Pubdate: Sun, 01 Jul 2001
Source: Union Leader (NH)
Copyright: 2001 The Union Leader Corp.
Contact:  http://www.theunionleader.com/
Details: http://www.mapinc.org/media/761
Author: Nancy West

KEENE POLICE SEARCH ILLEGAL, DEPECOL'S LAWYER CONTENDS

Rep. Benjamin DePecol's attorney wants the court to suppress the alleged 
marijuana and so-called "pot pipe" seized at DePecol's home May 24 because 
police violated his right against illegal search and seizures and arrested 
the Keene Democrat in his home without a warrant after an unconstitutional 
interrogation.

On Friday, Keene Attorney John A. Bell filed the motion to suppress 
evidence seized by Keene police from DePecol's apartment.

DePecol, 49, was arrested May 24 at his Keene apartment after he allegedly 
gave a small amount of marijuana to a woman friend who turned it over to 
police.

"The arrest was the result of an oddly styled 'sting' operation in which 
the police employed the services of a civilian female acquaintance of the 
defendant, R.H., who had reported to the police that she had observed the 
defendant smoking marijuana in his home while in her presence on previous 
occasions," Bell wrote.

Bell also detailed the following events leading to DePecol's arrest:

Bell said police made no attempts to verify the woman's credibility, but 
persuaded her to return to DePecol's home to try to buy marijuana from him.

"There is no indication in the discovery that the defendant offered to 
distribute a controlled substance to R.H. before police involvement," Bell 
wrote.

Bell said the woman arrived at the Keene Police Department just before 6 
p.m. May 24 for a "quick briefing."

"She reported she had arrangements with the defendant to arrive at his home 
at 8:15 p.m. Then she was 'briefed' on the plan by the police, officers 
(Randall) Teft and (James) Cemorelis.

"The plan essentially was for R.H. to obtain marijuana from the defendant, 
hand it to the police and for the arrest to take place. Police presumably 
observed R.H. enter DePecol's apartment and leave 13 minutes later.

"R.H. met the two police officers at the end of the street, handed them a 
small quantity of what is alleged to be marijuana and reported the 
defendant had given her the quantity free of charge."

Officers Teft and Cemorelis then went to DePecol's open front door and, 
through a screen door, saw him sitting on his couch. DePecol let them in 
after twice refusing, Bell wrote.

"Once inside, officer Cemorelis informed the defendant he 'knew' the 
defendant possessed marijuana and they were there to place him under arrest.

". . . The police then told the defendant 'if you just go get it (the 
marijuana) we won't have to search your apartment.'"

DePecol went through a number of papers and objects on his coffee table and 
handed the police a small bag containing a substance the police allege is 
contraband, Bell wrote.

"The bag was not in plain view," Bell wrote.

Bell also wrote: "At no time subsequent to the police informing the 
defendant he was under arrest was the defendant advised of his rights 
against self incrimination . . ."

According to his biography in New Hampshire Elected Officials, DePecol, a 
six-term member of the state House of Representatives, is retired from the 
U.S. Air Force, divorced with two children.

A graduate of Keene State College, DePecol listed his priorities as 
property tax relief, business renewal and personal liberties. He described 
himself as a sports fan.
- ---
MAP posted-by: Beth