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The informer, the cop & the conspiracy

phr

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The informer, the cop & the conspiracy
BARBARA LAKER & WENDY RUDERMAN
Daily News
2.9.09



VENTURA MARTINEZ FEELS like he has a target on his back. On the city's toughest streets, where vengeance rules, drug dealers warn him that he's a dead man.

At home, Martinez peeks out windows and listens for sounds of a hit man, lurking in darkness, ready to pull the trigger. When outside, he darts his head from shoulder to shoulder, wondering if this is the day he'll get whacked.

"Going to work in the morning is hell," Martinez sobbed. "Coming home from work is hell. I'm thinking that somebody is gonna...pop me from behind."


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For seven years, Martinez has worked as one of the city's most productive police informants, bringing down more than 200 drug and gun dealers.

But Martinez now says that some of the police jobs were tainted, rooted in lies and motivated by power, greed and money. He says he admitted fabricating evidence to the FBI, the police Internal Affairs Bureau and the Police Advisory Commission. Martinez's admission could reopen and potentially overturn hundreds of cases, legal experts say.

Martinez, 47, claims that he and Officer Jeffrey Cujdik, a narcotics cop, lied about evidence in at least two dozen cases to gain illegal entry into homes and make arrests, for which Martinez got paid. Martinez says he did it for money, to bring down drug dealers, and because he and Cujdik were tight.

The Police Department pays confidential informants like Martinez for making drug buys or providing information that leads to drug and gun arrests. Martinez alleges that he paid at least $20,000 in informant cash to Cujdik for rent. Between Sept. 1, 2005, and Jan. 30 of this year, Cujdik rented a three-bedroom Kensington house to Martinez, his common-law wife and their two young children, according to court testimony and a lease agreement.

Cujdik, 34, leased his house to Martinez despite a police regulation that says relationships between an officer and an informant must remain professional and objective, and that no personal relationship should jeopardize the integrity of the department.The FBI and police Internal Affairs launched an investigation into Martinez's allegations. Chief Inspector Anthony DiLacqua, who confirmed the Internal Affairs probe, said Cujdik was placed on desk duty and his police-issued gun taken late last month. FBI officials declined comment.

In response to a list of questions from the Daily News, Cujdik's attorney, George Bochetto, wrote that the allegations against his client are based upon "a self-serving series of fictionalizations by professional liars, felons, and drug addicts." He added: "When the hard facts are put on the table, your story falls apart and your questions become empty vessels of naivete."

Court records show that Cujdik used Martinez to help arrest nearly 200 alleged drug dealers and take 127 guns off the street since 2003.

But the close tie between Martinez and Cujdik was severed in October after a drug dealer discovered Martinez's identity and learned that he lived in Cujdik's house.

Cujdik moved to evict Martinez and his family, leaving him nowhere to go and no money to relocate. As drug dealers called him a rat, leaving cheese at his front door, he turned to the Daily News, the FBI and Internal Affairs, in hopes of finding protection.


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Ventura Martinez knows the drug world because he lived it. He started selling cocaine at 17 in West Kensington. "In a day I would make, like, $500 in, like, two hours," he said.

He got busted for selling cocaine in 1994. Because he cooperated with the cops, he cut a deal — five years' probation and six years' house arrest.

Martinez, son of a cop and brother of a crack addict, said that he stayed clean for several years, working at an auto-detail shop. But, in February 2003, he lost his job and had no money to buy a birthday present for his 16-year-old daughter.

"I was, like, 'I'm tired of this. I'm going to go out and do what I got to do.'"

He started selling marijuana, pocketing about $800 a week. He worked about three months as a street-corner dealer when Cujdik and another narcotics officer drove up to A and Ontario streets.

"When he got out of the car, I already knew he was a cop," Martinez said. "I was like, 'Oh, snap.'"

The cops told him he was done. Then they made him an offer, Martinez said. He could get 25 years to life because he got caught selling while on probation.

Or he could work with the cops.

He began his life as a confidential informant — CI #103 began.

He worked with Cujdik several times a week. "We built a relationship. We were tight," said Martinez, whose children called Cujdik "Uncle Jeff."

Cujdik, a 12-year veteran of the force, comes from a law-enforcement family.

His father is a retired Philly cop; his brother is a narcotics cop who is married to an assistant district attorney.

Cujdik is one of the most active officers on the force: He nearly doubled his $55,389 salary in 2007, earning $49,026 in overtime, city payroll records show. Most police officers earn overtime from time spent in court testifying.

"He's an outstanding police officer and I know him to be honorable and very diligent," said Cujdik's former supervisor, Lt. Joseph Bologna, who declined to comment about Martinez's allegations, saying, "I don't know anything about that, ma'am."

