Pubdate: Tue, 10 Jul 2001
Source: Bergen Record (NJ)
Copyright: 2001 Bergen Record Corp.
Contact:  http://www.bergen.com/
Details: http://www.mapinc.org/media/44
Author: Deena Yellin

TOWN OKS $250 AN HOUR TO DEFEND POLICE CHIEF

NORWOOD -- Borough taxpayers will bear the $250-an-hour legal cost to 
defend Police Chief Frank D'Ercole against a lawsuit filed by a former 
council candidate.

The council recently voted 4-2 to approve D'Ercole's request to hire the 
Roseland firm of Lowenstein Sandler for his defense in the federal suit 
brought by Mark Bocchino.

Bocchino was arrested on marijuana charges two weeks before an election 
last year, and he contends that the arrest was politically motivated. The 
criminal charges against Bocchino were subsequently dropped after two 
judges ruled that the police had no justification to search his home. He 
sued the borough in May.

"You want to have a really good, experienced defense," said Councilman 
Thomas Brizzolara, who won the election against Bocchino last year. "If we 
lose this case, it could be a tremendous cost to taxpayers."

Brizzolara said he would like to see the case settled out of court.

Councilman Mike Kaplan, who voted against the chief's request last week, 
complained that the decision will make the town "an open checkbook."

Bocchino's suit, seeking unspecified compensatory damages, names as 
defendants D'Ercole, Police Officers Thomas Eilinger and James McVey, and 
the borough.

Bocchino and his wife were arrested and charged with marijuana possession 
in March 2000, two weeks before a special election in which he was running 
against Brizzolara, a supporter of Mayor Gus D'Ercole. The mayor is the 
chief's brother.

Chief D'Ercole, who did not return phone calls seeking comment, has said in 
the past that his men acted appropriately and that he has always been tough 
on drugs.

Police have said they smelled marijuana at Bocchino's house after 
responding to a 911 call that turned out to be a misdial by one of his 
children. After that, police said, they obtained the warrant.

But the lawsuit accuses the police of preparing an affidavit with 
intentionally misleading information to obtain the warrant from a judge. 
Without such misrepresentation, a warrant would not have been issued, the 
suit states.

Bocchino said the publicity surrounding the arrest cost him the election. 
Had he been elected, he would have been the sole Republican on the council.
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MAP posted-by: Larry Stevens