Pubdate: Wed, 16 Feb 2000
Source: Staten Island Advance (NY)
Copyright: 2000 Advance Publication Inc.
Contact:  http://www.silive.com/
Forum: http://www.silive.com/forums/
Author: Rochelle Steinhaus

JUDGE DISMISSES MOST CHARGES IN DRUG TRIAL

Defense Had Made Motion To Reject All Counts 
Against Former Island Couple

A jury deciding whether a former Tottenville couple is guilty of drug
sale and possession charges has a lighter load, now that most of the
charges were dismissed in state Supreme Court, St. George.

Fred and Nadenia Biondolillo, formerly of Tottenville and currently of
Manasquan, N.J., face separate charges in connection with a Jan. 6,
1999 sting by narcotics cops outside their former Main Street apartment.

The defense made a motion to dismiss all charges on Monday, claiming
that the prosecution hadn't proven its case.

Justice Stephen J. Rooney granted the motion for most of the counts,
dismissing four counts against Mr. Biondolillo, 42, and two counts
against Mrs. Biondolillo, 41.

The jury was left with one count concerning Mr. Biondolillo, the top
charge of criminal sale of a controlled substance in the third degree.

His wife was never charged with selling the drug, but was charged with
criminal possession with intent to sell. That charge -- the most
serious one lodged against her -- was thrown out.

Mrs. Biondolillo now faces a charge of fourth-degree criminal
possession of a controlled substance for alleged possession of more
than a quarter-ounce of cocaine, as well as unlawful possession of
marijuana.

According to court papers, the couple was arrested after cops say they
observed Mr. Biondolillo selling cocaine to James O'Brien. After cops
apprehended him, they said that they proceeded to the apartment so
that Mr. Biondolillo could retrieve his jacket.

That's when police claim Mrs. Biondolillo came to the door with a
plastic bag containing cocaine in her waistband. Cops testified that
Mrs. Biondolillo threw the bag, kicked it away from the officers, and
a chase around the living room ensued as she allegedly tried to avoid
capture. Cops also said that they found marijuana in her pocket.

Robert DePalma, who represents Mr. Biondolillo, said that the
undercover cop who testified that he witnessed the alleged exchange
between Mr. Biondolillo and O'Brien didn't accurately identify the
small package containing the cocaine.

During his summation, the New Dorp defense attorney told the
three-man, nine-woman panel that the story offered by the police
witness didn't add up.

DePalma explained that the police witness said Biondolillo handed
O'Brien a triangular-shaped piece of paper containing the drug, but
that when O'Brien was apprehended, the paper was folded in a
rectangular shape.

"This detective did not see what took place. He didn't see an exchange
at all," he said.

DePalma also said that since no drugs or packaging paper were found on
his client at the time of his arrest, it isn't farfetched that cops
nabbed the wrong guy when his client was arrested.

"If the undercover can't be sure, how can you be sure?" he
said.

Scott Weisner, co-counsel to Gregory Clarke, who represents Mrs.
Biondolillo, said that the prosecution's version of events cast
reasonable doubt on the case.

"If she has drugs in her waistband, why would her husband bring cops
upstairs?" he asked. "The story the cops told you doesn't make sense."

"Do you think somebody who had drugs on them would come to the door
with the drugs in their hand?" he said.

He also poked fun at the chase around the living room couch cops claim
took place just prior to Mrs. Biondolillo's arrest, painting it as
unrealistic.

"It sounds like a cartoon scene," he said.

But Assistant District Attorney Matthew Zuntag urged the jury to use
common sense.

"I will concede to you that it is possible -- possible, but not
reasonable," he said.

"The only reasonable conclusion is that this piece of Pyramid paper is
the same object the officer saw Fred Biondolillo hand to James
O'Brien," he said.

The jury was sequestered last night and deliberations were scheduled
to resume this morning. 
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