"He's an excellent police officer, a straight shooter, a hard worker, an all-around good guy," said Richard Eberhart, a former police officer who worked with Cujdik about four years before he left the department in 2006. Together, Eberhart and Cujdik own J&R Dunk Tank Rentals LLC, in Bensalem.

Eberhart, 39, said that he knew Martinez and considered him to be a reliable informant who provided accurate information. "He was Jeff's CI. ...Jeff never complained about him."

Martinez said that he often gave Cujdik details about drug dealers, ticking off names, addresses and the drugs they sold. Other times, Cujdik took Martinez to unfamiliar homes in which police suspected drug dealing. There, Cujdik instructed Martinez to make a drug buy. And when he did, Cujdik was able to get a search warrant for the house.

Martinez said that he quickly earned Cujdik's trust and respect. "I did things that [cops] couldn't do," he said. "For you to go into a home and buy straight from a drug dealer and have guns stuck in your face, thinking that you're a cop ...it was dangerous.

"The adrenaline of actually being there and doing it," he said, "and then walking out, thinking, 'Man, I did this buy, I got these guys. They were supposed to be untouchable.'"

The Police Department, through Cujdik, paid Martinez cash for the jobs, generally $100 for each gun, $150 or $200 for a big drug seizure, $200 for a job involving both guns and drugs, Martinez said.

But starting in 2005, the line between right and wrong got blurry, Martinez alleged.

If Martinez couldn't score drugs out of a house because a drug dealer was leery of him, Cujdik sometimes told him to buy elsewhere, Martinez alleged. Then in the application for a search warrant, Cujdik would say that the drugs came from the house.

Legal experts say that the scenario, if true, would call into question dozens of drug cases.

"This could reverse convictions and expunge criminal records," said Dr. Lawrence Sherman, director of the Jerry Lee Center of Criminology at the University of Pennsylvania.

If evidence to gain access to a house is based on a lie, "the fruit of the tree is poisoned," Sherman said. "You can't lie to get in a home. Not in America. Even if they were guilty and drugs were found in the house, we have to play by the rules."

Martinez estimated that he and Cujdik fabricated drug buys in at least 24 cases. Martinez provided examples:

_In March 2005, Martinez knocked on the door of Caesar Marquez's home, on Howard Street near Cambria, in West Kensington, asking for "6 dope," the street term for heroin.

Marquez refused to sell, claiming that he didn't know what Martinez was talking about. So, according to Martinez, Cujdik asked him where he could buy heroin nearby.

Martinez knew about a house a block away, on Mutter Street between Cambria and Somerset, and bought heroin there. The police report in the case says that CI #103 (Martinez) bought six packets of heroin from Marquez on Howard Street and "walked directly" back to Cujdik's car.

The court granted a search warrant and cops seized three bundles of heroin and six clear plastic baggies of cocaine. Marquez, 23, is serving a two- to four-year sentence.


In October 2006, Martinez told Cujdik that he couldn't make a drug buy from a home on Lycoming Street near 7th, in Hunting Park, because he knew the homeowners.

Cujdik instructed Martinez to buy a $20 bag from a local bar that had been raided in the past for drug sales, Martinez alleged.

In the application for the search warrant, however, Cujdik wrote that police watched Martinez buy the $20 bag from the home of Hector Soto.

Cujdik led a raid in which police found 16 grams of cocaine in Soto's bedroom. Soto, 61, pleaded guilty to selling cocaine and is serving one to eight years in state prison.

"He knew something funny was going on," said Soto's wife, Lucy, in a recent interview.

Her husband suspected that he had been set up, but didn't know what happened, she said.


In October 2008, Cujdik asked Martinez to make a buy from the house of an alleged heroin dealer, Nelson Carrasquillo.

Martinez told Cujdik that he knew Carrasquillo and didn't want to make a buy. Carrasquillo lived with his sister on Arbor Street, off Allegheny Avenue, in Kensington. Martinez knew him as "Po-Po," and claimed that he stored heroin in the basement.

So Martinez purchased a $130 bundle of heroin at E and Ontario, instead of from Carrasquillo.

The application for a search warrant filed by Cujdik says that on Oct. 28, 2008, police watched Martinez go inside Carrasquillo's house and leave with roughly .36 grams of heroin.

The next day, Cujdik raided Carrasquillo's house and found several bundles of heroin, the search warrant says.

Carrasquillo, 22, is in jail awaiting a court hearing on drug charges. His attorney, Guy Sciolla, declined to comment.

Carrasquillo's sister, who asked that her name not be used, said that her brother told her that the cops made things up. "I believe him," she said recently.

Martinez said that he regrets turning on his friends.

"I feel like I betrayed a lot of people," he said. "There's actually people sitting in jail because of me."

