GRAMMY'S DRUG CONSPIRACY CHARGE STANDS

For better or worse, grandparents Andrew and Winifred Schlehuber will
remain on trial together, wedded as they are in life to allegations
of running a drug den in their West Roxbury home.

Suffolk Superior Court Judge Raymond J. Brassard yesterday refused to
drop the drug conspiracy case against Winifred Schlehuber, 69,
despite her attorney's contention that the only witness against her -
Finagle-a-Bagel founder and admitted cocaine junkie Mark Smith -
lacks credibility.

The tarnished tycoon testified this week that his $200-a-day nose
candy habit was why he was entrusted with housesitting the
Schlehubers' property when the couple's home was raided by police
March 31, 2000.

"Mark Smith testified that over 10 times, and as much as 20 times,
Winifred Schlehuber gave him his daily fix when her husband wasn't
there," prosecutor Dean Mazzone reminded Brassard.

Smith, who sold his Auburndale bagel company in 1998 and used the
profits to buy drugs, also recalled writing Mrs. Schlehuber a check
for $3,000 and putting "research and development" on the check's memo
line. However, the money, he testified, was for drugs.

Smith, Brassard said, appears to be the prosecution's "key witness,"
so as for whether what he says can be believed, "I do think that's a
jury issue."

Winifred Schlehuber's attorney, Daniel Fitzgerald, argued it couldn't
be proved that the couple conspired to be drug lords when "They don't
even sleep in the same room."

Andrew Schlehuber, also 69, faces multiple drug charges, including
trafficking in cocaine. The trial is in its second week. The couple
allegedly kept drugs in a dresser drawer, a cereal box and a diaper bag.