PROSECUTION LOSES APPEAL IN DRUG KINGPIN CASE

MAYS LANDING -- A midlevel appeals court on Monday upheld a Superior Court
judge's decision to throw out 7 ounces of cocaine as evidence -- dashing
the prosecution's hopes to use the evidence to bolster testimony in an
expensive drug kingpin case.

The decision means the trial, expected to take six weeks, but plagued by
delays, continues today. The case ended in a mistrial last year.

After hearing arguments Monday, the Appellate Division of State Superior
Court let stand a decision by Superior Court Judge Albert Garofolo, who
ruled Thursday that 7 ounces of cocaine -- two drug buys and some seized
from a Brigantine bayfront home -- couldn't be used as evidence against
Robert, 31, and Roper Parker, 51, who are accused of selling drugs.

Garofolo had ruled the chain of custody -- where the drugs went after the
seizure -- couldn't be proven. The prosecution appealed.

The amount of drugs is crucial in the case against Robert Parker, who is
charged with first-degree drug trafficking, the "kingpin" charge. Parker,
who has no record, faces life in prison with no parole for 25 years.

To prove the kingpin charge, Assistant County Prosecutor Joel Mayer must
show at least 5 ounces were involved. The case comprises six wiretapped
drug buys totaling 10 1/2 ounces; 7 ounces were tossed out.

Roper is only charged with a third-degree count involving one phone call.

Although Garofolo tossed out the drug evidence, he hasn't barred Mayer from
arguing the buys -- taped by wired informants -- and seizure occurred.

Mayer contends Investigator Joe Zavaglia placed the drugs and nearly
$30,000 in cash in a locker on May 24 and returned May 28, after Memorial
Day weekend to mark the evidence. But he backdated it to May 24 and signed
Investigator Brian Barnett's initials. Because Zavaglia wasn't called as a
witness, jurors are unaware he was forced to retire for stealing drug money
he oversaw.

Defense attorneys Mario D'Alfonso and Bonnie Putterman had successfully
argued it couldn't be proven where the drugs went after Zavaglia seized
them, or if he tampered with them.

The case involves a May 24, 1996, drug raid on three homes. Three ounces of
cocaine were found in the home of former State Trooper Keith Nelson, who is
a star witness. Both Nelson and the other star witness, Carlo Sulprizio,
have other charges pending, and allegedly sold drugs to each other while
working for the prosecution.