Martinez said that he knew it was wrong, but claimed that Cujdik rationalized it. "He said it doesn't matter how we do it,...as long as we find something in there," Martinez said.

Besides, Martinez reasoned, the informant money enabled him to pay Cujdik rent.

Martinez moved into Cujdik's rental house in September 2005, according to a lease agreement that listed the rent amount as $300 a month.

Bochetto, Cujdik's attorney, said that the lease lists one tenant: Sonia Naome Durecout. Martinez has lived with Durecout since 2003. They share two children, and he refers to her as his "common-law wife."

"Everything was under my name, but I personally never dealt with [Cujdik]," Durecout said.

And Cujdik signed a document, submitted by Durecout to the state Department of Public Welfare, listing Martinez as a "household member" and Durecout's "husband." The document, obtained by the Daily News, is dated Oct. 22, 2008.

Eberhart, the former police officer, said he knew that Cujdik rented a home to Martinez. Eberhart said he had been in the house "half a dozen" times.

"That was his business," Eberhart said. "It was up to him. Would I have done that? Probably not, but who am I to judge?"

"I thought he [Cujdik] was helping him out," he said. "It didn't seem inappropriate at the time, but looking back, maybe it was."

Cujdik initially told Martinez that the rent was $300 a month, but immediately upped it to $700, Martinez said.

Martinez told him he couldn't afford it.

"He said, 'Listen, don't worry about it. You're going to work with us. You're gonna pay me through that,'" Martinez said.

And if informant payments weren't enough to cover the rent, Cujdik had another idea to make up the difference, Martinez said.

Cujdik told Martinez that he would feed him tips to call the Police Department's Gun Recovery and Reward Information Program, known as GRRIP, which provides cash for anonymous tips that lead to the recovery of illegal guns, Martinez claimed.

If a tip proves legit, a member of the Citizens Crime Commission of the Delaware Valley, an organization that administers GRRIP, arranges to meet the tipster on a street corner with a cash-filled envelope.

In July 2006, Martinez told Cujdik about two brothers who allegedly stored drugs and guns in their Frankford homes. Cujdik obtained search warrants for both homes and police seized 60 rifles and handguns.

Martinez said that he expected the Police Department to pay him $6,000, or $100 for each gun. But Cujdik initially gave him only $2,500. Later, Cujdik took back $2,000 for "rent money," Martinez alleged.

Durecout, who was seated on the couch at the time, said that she was surprised as she watched Cujdik count out the money and return $500 to her husband.

"He said he was keeping the rest for rent," Durecout said. "We thought it was gonna be for upcoming months' rent, but it wasn't."

Cujdik returned the following month, looking for his $700, Durecout said.

Martinez had hoped to get additional money from the Crime Commission for the 60 guns. But when he met up with the GRRIP representative, only $500 was in the envelope. He called Cujdik to complain.

Martinez said that two cops pulled up in a car while he was talking to Cujdik on his cell phone.

"I said, 'Jeff, these two officers just pulled up.' He said, 'Shut the phone off. Shut the phone off,'" Martinez said.

The cops took him to Internal Affairs, where three officers, including then-bureau Chief Inspector William Colarulo, grilled him about his relationship to Cujdik, Martinez said.

"They asked me, 'Out of all the GRRIPs you call up, does Jeff get a cut out of this?'" Martinez said. "I was like, 'No. No. No.' I denied everything."

According to Martinez, Colarulo told him that he couldn't "double dip," or get money for gun seizures through the Police Department and through GRRIP.

"Anything that happened when I was in Internal Affairs is confidential," Colarulo said recently. "I can't comment one way or another."

Martinez said that he returned the $500 in GRRIP money.


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Four months later, in November 2006, Martinez and Cujdik made a case against a drug dealer that eventually would sever their close bond.

An informant twice purchased marijuana from Raul Nieves, 30, according to the police report.

Based on these buys, police obtained a search warrant and raided two homes and an SUV in North Philly associated with Nieves and his father, and recovered marijuana and packets of cocaine, crack cocaine and drug paraphernalia.

Nieves hired Center City attorney Stephen Patrizio and told him that there was no second drug buy.

Through Patrizio, Nieves hired a private investigator to review all search warrants involving Cujdik and "CI #103."

The search warrants "were so similar it just smelled," Patrizio said. "They were more like canned search warrants."

Patrizio was denied a request to know CI #103's identity.

So the private investigator found him — leaving a home owned by Cujdik. The investigator snapped photos of him walking down the front steps.

"We realized then there was way too much going on here," Patrizio said.

At an October 2008 hearing in which Patrizio asked to subpoena CI #103, Patrizio said, he put Cujdik on the stand and asked him about the informant.

Patrizio showed him the photo that the investigator had taken.

