KEENE POLICE SEARCH ILLEGAL, DEPECOL'S LAWYER CONTENDS

Rep. Benjamin DePecol's attorney wants the court to suppress the alleged
marijuana and so-called "pot pipe" seized at DePecol's home May 24 because
police violated his right against illegal search and seizures and arrested
the Keene Democrat in his home without a warrant after an unconstitutional
interrogation.

On Friday, Keene Attorney John A. Bell filed the motion to suppress
evidence seized by Keene police from DePecol's apartment.

DePecol, 49, was arrested May 24 at his Keene apartment after he allegedly
gave a small amount of marijuana to a woman friend who turned it over to
police.

"The arrest was the result of an oddly styled 'sting' operation in which
the police employed the services of a civilian female acquaintance of the
defendant, R.H., who had reported to the police that she had observed the
defendant smoking marijuana in his home while in her presence on previous
occasions," Bell wrote.

Bell also detailed the following events leading to DePecol's arrest:

Bell said police made no attempts to verify the woman's credibility, but
persuaded her to return to DePecol's home to try to buy marijuana from him.

"There is no indication in the discovery that the defendant offered to
distribute a controlled substance to R.H. before police involvement," Bell
wrote.

Bell said the woman arrived at the Keene Police Department just before 6
p.m. May 24 for a "quick briefing."

"She reported she had arrangements with the defendant to arrive at his home
at 8:15 p.m. Then she was 'briefed' on the plan by the police, officers
(Randall) Teft and (James) Cemorelis.

"The plan essentially was for R.H. to obtain marijuana from the defendant,
hand it to the police and for the arrest to take place. Police presumably
observed R.H. enter DePecol's apartment and leave 13 minutes later.

"R.H. met the two police officers at the end of the street, handed them a
small quantity of what is alleged to be marijuana and reported the
defendant had given her the quantity free of charge."

Officers Teft and Cemorelis then went to DePecol's open front door and,
through a screen door, saw him sitting on his couch. DePecol let them in
after twice refusing, Bell wrote.

"Once inside, officer Cemorelis informed the defendant he 'knew' the
defendant possessed marijuana and they were there to place him under arrest.

". . . The police then told the defendant 'if you just go get it (the
marijuana) we won't have to search your apartment.'"

DePecol went through a number of papers and objects on his coffee table and
handed the police a small bag containing a substance the police allege is
contraband, Bell wrote.

"The bag was not in plain view," Bell wrote.

Bell also wrote: "At no time subsequent to the police informing the
defendant he was under arrest was the defendant advised of his rights
against self incrimination . . ."

According to his biography in New Hampshire Elected Officials, DePecol, a
six-term member of the state House of Representatives, is retired from the
U.S. Air Force, divorced with two children.

A graduate of Keene State College, DePecol listed his priorities as
property tax relief, business renewal and personal liberties. He described
himself as a sports fan.