New lawsuit faces officer in drug-case probe

A Northeast Philadelphia couple has sued two police narcotics officers - subjects of a police-FBI probe - contending the officers searched their home in 2007, planted evidence, and stole almost $3,000.

Joseph and Tamara Marcolongo filed the civil rights lawsuit Tuesday in federal court in Philadelphia against Officers Jeffrey Cujdik and Robert McDonnell and Lt. Joseph Bologna.

At issue is an Aug. 26, 2007, police search of the house where the Marcolongos then lived. The search resulted in Joseph Marcolongo's arrest for drug possession with intent to deliver and possession of drug paraphernalia.

Marcolongo, 45, is free on bail and set for trial Sept. 29 in Common Pleas Court, although the trial is unlikely to take place. The District Attorney's Office has been asking to postpone court proceedings in which Cujdik or other officers under investigation could be required to testify.

Cujdik, 34, known as one of the city's most productive narcotics officers, has been on desk duty since February, when his former paid confidential informant, Ventura Martinez, publicly alleged that he and Cujdik sometimes made up facts to get a judge to sign a search warrant for a drug suspect.

The allegations led to creation of an FBI-police Internal Affairs task force. Cujdik and McDonnell, 38, a regular partner in drug work, have been put on desk duty by police officials, along with Cujdik's brother Richard, 35, and Thomas Tolstoy, 35.

None of the officers has commented publicly on the allegations.

Jeffrey Cujdik's attorney, George Bochetto, could not be reached for comment. In the past, Bochetto has rejected all allegations against the veteran drug officer.

Bochetto has said that allegations by drug suspects or informants are inherently unreliable and that lawsuits such as Marcolongo's are opportunistic attempts to "pile on" Cujdik because he is under investigation.

About a half-dozen civil lawsuits have been filed since the probe began.

The Marcolongo suit maintains that Bologna, then a sergeant with the drug unit, took part in the search and, without provocation, punched Joseph Marcolongo in the face as police searched the house.

Bologna, who was promoted and is now assigned to the First Police District in Southwest Philadelphia, said yesterday that he could not comment.

The lawsuit contends that police did not have a valid search warrant and planted drugs in the house in the 5000 block of Longshore Avenue. The lawsuit also contends that police stole cash from the Marcolongos: $2,500 in the house, $300 from Joseph Marcolongo's pocket, and "$80 from the Marcolongo children's piggy bank."

Lawyer Lawrence G. Metzger, who filed the suit, declined comment.

According to Cujdik's affidavit filed in court, the search was the result of information provided by a confidential informant identified only as No. 259, who said the Marcolongos sold cocaine, marijuana and pills from their house.

Though the informant told Cujdik he had been inside and had seen Marcolongo with drugs and several handguns, the affidavit says No. 259 was not used to make a controlled drug buy.

Instead, the affidavit says, on Aug. 24, 2007, Cujdik and McDonnell did a "trash pull," in which they removed several bags from two trash cans in front of the Marcolongo house.

The affidavit alleges that police found plastic sandwich bags containing a cocaine residue; a bottle of Lidocaine HCL, which is used to cut cocaine; and several large amber pharmaceutical bottles.