"You recognize the house that the informant is coming out of, correct?" Patrizio asked, according to the court transcript.

The prosecutor objected.

Patrizio asked him to identify the house.

"I own that house," Cujdik testified.

Patrizio asked again for Cujdik to confirm that the man was CI #103.

Again, the prosecutor objected.

But Patrizio was permitted to subpoena Martinez.

The investigator served Martinez with the subpoena at an auto-detailing shop where he worked. His stomach lurched when he saw that the document listed his name and address.

Rattled and frightened, Martinez called Cujdik, telling him that the subpoena listed his home address. "He said, 'Don't talk on the phone. Don't talk on the phone,'" Martinez said.

The next day, Martinez lost his job. The owners of the auto-detailing shop knew Nieves and didn't want a "snitch" working for them, according to Martinez. A few days later, Martinez came home after job-hunting to see a for-sale sign outside the house.

He called Cujdik, who told him he had to move out. He was selling the house.

"'You gotta leave out of the house because I don't want Internal Affairs to find out that you're living there,'" Martinez said that Cujdik told him. "'If they find out that you are living there, the conflict of interest alone is gonna kill me.'"

Nieves pleaded guilty to possession with the intent to deliver a controlled substance. All other charges were dropped. His recommended sentence is 11 to 23 months, with credit for time served, and two years probation.


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With their relationship exposed, Cujdik moved to cut ties with Martinez.

On Dec. 4, Cujdik deactivated Martinez as a confidential informant, said Inspector Bob Snyder of the Narcotics Field Unit.

Five days later, he filed papers to evict Martinez and his family from the house he rented to them.

They met in Courtroom B of Landlord-Tenant Court on Jan. 6. Timothy Thompson, a detective with Internal Affairs, sat in the back of the courtroom. When asked later by a reporter why he was there, he declined to comment.

Martinez told Judge Bradley K. Moss that he was Cujdik's CI. Turning to Cujdik, Martinez said, in a quivering voice, "You were a good friend to me, man."

Moss said Martinez needed to pay Cujdik $1,612 in total — $1,200 in rent, $350 in attorney fees and $62 for nonpayment.

Outside the courtroom, Cujdik said he was puzzled why a reporter was taking notes. "I'm Jeff Cujdik, the landlord," he said. "I'm not here as a police officer."

He said that he was evicting them because they didn't pay rent. "They haven't paid rent in months...I'm just going through the eviction process."

Last month, Cujdik apparently had a change of heart. Martinez said Cujdik called him and said, "'Look, find a place and I'll pay for it.'" Later Cujdik went to the house he rents to Martinez and handed Durecout $1,000 in cash and a letter for her to sign.

"I'm giving you $1,000 cash to vacate the property....By accepting this $1,000 you agree to vacate...by no later than January 31," Cujdik wrote in a Jan. 23 letter he signed.

Bochetto said his client was advised by a "landlord-tenant specialist" to pay Durecout to leave "rather than incur the lengthy delay and considerable expense involved in a forcible eviction."

Martinez, Bochetto wrote, has "an obvious ax to grind...because he lost his position as an informant."

Martinez moved his family to a one-bedroom apartment on Jan. 30. "I can't take this anymore. I'm really scared," Martinez said. "I just want this to be over." *

Link!
 
After Daily News investigation, lawyers, cops, D.A. take hard look at drug arrests
BARBARA LAKER & WENDY RUDERMAN
Daily News
2.10.09



Philadelphia's public defenders yesterday began to scrutinize scores of drug cases in response to a Daily News investigation into allegations that a veteran narcotics cop and his informant fabricated evidence so that police could obtain warrants to enter homes and make arrests.

Dozens of criminal cases are at stake. Those pending could be dismissed, while closed cases could be overturned, legal experts say.

"It seems that dozens of people are improperly sitting in jail, based on fraudulent police testimony and false search warrants," said Bradley S. Bridge, an attorney with the Defender Association of Philadelphia. "Those cases need to be reopened immediately."

The Daily News story, published yesterday, detailed the relationship between Officer Jeffrey Cujdik and his informant of seven years, Ventura Martinez.

Martinez alleged that in at least 24 cases Cujdik instructed him to buy drugs elsewhere after he was unable to buy from the targeted house. Then Cujdik allegedly lied in the subsequent search-warrant application, saying that the drugs had come from the house.

The story prompted other reactions, including:

* The District Attorney's Office launched an investigation into Martinez's claims, according to spokeswoman Cathie Abookire, who declined to discuss the investigation.

* Police Commissioner Charles Ramsey said that the department will examine every case involving Martinez and interview him at length. The allegations are being investigated "very aggressively," Ramsey said.

* Police Inspector Bob Snyder, who heads the narcotics field unit, said that he feared that the allegations, if true, could free dozens of drug dealers.

