Pubdate: Mon, 03 Dec 2001
Source: Morning Call (PA)
Copyright: 2001 The Morning Call Inc.
Contact:  http://www.mcall.com/
Details: http://www.mapinc.org/media/275
Author: Tyra Braden
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

FAKE DRUG BUY MAY COST MORE

Bethlehem Man Could Lose Vehicle Over Purchase Of A Topical Anesthetic.

A Bethlehem man who lost $300 when he allegedly bought a topical anesthetic 
that he thought was illegal drugs could lose his pickup truck under the 
state's forfeiture law.

Walter Stapinski, 41, of the 1800 block of Hampton Street was driving the 
1995 Ford pickup on March 17 when police stopped him in Bethlehem Township 
for suspected drunken driving and found 22 small plastic bags of procaine. 
Procaine is a legal substance used as a numbing agent.

At a hearing Friday in Northampton County Court before Judge William F. 
Moran, Assistant District Attorney Sandra Foster argued that because 
Stapinski intended to buy illegal drugs, his pickup truck and $100 found in 
his wallet are fair game for forfeiture.

"Our contention is that he went to the South Side [of Bethlehem] to" buy 
illegal drugs, Foster said, adding that Stapinski's intent was to buy drugs 
is all she needs to prove.

Attorney Bohdan Zelechiwski, who represents Stapinski, disagreed, telling 
Moran that the law is not applicable because no controlled substances were 
found.

Stapinski was not charged with drunken driving. He and his passenger, 
Michael Scherrer, 46, of the 500 block of Union Boulevard, Bethlehem, 
pleaded guilty earlier to possession of drug paraphernalia. Stapinski was 
fined $250, placed on probation for six months and ordered to perform 20 
hours of community service. Scherrer was placed on probation for 12 months.

Bethlehem Township police officer James Bonner testified Friday that he 
stopped Stapinski along Freemansburg Avenue after he saw the truck cross 
the center line twice. He said Stapinski smelled of alcohol but was not 
drunk. Nonetheless, Bonner said, he didn't want to let Stapinski drive, so 
he asked Scherrer if he had a license.

Bonner said Scherrer was trying to conceal a metallic object. "It looked 
like an object used to smoke crack cocaine," Bonner said. As Scherrer 
stepped out of the car, Bonner said, the object fell to the floor. 
Stapinski gave Bonner permission to search the truck.

Inside the truck, Bonner said, in Stapinski's jacket, were 22 small packets 
of "what appeared to be a controlled substance." Stapinski, Bonner said, 
told him that he and Scherrer had each paid $600 for the substance, which 
they bought in South Side Bethlehem.

"He had indicated that it was either coke or crank," Bonner said. "He 
further then advised that it was weak." Crank is a common street name for 
methamphetamine, which also is commonly smoked.

Bethlehem police officer Todd Repsher, who until August had worked with the 
city's special operations units and investigated hundreds of drug-related 
matters, testified that procaine is sometimes used as a cutting agent to 
dilute illegal drugs.

"Procaine is a topical anesthetic," he said. "It gives a numbing sensation 
without the stimulating sensation."
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