Mexico. He got in his truck and drove down to Texas. As he reached the border, he took out his phone to snap a couple photos. "A border patrol agent walks by, and so I got his picture," Serrano recalls. What happened next completely took him by surprise. "He opens the door, unlocks my seat belt, and yanks me out of the truck, like some kind of rag doll," he says. "I said, 'Hey listen, I'm an American. You can't do that. I have rights.’" The border agent asked for his phone, but when he refused to give up his passcode, he was suddenly surrounded by five patrol agents searching his truck. "There's a guy that yells out, ‘We got him,’ and he puts his hand out and there was my magazine with five bullets in it." Serrano didn't realize five bullets had been left in the center console. He didn't think it'd be a problem since he had a license to conceal and carry, but then they sent him to a jail cell on the property. "Four hours go by, and then all of the sudden they say, ‘You can go.’" All Serrano had to do was sign a paper. "So, I put my shoes on, I look at the paper, and about the second sentence or so, it says, 'I'm gonna confiscate your truck.'" The paper said Gerardo was trying to smuggle "munitions of war" across the border. "You can't start a revolution with bullets like that," he says. "You can't start a war with that. But that's what they got me for." Since he knew he was innocent, Serrano expected to get his truck back very soon. When that didn’t happen, he contacted the Institute for Justice for help."The Institute for Justice, or IJ, is a nonprofit law firm that represents individuals whose most basic rights are violated by the government," Dr. Dick Carpenter, director of strategic research, says.What Serrano experienced is a legal and commonly used law enforcement tactic known as civil forfeiture. "Most people are familiar with criminal forfeiture. When somebody commits a crime, they're charged and convicted, and then as a result they have to give up property related to that crime," Dr. Carpenter explains. "But in civil forfeiture, no person is charged with a crime. Instead the property is charged and convicted."Civil forfeiture is used by the government to seize property that may have been involved in a crime, even if the owner was not. That property could be anything from cash, to a boat, a house, or in Serrano's case, his truck.Civil forfeiture has been on the books since the country was founded in the 1700s. Originally it was used to fight piracy, but the federal government expanded the policy during the War on Drugs in the 1980s. Now there's concern it gives law enforcement reason not only to violate the rights of citizens but to police for profit, as well. Stefan Cassella is a former prosecutor. He's used civil forfeiture to help win convictions in court, but he agrees there is some reasoning behind the concern."Are police out there seizing cash from the back of a car, because they think they will ultimately be able to use that to supplement their budget? That's a perfectly legitimate concern," he says. "The response to that is congress enacted that procedure because they wanted to encourage state and federal cooperation. There's just not enough federal agents to go around to police every county in the United States."Casella spent 30 years with the Department of Justice. He believes civil forfeiture is necessary in most cases because even if the owner of the property hasn't committed a crime, that property could help lead law enforcement to someone who has."You need it to be able to go after property when the defendant who committed the crime is a fugitive, is fighting extradition, or cannot be identified," he says. "You still have to prove the crime, and you still have to prove the property was derived from the crime, but without the ability to prosecute the individual, you'd have no other alternative.”Cassella says the government uses civil forfeiture to recover property stolen in foreign countries, to recover assets used to finance terrorism, to recover artwork stolen overseas, and to recover fraud money."I did a case involving a woman who defrauded terminally ill cancer patients by charging them huge sums of money for worthless medical procedures and then fleeing to Mexico where she was a fugitive, leaving behind her property in Oklahoma. If you didn't have civil forfeiture, you could not recover that property and try to get it back to the victims."So what about cases like Serrano's? He wasn't charged or arrested in his run-in with border patrol, but it took nearly two years for him to get his truck back. That's because U.S. Border Patrol is exempt from the 90-day limit for law enforcement to push the civil forfeiture paperwork forward. Serrano says it's not clear why that is."The DEA does 14,000 seizures a year. The FBI does between 4,000 to 5,000 seizures a year. Customs does about 60,000 seizures a year," he says. "So, I don't know what the reasoning was, but for whatever reason, Congress exempted customs cases."After multiple calls and emails to U.S. Border Patrol, we have yet to hear back.Serrano says getting his truck wasn't as special of a moment as he had anticipated, because what's most important to him is that what happened in his case doesn't continue."You're violating people's rights," he says. "This kind of policy doesn't belong here."Serrano is part of a class-action lawsuit. The case is pending in the appellate court and is scheduled to be heard in the fall."I don't want this in my country. I know, I know that it's unconstitutional."*************************************************If you’d like to contact the journalist for this story, email Elizabeth Ruiz at elizabeth.ruiz@scripps.com 6097