"Unfortunately this casts a black cloud over the entire unit," Snyder said. "It erodes public trust, and that's something we try to build."

* Civil-rights attorneys and police watchdogs called on Ramsey to re-examine police training, supervision, discipline and the use of informants to ensure that departmental regulations prevent corruption.

"There's an enormous potential of corruption in narcotics investigations," said David Rudovsky, a prominent civil-rights lawyer in Philadelphia. "You need a department that vigorously examines the relationships between informants and officers."'

The Police Department pays confidential informants to make drug buys or to provide information that leads to gun and drug arrests.

Martinez alleges that he paid Cujdik at least $20,000 in rent, money that he earned from being an informant. Cujdik leased a three-bedroom house in Kensington to Martinez and his family between September 2005 and Jan. 30 of this year, in violation of a police rule requiring officers to keep an arms-length relationship with informants.

Last month, the FBI and police Internal Affairs began to investigate Martinez's allegations. Cujdik was placed on desk duty and his police-issued gun was taken from him.

Cujdik's attorney, George Bochetto, has said that the allegations are fiction - based on the word of "professional liars, felons, and drug addicts."

Bridge, of the Defenders Association, said that he hopes to work with the FBI, the Police Department and District Attorney's Office "to try to get to the bottom of this outrageous police behavior."

"So far, we've examined dozens of cases which raise serious questions about what Officer Jeffrey Cujdik did," Bridge said. "Obviously, more investigation will be needed. . . . It is in all of our interests to get to the bottom of this abuse."

Martinez's allegations are reminiscent of those lodged in the so-called "39th District scandal," in which six cops landed in prison for illegally searching and arresting dozens of suspected drug dealers in the late 1980s and early '90s.

That scandal led to a 2002 report that examined police enforcement of drug laws and made recommendations for preventing systemic abuse.

The report, written by Ellen Green-Ceisler, then director of the Police Integrity and Accountability Office, concluded that narcotics officers and supervisors should be regularly rotated. Green-Ceisler, now a judge, found that police departments across the country require such rotations to keep officers honest. Her recommendation, however, was never adopted.

Ramsey said that he likes the idea, but that the police contract doesn't allow him to systematically rotate narcotics officers.

Defense attorney Troy Wilson said that Martinez's claims, if proved in criminal court, could spark a more far-reaching probe.

"The argument could be made that if Cujdik and Martinez conspired to lie, then there is nothing to say that Cujdik and some other [confidential informant] didn't conspire to do the same thing," said Wilson, former chair of the criminal-justice section of the Philadelphia Bar Association.

"It could open up a whole nasty can of worms," Wilson said.

Link!
 
Wow that was a fascinating article it'll be interesting to see where this goes. Is anyone really surprised though? Cops have been overstepping their bounds as long as there has been laws to enforce.
 
Guns, drugs, 'justice' ... and a writer's apology
Jill Porter
Daily News
2.11.09



WHEN LUIGI and Antonio Lanzara were arrested in 2006 and released the next day on low bail, Police Commissioner Sylvester Johnson was irate.

Police had confiscated 60 firearms, cash and drugs from the Frankford brothers, provoking Johnson to rail against the justice system's revolving door.

"When we talk about gun violence, and we lock up someone with 60 guns on bail and then they're out again walking the street the next day, what kind of message does that send?" Johnson fumed at a news conference.

The clear impression was that two dangerous, gun-wielding drug dealers were frivolously freed to continue preying upon society in the aftermath of one of the city's biggest gun busts.

I, too, cited the case in a column as a failure of the justice system to protect society from rampant gun and drug violence.

As it turns out, the case was an overblown farce - and a tainted one, at that.

The arrest of the Lanzara brothers was a high-profile collaboration between a Philadelphia narcotics officer and a confidential informant who claims that they fabricated evidence in other drug cases.

Nothing was falsified in this case.

But the facts hardly fit the hype. And greed may have been the primary motivation for the bust.






According to an investigation by

Daily News reporters

Wendy Ruderman

and Barbara Laker, the July 16, 2006, police raid on two homes occupied by the Lanzara brothers was prompted by a tip from confidential informant Ventura Martinez about dozens of guns and drugs in the homes.

Martinez told narcotics officer Jeffrey Cujdik about the guns and Antonio Lanzara's boasts that the brothers were drug dealers.

Martinez said that he anticipated being paid $6,000 for the bust, based on a Police Department program that pays $100 per gun for the recovery of illegal weapons.

But Cujdik, who allegedly arranged for the informant's compensation, paid him only $500 and kept $2,000 for "rent money" on a house Martinez was renting from him, Martinez said.

And the Lanzara case fell apart under closer scrutiny.

