Owner: Police raided bodega

When narcotics officers raided his Nicetown bodega, store owner Juan Martinez says they were looking for more than drugs.

They helped themselves to Red Bull, Mountain Dew, crackers, cigarettes, and $24,000 that he said was stolen during the February 2007 raid of his store, Gratz Mini Mart. Martinez and his deli worker were both arrested and charged with possession of drug paraphernalia and criminal conspiracy.

In the store, according to police arrest records, the officers found tiny plastic zippered bags often used to package crack cocaine for individual sale. No drugs were found and Martinez, in a telephone interview this week, said he did nothing illegal.

His is the latest complaint to the media from several bodega owners against some members of a Philadelphia narcotics squad.

The squad is under federal investigation for allegations that one of the officers - Jeffrey Cujdik - fabricated information using a confidential informant to obtain search warrants. There are also allegations that the officers destroyed property and stole from businesses they raided.

"I can assure you if there is a compliant, it will be fully investigated," police spokesman Lt. Frank Vanore said before declining to comment further.

According to the search warrant, the raid on the Gratz Mini Mart was led by Officer Robert McDonnell, with at least eight other narcotics officers, including Cujdik.

Cujdik's name first surfaced publicly in a Philadelphia Daily News story in February detailing allegations of police misconduct. A confidential informant alleged that Cujdik participated in questionable police practices, prompting the federal investigation.

Since then, the investigation has expanded to include allegations against other officers who work with Cujdik. He is the only officer who has been removed from the squad and assigned to desk duty.

All the officers involved in the Juan Martinez case have been advised by the police union not to speak to the media. John McNesby, president of the Fraternal Order of Police, said yesterday that they are all good, aggressive officers being unfairly scrutinized.

Martinez, 24, who now lives near Tampa, Fla., never filed a formal complaint against police.

He and his deli employee both pleaded nolo contendere to possession of drug paraphernalia, meaning they would not fight the charges. They drew six months of probation and have no record of a criminal conviction.

According to police arrest records, narcotics Officers Robert McDonnell and Thomas Tolstoy were working with confidential informant Number 041 on Feb. 19, 2007. The informant entered the store and paid $20 for four tiny plastic bags with a red apple symbol that is commonly used to package crack cocaine.

On Feb. 26, 2007, McDonnell and Cujdik met with the same informant, who made another $20 buy at the bodega, according to police records. On Feb. 27, the narcotics squad executed a warrant obtained by McDonnell. Cujdik was present at the bodega raid, according to the warrant.

The deli worker had $286 on him, including a $20 bill given to him by the confidential informant the previous day, according to the arrest report. Officers said they also found more baggies in the storage area near the deli.

When Martinez arrived, the report said, he was arrested by Officer Gregory Kovacs.

The officers also said they took a calendar bearing three- and four-digit numbers. Police said that often is evidence of an illegal lottery. They also recorded money taken from the cash register and safes, a bullet-proof vest, an electronic money counter, and a digital scale. Cpl. Mark Palma and Sgt. Joseph Bologna signed the property receipts as witnesses.

Police say it's all evidence of drug activity, but Martinez said he did a cash business and kept large amounts of money on hand to pay vendors for the food, drinks, and various other merchandise he sells. "A lot of vendors don't want to take checks from a small business because they've been burned too many times," he said in an interview.

Martinez - who has no previous arrests - said he was shocked when he was called about 2 p.m. on Feb. 27, 2007, and told that the family business he operates with his father was being raided.

Michael Torres, the cashier who was working that day, said the plainclothes officers came in with guns drawn and immediately disabled surveillance cameras before beginning the search. He was handcuffed and held, but not charged, according to Torres, who was interviewed by The Inquirer.

By the time Martinez arrived about 30 minutes later, at least three employees and his mother, who lived in an apartment above the store, were handcuffed and outside.

When Martinez arrived he said the narcotics officers searching the store asked him to show them where any drugs and guns were stashed and to show them all the safes. There were two safes on the first floor for the store, two in the basement, and one for personal items in the apartment.

Martinez said police opened one safe with a key and forced the others open with prybars. They took all the money, about $48,000, he said.

Property receipts that police filed account for $24,788. There's no record of more money. Martinez said he believes police stole it, including older, collectible bills - silver certificates worth more than face value - that his father stored in the back-room safe.

Martinez said the officers also took food, beverages, and cigarettes as they dumped merchandise on the floor during the search and did the same to personal belongings in the apartment. They asked for the keys to his vehicle and searched his Hummer, he said.

The vehicle and apartment, he said, were not included on the warrant. Still, he said the officers took cash from his mother's pocketbook and home and searched her dwelling.

McNesby, the police union president, said it was not credible to believe that someone would claim $24,000 was stolen but never file a formal complaint, and that there would be no allegation until others complained publicly about the same officers.

"I liken it to a group of people standing on a corner who witness a bus accident," McNesby said. "All of a sudden they all say they were on the bus, injured, and are wearing neck braces."

An Inquirer reporter contacted Martinez and his attorney about the raid; they did not contact the newspaper.

Center City Attorney Gerald A. Stein said Martinez hired him two days after the raid. He said Martinez said at the time that he thought $46,000 was taken during the raid.

"What happened to the rest of the money? That's the question," Stein said yesterday. "It's gone."

He said that Martinez could have filed a complaint with police but that such allegations often are not taken seriously because it is the word of a drug suspect against police. Instead, Martinez wanted to resolve the criminal charges. After several delays in court, at least once because the officer failed to appear, Martinez agreed to a plea deal.

Stein said Martinez kept returning from Florida to fight the charges and decided it was easier to accept six months of probation without a conviction than go to trial. The deli worker did the same the last time Martinez came up from Florida and it appeared the case was going to be postponed again.

"They offered him a deal that would not include a conviction. I told him if he wanted to get rid of this thing today, it will be done," Stein said, adding later, "I don't believe that Martinez did anything illegal."

But Martinez said he gave up trying to prove his innocence because "you can't fight them." Nevertheless, he wants his money back.

Stein has filed a motion to get Martinez's $24,778 returned.