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.