All but one of the guns were legally owned by the Lanzaras' elderly father, a longtime collector who belongs to a gun club. The other was legally owned by Luigi Lanzara's wife.

None of the weapons was known to have been used in a crime. Most of them have been returned to the father.

All charges were dropped against Antonio, who has no criminal record.

Luigi got three years' probation after pleading guilty to a marijuana charge; police found about a third of a pound in his house.

The informant's scandalous allegations of police wrongdoing in other cases are under investigation by federal and local law-enforcement authorities.

And the Lanzara brothers still carry the taint of notoriety.






"They said I'm a big-time pot dealer and gun dealer," Luigi told the Daily News' Ruderman.

"They had no buyers. They only had this confidential informant's word . . . what he said was all lies.

"I never bought a gun in my life. I never sold a gun to anybody."

As for the marijuana, Luigi, 40, said that he and a handful of friends would buy a quarter- pound to half-a-pound at a time to share.

"I'm thinking, 'Oh, my God, they think I'm friggin' "Scarface" or something, and all I'm doing is smoking some weed with my friends!'

"It really baffled me. I couldn't believe all this was happening."

Luigi, a welder who makes iron fences, declined to talk with me.

He told Ruderman that he pleaded guilty to a charge of possession with intent to deliver because "my wife was ill. Three years probation. I had to take it."

Luigi's wife died of cancer in October. He said that he stopped smoking marijuana when she died, because he now has sole responsibility for their three children, ages 15, 6 and 4.

Luigi has two drug convictions - in 1996 and 1998, according to court records - and may be understating his involvement in drugs at the time of the raid.

But I suppose he's entitled, after the way police - and the media, based on official information - portrayed him and his brother as public enemies and social parasites.

I, for one, apologize. *

Link!
 
Link


Kinda puts the seriousness in perspective. He was facing a mandatory life sentence, due to the lies of the cop and his informant. He was recently freed.
 
"Going to work in the morning is hell," Martinez sobbed. "Coming home from work is hell. I'm thinking that somebody is gonna...pop me from behind."
what ah little bitch man, "karma". He full out knew better in the first place.


dude should know to keep mouth shut if he cant roll with the heat squealing brought him. Martinez ah straight Punk
 
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Drug raids gone bad
WENDY RUDERMAN & BARBARA LAKER
Daily News
3.20.09





ON A SWELTERING July afternoon in 2007, Officer Jeffrey Cujdik and his narcotics squad members raided an Olney tobacco shop.

Then, with guns drawn, they did something bizarre: They smashed two surveillance cameras with a metal rod, said store owners David and Eunice Nam.

The five plainclothes officers yanked camera wires from the ceiling. They forced the slight, frail Korean couple to the vinyl floor and cuffed them with plastic wrist ties.

"I so scared," said Eunice Nam, 56. "We were on floor. Handcuffs on me. I so, so scared, I wet my pants."

The officers rifled through drawers, dumped cigarette cartons on the floor and took cash from the registers. Then they hauled the Nams to jail.

The Nams were arrested for selling tiny ziplock bags that police consider drug paraphernalia, but which the couple described as tobacco pouches.

When they later unlocked their store, the Nams allege, they discovered that a case of lighter fluid and handfuls of Zippo lighters were missing. The police said they seized $2,573 in the raid. The Nams say they actually had between $3,800 and $4,000 in the store.

The Nams' story is strikingly similar to those told by other mom-and-pop store owners, from Dominicans in Hunting Park to Jordanians in South Philadelphia.

The Daily News interviewed seven store owners and an attorney representing another. Independently, they told similar stories: Cujdik and fellow officers destroyed or cut the wires to surveillance cameras. Some store owners said they watched as officers took food and slurped energy drinks. Other store owners said cigarette cartons, batteries, cell phones and candy bars were missing after raids.

The officers also confiscated cash from the stores - a routine practice in Narcotics Field Unit raids - but didn't record the full amount on police property receipts, the shop owners allege.

In one case, the officers failed to document about $8,200, and in another, about $7,000, the store owners said.

In all eight cases, Cujdik applied for the search warrant and played a key role in the bust. The store owners were charged with possessing and delivering drug paraphernalia, specifically the tiny bags. In the cases that have been settled, judges sentenced the store owners to probation or less.

As for those broken surveillance cameras, officers have "no reason to cut camera wires or destroy cameras," said a high-ranking Philadelphia police official, who requested anonymity. "None whatsoever."

"It would look like they're trying to hide something," the official said. "It would look like they don't want to be on the surveillance camera themselves."

George Bochetto, an attorney representing Cujdik, said the store owners' allegations are false.

"Now that the Daily News has created a mass hysteria concerning the Philadelphia Narcotics Unit, it comes as no surprise that every defendant ever arrested will now proclaim their innocence and bark about being mistreated," Bochetto wrote in an e-mail to the Daily News.

