The attorney for a Tucson couple at the center of an alleged prostitution ring withdrew a motion Tuesday to dismiss the seizure of $15,000 cash and two vehicles.
Clarissa Lopez and Ulises Ruiz also lost a home and hundreds of items in a Jan. 27 raid by Tucson Police Department, after a three-year investigation into a string of illegal massage parlors the couple allegedly operated.
In April, the couple's attorney, Cornelia Honchar, petitioned for the assets return based on the timeliness of the chain of custody.
She asserted that petition to seize assets was untimely, and she hadn't received all the documents from the County Attorney prosecuting the case, Faten Barakat-Nice.
The items taken when the warrants were executed on Jan. 27 were put into evidence for the criminal investigation at that time, Barakat-Nice said.
A release of evidence from a criminal investigation could have been authorized by the detective working the case at any time until it was officially seized for the forfeiture a month later, she said.
In March, Detective Shane Barrett, who was investigating aspects of the case related to racketeering offenses, passed off the investigation to forfeiture detectives who officially seized the items.
After the state presented their case, Honchar withdrew her claim based on the timeliness of the seizure.
"The continuing issue is the cash that was seized," she said.
Although she implied that another motion to dismissed was forthcoming, it hasn't been filed yet.
The business, By Spanish, advertised on websites like Backpage.com began in November 2011 when police began receiving tips.
Officers learned the details of the business' operation through a confidential informant and Lopez herself, including her expectations of employees and the $40 "cut" she would receive for each sexual service provided.
Police documents show that up to 15 women worked for the business- that operated out of several locations- with as many as six to seven of them working 7 days a week, including holidays.
Investigators determined that Lopez and the other operator, Ulises Ruiz, had the potential to take in up to $250,000 per year based on the $40 cut, records state.
After more than three years of investigation, six locations connected to the business were raided with hundreds of items seized, including cash and vehicles.
No arrests have been made in the case.
Last month, Tucson Police Chief Roberto Villaseñor confirmed for the first time that four police officers were being investigated as part of the case.
The investigation has been turned over to the Arizona Department of Public Safety to avoid a conflict of interest, but the results of that investigation are still several weeks away.
