Pubdate: Wed 25 Aug, 1999
Source: Milwaukee Journal Sentinel (WI)
Copyright: 1999, Milwaukee Journal Sentinel.
Contact:  414-224-8280
Website: http://www.jsonline.com/
Forum: http://www.jsonline.com/cgi-bin/ubb/ultimate.cgi
Author: Lisa Sink of the Journal Sentinel staff

DRUG-DEAL ARRESTS DISRUPT LUNCH AT BROOKFIELD EATERY

Potential Defense Attorney, Restaurant's Manager Criticize Agents'
Tactics

(Waukesha) - The lunch-hour crowd at a busy Brookfield Square restaurant
got a shock this week when armed, masked county drug enforcement
agents stormed in to arrest a woman allegedly buying cocaine from an
undercover agent.

The tactic drew criticism from the manager of the restaurant where the
bust occurred, and from a lawyer who said the agents were out of bounds.

According to authorities:

Drug agents from the Waukesha County Metropolitan Drug Enforcement
Unit on Monday took a kilogram of cocaine in the trunk of their car to
the parking lot outside Houlihan's, 95 N. Moorland Road, Brookfield.
They ate lunch during the noon hour with two people from Illinois who
are accused of being drug dealers, and then one agent went out to the
parking lot with one of the people to swap the cocaine for $25,000 in
cash.

Authorities say Frank Basile, 42, of Park Ridge, Ill., handed over the
cash and then was shown the cocaine by officers who opened their trunk
before other agents swarmed in to arrest Basile.

Capt. Terry Martorano, director of the county drug enforcement unit,
said he was one of nine officers involved - along with Deputy
Inspector Daniel Trawicki, a lieutenant and several undercover drug
agents - who wore hoods to disguise themselves.

After arresting Basile in the parking lot, several officers with guns
drawn and black vests emblazoned with the word "police" ran into the
restaurant and arrested Susan Labonte, 40, of Chicago, who was
standing at the bar.

City of Brookfield police were not involved but were called to the
scene by worried citizens. County agents had notified police of plans
for the bust, Martorano said.

He said the restaurant's manager complained that customers and
restaurant employees were frightened, thinking for a moment that the
gun-wielding officers were robbers.

"We're just talking to both the city police and Sheriff's Department
in expressing our concerns, especially for the safety of the guests
and employees of the restaurant," said the manager, who refused to
identify himself to a reporter.

The bust also was criticized Tuesday by a defense lawyer who said he
may represent one of the people who were arrested.

"You're talking about high noon at a restaurant in a busy public
mall," lawyer Craig Mastantuono said.

He called the method used a "reversal" of a normal sting operation in
which officers offer to buy drugs from suspects.

Mastantuono said the incident reminded him of a case five years ago in
which a confidential informant was shot during a marijuana transaction
at a Brookfield hotel. In both situations, county drug agents were
posing to sell drugs, not buy them.

"It's not taking drugs off the streets, which is what police are paid
to do," Mastantuono said.

But the tactics were defended by Martorano and Assistant District
Attorney Kevin Osborne, who issued charges against Basile and Labonte.

They said drug deals occur routinely in public parks, parking lots,
restaurants and businesses because dealers want to feel safe and
believe they won't be robbed or shot.

"It would be real nice if they came down to the police station and do
it in the lobby," Osborne said.

Martorano said he didn't want anyone to accuse his agents of acting
like "cowboys."

"While I think that it went well, I certainly feel for the people who
got scared," he said, adding that the suspects were not armed. "Will I
do it again? Probably not."

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