"Suffice it to say, there is a not a scintilla of truth to such convenient protestations."






"They didn't do the right thing," said Moe Maghtha, who helps run his father's South Philly tobacco shop, which was raided in December 2007. "You're not allowed to sell those bags, OK. Just take them out. You don't have to rob my store and steal cigarettes."

At least three former police informants who worked with Cujdik told the Daily News that he often gave them cartons of cigarettes.

"When he raided a corner store, he'd give me cigarettes," said Tiffany Gorham, a former Cujdik informant.

Cujdik is at the center of an expanding federal and local probe into allegations that he lied on search-warrant applications to gain access to suspected drug homes and that he became too close with his informants. He rented a house to one and allegedly provided bail money to Gorham.

After a Daily News report detailing the allegations, authorities formed a special task force, composed of FBI agents and police Internal Affairs officers, to investigate.

The store owners' allegations of theft and damage to surveillance cameras could implicate, in addition to Cujdik, at least 17 other officers and three police supervisors, all in the Narcotics Field Unit.

"Taking property and not reporting it and not returning it - that's a crime," said Witold "Vic" Walczak, legal director of the state's American Civil Liberties Union.

"It's like this unregulated little band of rogue cops, is what it sounds like," Walczak said.




The store owners typically had thousands of dollars in cash on hand at the time of the raids. The money came from lottery, cigarette and phone-card sales. They also used cash to pay wholesale grocery vendors and store rent or mortgages, they said.

Luciano Estevez, 39, a Dominican who co-owns the J R Mini Market in West Philadelphia, which was raided in August 2008, told the Daily News that he had about $9,000 in the store, but the police property receipt documented about $800, he said.

"They take money and don't write it down. They [are supposed to be] the law," Estevez said. "Taking money like that, I don't think that's right. We pay a lot of taxes."

Estevez, who came to the United States in 1985, is a lot like other store owners who were interviewed by the Daily News - immigrants who live here legally and have no prior criminal records in Philadelphia. They commonly open their shops just after dawn and close long after dark.

"I believed in the American dream. I still do," said Emilio Vargas, who owns the building that houses the Dominguez Grocery Store, on Potter Street in Kensington, which was raided in March 2007.

"I believed that if you work hard, you get ahead. But everything changed after this," said Vargas, 29, who came to the U.S. from the Dominican Republic in 1996.

"I never had a drug in my hands. I never been in trouble. I used to believe in justice in America. I don't know now. It makes me question the justice system."

During the raid, Vargas said, Cujdik and fellow squad members confiscated $700 in phone-card money that he kept in a cigar box, $1,500 in a bag to pay vendors, $200 in the cash register and $1,400 from his pocket to pay the mortgage - totaling $3,800. The police property receipt that the officers filed, however, reports that only $1,456 was seized.

"They opened the fridge doors and took juices - energy drinks," Vargas said. "They emptied it."

A judge dismissed all charges against Vargas after ruling that prosecutors failed to present their case in a timely fashion, according to court records.

Rattled by the ordeal, Vargas said he now works in another grocery store, far from the rundown Kensington neighborhood of the Dominguez Grocery.

"I didn't want to go back," he said. "It was too much for me. I didn't want anything like that to happen again."

The store owners interviewed said they paid hundreds of dollars in bail and legal fees after their arrests. They lost thousands more because their stores were shuttered for periods of days or weeks.

"All my store was messed up," said David Nam, 62. "I found my wallet and my keys thrown on the floor. . . . Cigarette boxes all over floor. I think of this and get a headache."

His son, Steven Nam, said he found chocolate-bar wrappers on the floor.

"While they [the cops] were walking around, they helped themselves to Snickers and drank sodas," he said.

The ACLU's Walczak, who handles police-misconduct and immigration-rights cases, said foreign store owners who struggle with English are "easy targets" of police abuse because they're not likely to file complaints or "raise a fuss."

"[The officers] seem to be preying on what is a particularly vulnerable population," Walczak said. "It's really sad."

Danilo Burgos, president of the city's Dominican Grocery Store Association of more than 300 members, said one member recently alleged that police cut video-camera wires and stole $5,000 while searching his store. The store owner told Burgos that he didn't want to report it.

"Most of these people just want to earn a decent living and go on about their business," Burgos said.

And many Dominicans often are afraid to speak up because they come from a country where police are notoriously corrupt.

"Back home, police get away with everything, including murder," Burgos said.

"They fear something similar could happen to them here."

Moe Maghtha, who moved to the United States from Jordan in 1999, said his father's experience with Cujdik and the other narcotics officers has left him too scared to operate his South Philly tobacco shop.

