Chamber News Feed: Morris County, NJ: (MORRISTOWN, NJ) A former Madison pharmacist who was accused of conspiring with a former Madison councilman to provide oxycodone to people on request is fighting to dismiss wiretaps that were at the center of the investigation. Srinivasa Raju, 42, of Clifton, who formerly worked as a pharmacist at Bottle Hill Pharmacy in Madison, faces charges of conspiracy and distribution of the prescription painkiller. Raju allegedly conspired between May 13 and Dec. 29, 2011 with former councilman Vincent Esposito, a licensed doctor who wrote the prescriptions. Esposito pleaded guilty in the case last December but has not yet been sentenced. Rajus attorney, J. Michael Farrell, said Friday his client is a victim of entrapment and he intends to convince a jury of that. At least 10 wiretaps led to his clients arrest, Farrell said. During a hearing Thursday in Superior Court in Morristown, Farrell pressed his case to dismiss the wiretaps on grounds that while their authorization met federal standards, they didnt meet New Jerseys more stringent privacy standards and the case is being prosecuted by the state Attorney Generals Office. Testifying in court was John Lione, a detective with the Hudson County Sheriffs Office who worked on a task force for the U.S. Drug Enforcement Administration during the investigation that led to the arrests of Raju and Esposito. Lione acknowledged that while federal authorities launched the investigation, they decided not to press charges. Later, both Esposito and Raju were indicted after the state took over the case. Farrell pointed out that the wiretaps were pursued by the federal investigators without obtaining written authorization for a one-way intercept in which only one party is aware the conversation is being recorded. That is allowed under federal law, Farrell said, but state law requires investigators to obtain written authorization from either the Attorney Generals Office or a county prosecutors office to pursue a wiretap. In New Jersey, wiretap authorization must be based upon showing suspicion of criminal conduct, Farrell said. Farrell argued the wiretaps, and the evidence they produced, should be thrown out because they did not meet New Jersey standards. The decision was made to meet federal requirements, which are lower than state ones. Is that fair to say? Farrell asked. Its not, Lione replied. He said there was contact with the Attorney Generals office, but he wasnt sure when that occurred. A recording was played in court of a conversation between an undercover DEA investigator and Raju. The caller said she was on her way to Bottle Hill and I want to make sure youre working there before coming to obtain her oxycodone. Deputy Attorney General Brandy Malfitano argued that the DEA agents met requirements for a federal investigation, so the evidence should be allowed. The only burden they had was to make a telephone call, she said. All they needed was oral authorization. Judge Robert Gilson said he will issue a written decision, but indicated he is unlikely to dismiss the evidence. I understand it was a federal task force, he said. Raju no longer works at Bottle Hill, Farrell said. His pharmacists license has been temporarily suspended pending the outcome of the case and he is working in an information technology job, Farrell said. Your Bernards Township Regional Chamber of Commerce Works for You!
Posted on: Sat, 01 Nov 2014 11:05:45 +0000
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