Pubdate: Tue, 06 Mar 2001
Source: Bergen Record (NJ)
Copyright: 2001 Bergen Record Corp.
Contact:  150 River St., Hackensack, NJ 07601
Fax: (201) 646-4749
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Website: http://www.bergen.com/
Author: Deena Yellin

NORWOOD DRUG CASE WILL BE DROPPED

NORWOOD -- Friday will mark the one-year anniversary of Mark 
Bocchino's marijuana arrest. For the Bocchino family, it will be a 
day of celebration.

An appeals court has upheld a decision to suppress all evidence in a 
marijuana case against Bocchino, a former candidate for Borough 
Council, and his wife, Melba, a registered nurse.

Prosecutors say they will drop the charges against the Bocchinos.

"We are taking our kids out to dinner," Mark Bocchino said. "We are 
very happy. We thank God that justice prevailed."

The Bergen County Prosecutor's Office had appealed Superior Court 
Judge Bruce Gaeta's decision in July that the Norwood police acted 
improperly in their search and alleged seizure of 17 grams of 
marijuana from the couple's bedroom at their Livingston Street home 
last March.

The judge found that Norwood Patrolman Thomas Eilinger had 
misrepresented the facts when he applied for a warrant to search the 
Bocchino home.

In a sworn statement on the application for the warrant, Eilinger 
said he smelled a strong odor of raw, unburned marijuana in the home. 
But a narcotics officer, who was with the police who later entered 
the home, testified that she smelled only burnt -- not raw -- 
marijuana.

Norwood Police Chief Frank D'Ercole said he was disappointed by the 
ruling and that he stands behind his officer. "They [the court] 
brought in other factors that should not have been brought in," he 
said. "They got hung up on raw marijuana vs. burnt marijuana. So what 
can I say? It's hard for me to be believe that Officer Eilinger lied."

Bocchino, 38, a plumbing and heating contractor, said he was 
devastated by the arrest and the ensuing notoriety, which he believes 
cost him election to the council.

"My friends know who I am, but other people in town lost a lot of 
respect for me because of this," Bocchino said. "It's going to take a 
long time for me to heal. I eventually cleared my name, but I lost 
the election."

At the time of the arrest, he was running in a special council 
election against Democrat Thomas Brizzolara. Bocchino, who would have 
been the only Republican on the all-Democrat council, lost the May 
election by a vote of 604-486.

Even before the marijuana arrest, the election had been 
controversial. The special election had been called by a judge who 
disqualified the vote of a councilman's elderly father in the 
November 1999 election because his son, Democratic Councilman Frank 
Gruccio, had assisted him with his ballot. That single vote cost 
Bocchino the election to Brizzolara. The judge voided the ballot 
because it is illegal for a candidate to help anyone cast their vote.

The legal trouble for the Bocchinos began on the morning of March 9, 
when Eilinger responded to a 911 call from the Bocchino home, which 
turned out to be an accidental call by one of the couple's three 
children.

Eilinger reported to his commander that while he was in the home, he 
detected a strong odor of marijuana. The Narcotics Task Force was 
alerted, and Eilinger prepared an affidavit requesting a search 
warrant.

The Bergen County Narcotics Task Force entered the house and arrested 
the Bocchinos, charging each with one count of possession of 
marijuana and marijuana paraphernalia.

 From the beginning, Bocchino and his supporters and friends contended 
that D'Ercole ordered the arrest to lend support to the Democratic 
candidate and help his brother, Democratic Mayor Gus D'Ercole.

Frank D'Ercole maintained that his officers acted appropriately, 
asserting that he has always been tough on drugs. "Our department 
also arrested my cousin's son and my nephew for drugs," he said. "We 
have zero tolerance for drugs in Norwood. This arrest had nothing to 
do with politics."

Eilinger could not be reached Monday. But Bocchino and his supporters 
say the ruling proves the arrest had everything to do with politics.

"I'm thrilled to death that the court upheld what was correct," said 
former Republican Councilman Allen Rapaport. "The Police Department 
should never be used for political ends."
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