"If he sees cops now, he freaks out," Maghtha said. "My dad never been in jail. My dad never been in trouble. Now he's like a little kid that got bit by a dog. He won't go out."

Maghtha, 23, said he had to give up his job as a satellite-dish technician to take over his dad's store. Maghtha's father, 53, recently suffered heart problems and did not want to be interviewed or allow his name or the name of his store to appear in this article.

The raid on the Maghtha shop happened on the afternoon of Dec. 7, 2007. Maghtha's father had just finished tallying about $14,000 in cash. Maghtha said he was on his way to the store to relieve his father, who'd planned to deposit the cash at a nearby bank.

Maghtha said he arrived just after Cujdik and six other officers had burst into the shop. The officers told Maghtha to stay outside. He watched through the window as an officer used wire cutters to clip wires to all four security cameras in the shop, Maghtha said.

The officer, who wore a navy blue jacket and a baseball cap, kept his head down as he cut the wires so the camera wouldn't capture his face, Maghtha said.

Police arrested Maghtha's father for selling little bags that he had ordered from a local tobacco wholesaler.

When Maghtha opened the store a few days later, he couldn't see the floor because of the mounds of dumped coffee grinds, candy wrappers and crushed cigarette cartons, he said.

Nearly 40 cartons of Newports were missing, Maghtha said.

The officers left a copy of the property receipt, prepared by Cujdik and signed by Cpl. Mark Palma, which stated that the officers seized $7,888.

Palma did not return a phone message yesterday.

"My dad said, 'There is no way, because I know how much money I had that day. I had counted it all up so I can take it to the bank and pay the wholesaler,' " Maghtha said.

Last August, a judge found Maghtha's father guilty of possessing and selling drug paraphernalia and sentenced him to nine months' probation, court records show.

He appealed the case - and then narcotics officers came back.

On Nov. 6, 2008, 11 months after the first raid, officers returned, alleging that they witnessed three people buying drugs from Maghtha's dad at the shop.

Police found no drugs in the store during the raid, court documents show.

"My dad never seen drugs in his life. He don't know what drugs look like," Maghtha said.

Maghtha and his uncle contend the officers raided the store to retrieve video footage from the first raid.

Maghtha had saved images on a shop computer of an officer, wearing a baseball cap, clipping the wires during the December 2007 raid, he said.

When the cops returned, an officer put a gun to the head of Maghtha's father and demanded the video, said Maghtha's uncle, Abdallah Sarhan.

"The first question that he asked was, 'Where is the videotape?,' " said Sarhan, 33, who was helping out at the store that evening.

The same officer then slapped Maghtha's father across the face, Sarhan said.

"I said, 'You don't have the right to slap him. Why you touch his face?' " Sarhan said. "I never, ever, ever in my life see something like this."

Four days after the raid and the arrest of Maghtha's father, he re-opened the store and discovered the computer that controlled the video surveillance system was gutted, Maghtha said.

"They took everything from the computer - the hard drive, the DVR [video] card, the DVD and CD-ROM player," Maghtha said.

Maghtha's father was charged with drug dealing. The case is pending.




Most store owners interviewed for this report said that when the plainclothes cops barged through their doors, they believed they were being robbed at gunpoint.

Sirilo Ortiz said that on the evening of Nov. 1, 2007, he had emerged from the basement of Lycomings Grocery in Hunting Park to see a gun barrel pointed at his face.

After Cujdik and his squad members burst into the store, they cut the wires to the surveillance camera with wire cutters, he said, then looted the store.

Ortiz, 39, who came to the U.S. from the Dominican Republic in 1996, had owned the store just five days.

One cop took a Black & Mild, a slender cigar, from the shelf and started to smoke, said Ortiz, speaking in Spanish through an interpreter.

The officers took three brown boxes from his kitchen and loaded them with food, he said.

"It was like they was shopping," said Maria Espinal, who was working in the kitchen and saw the cops take boxes stuffed with packaged goods.

The cops put a gun to Espinal's head, too, she said, before identifying themselves as police. "I thought I was going to die," she said.

Ortiz said he had about $500 in his pocket and $700 in the cash register. But the police recorded taking a total of only $918 on property receipts.

Ortiz said he took a plea deal and served six months' probation and 25 hours of community service for selling the tiny plastic bags.

He was so depressed and anxious, he lost 25 pounds and could no longer work in the store, he said.

"I couldn't take it no more," said Ortiz. "Every time someone opened the door, I thought something bad would happen."

He gave the store to his brother and now drives a cab.

"Cops are supposed to take care of people and do the right thing," Ortiz said. "I don't trust them anymore. You're supposed to trust the police, but they're the ones you can't trust.

"They weren't supposed to be the ones."

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Wow. Who knows what else these guys did? Here's hoping that they get some serious time.
 
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