GULF BREEZE, Fla. – When Michael Esmond got his utility bills – due December 26 – his mind went straight to the 1980s, when he had trouble making ends meet.So the Florida business owner found out who in his Gulf Breeze community was at risk of having their utilities disconnected. Then, he paid 36 families' bills ahead of Christmas.Esmond, who owns Gulf Breeze Pools & Spa near Pensacola, told CNN he spent ,600 to give his neighbors "a happier Christmas and take a little bit of stress out." 511

Human DNA test kits are all the buzz right now, but the newest trend is DNA tests for your pet. But can you trust the results? Meet Potato. He was rescued by his owner Bart Fletjterski. "Potato was advertised as a corgi," Fletjterski says. However, that just didn’t seem right when looking at Potato. Fletjterski says he’s been trying to figure out what kind of dog Potato really is. "The guesses vary from St. Bernard mix to collie mix to Anatolian shepherd,” Fletjterski says. Fletjterski agreed to try DNA tests for pets to find out. In order to ensure accuracy, Potato’s DNA was submitted to three different companies, using their kits. The companies were Embark, Wisdom Panel and DNA My Dog. Potato’s DNA was collected by swabbing, which he was not a fan of. "What's interesting to me is that a lot of those same techniques that would be used for forensics or paternity applications are being moved into this realm of identifying the breed of dog or even identifying individual dogs," says Dr. Andrew Bonham, chair of chemistry at MSU Denver, who does a lot of DNA work. It took about a month to get the test results. According to Embark, Potato is primarily Siberian Husky, mixed with some other breeds. Wisdom Panel identified Potato as Siberian Husky, too, along with a few other breeds. Both companies provided similar test results, with some variations in the percentage and types of breed. However, the third test produced results that differed majorly from the other kits. According to DNA My Dog, Potato is not primarily Siberian Husky; he's Samoyed. So, what could cause the major differences? "There's different algorithms that are used to try to understand ancestry and different companies will use different algorithms," explains Adam Boyko, founder and chief science officer at Embark Veterinary. Embark says you can get different results based on the company’s data sets and how they analyze the data. As the data grows, so will the ability to narrow in on your dog's breed. "Over time, you can log back in and you can learn more about your dog than when you first had it," Boyko says. DNA My Dog did not want to go on camera, but they sent a statement, saying in part: "The sample taken had all of the DNA. It just didn't match well with anything."The first sample sent to DNA My Dog got contaminated, but that came as no surprise. The company asked for the sample to be sent in an envelope, while the two other companies provided a sealed container. DNA My Dog was the cheapest of the three tests. It was bucks, compared to Wisdom Panel at and Embark at 9, with a coupon code. As for dog owner Fletjterski, he says he’s happy to finally have a better idea of what Potato is. 2726

Health officials said Wednesday they are actively monitoring 16 people who came into close contact with the traveler to China who became the first U.S. resident with a new and potentially deadly virus.The man, identified as a Snohomish County, Washington, resident is in his 30s, was in good condition and wasn’t considered a threat to the public. The hospitalized man had no symptoms when he arrived at the Seattle-Tacoma airport last week, but he started feeling ill. He had traveled to China in November, flying home to Washington state Jan. 15 before the start of U.S. airport screening.Investigators will make daily phone calls to those 16 who had contact with him, including some who sat near him on his flight, to check if they have symptoms. They will not be asked to isolate themselves unless they start feeling ill. “This may be a novel virus, but this is not a novel investigation,” said John Wiesman of the Washington State Department of Health at a Wednesday briefing for reporters.The patient is doing well in an isolation unit at Providence Regional Medical Center in Everett, about 30 miles north of Seattle. The virus can cause coughing, fever, breathing difficulty and pneumonia 1208