'BONGS' AWAY PEMBROKE POLICE KEEP STORE'S PIPES DESPITE RULING

One woman's smoke shop is a Pembroke police officer's head shop.

That pretty much sums up an ongoing legal battle over alleged drug
paraphernalia that's still smoldering despite a court ruling that
the whole case should have gone up in smoke.

Karen Brennan Fontana, owner of Brennan's Smoke Shop in Pembroke, is
fighting for the return of $20,000 worth of smoking pipes, grinders,
water pipes and pipes made of acrylic seized in a November police raid.

"They took it out before Christmas and that was $20,000 retail,"
said Fontana, who was accused of selling bongs by Pembroke police.
"We are a smoke shop, not a head shop."

A clerk magistrate at the Plymouth District Court agrees. In a
decision handed down Monday, Assistant Clerk Magistrate Lucy Canavan
ruled police did not have enough evidence to charge Fontana with the
illegal possession of drug paraphernalia with intent to sell.

"I have no idea which of the items seized the commonwealth even
considers ' bongs,' " Canavan wrote in her decision, which was
provided to the Herald by Fontana. "I have simply the bald
assertions by the police officers that 'bongs' and other 'drug
paraphernalia' were seized and that 'we know the kids are using them
for drugs.' "

The Pembroke police refuse to return the seized merchandise until
they hear what a judge has to say in an appeal bid.

Said Detective Ted Kane: "We feel that we have legitimate property
here that is drug paraphernalia."