Pubdate: Tue, 08 Aug 2006
Source: Morning Journal (OH)
Copyright: 2006 Morning Journal
Contact:  http://www.morningjournal.com/
Details: http://www.mapinc.org/media/3569
Author: Beth Stallings, Morning Journal Writer
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

MARIJUANA IN CAR NOT SCHOOL BOARD MEMBER'S, SAYS LAWYER

LORAIN -- Drug charges against an Amherst school board  member were 
dismissed in June because the small amount  of pot found in his car 
"wasn't his," the board  member's attorney said yesterday.

Nicholas Dimacchia was arrested May 22 for possession  of a scheduled 
substance, possession of marijuana, drug  paraphernalia and tinted 
windows, according to the  Lorain Municipal Court Web site.

The latter three charges were dropped June 22 in court,  but 
Dimacchia pleaded no contest to possession of a  scheduled substance 
and was ordered to pay $217 in  fines and court costs.

Michael Duff, Dimacchia's attorney, would not comment  on how the 
school board member was cleared of the  charges, but simply said the 
marijuana and drug  paraphernalia did not belong to him.

Court documents pertaining to the drug charges are no  longer on file 
since the case was dismissed, according  to the prosecutor's office.

The misdemeanor scheduled substance charge was the  result of 
Dimacchia placing the wrong drugs in a  prescription bottle, according to Duff.

Dimacchia, who is also a special education teacher at  Clearview High 
School, did not return phone calls  seeking comment last night.

Dimacchia was pulled over on SR 58 by the State Highway  Patrol on 
May 22 for tinted windows, according to Sgt.  Jon Gray of the highway patrol.

He said a prescription bottle was sitting on the seat  next to 
Dimacchia, who handed it to the trooper  conducting the stop. The 
label carried an expiration  date of 2003 and contained one pill.

"The pill did not match the prescription," Gray said,  reading from 
the report yesterday. Gray was not sure  what kind of drug was on the 
prescription label or the  type of drug that was in the bottle.

A search of the car found a small metal pipe, or  "one-hitter," and a 
small amount of marijuana, Gray  said. Two pills identical to the one 
in the bottle were  found in Dimacchia's pocket.

Elected to the school board in November, Dimacchia's  primary 
residence is on Terra Lane in Amherst. But  according to court 
dockets his listed residence is on  West Seventh Street in Lorain.

Amherst Superintendent Robert Boynton said yesterday he  was made 
aware of the traffic stop late last week but  has not spoken with 
Dimacchia. Since the charges were  dropped, Boynton said it's not a concern.

"It's really no issue for our board of education to  deal with," he said.
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MAP posted-by: Beth Wehrman