Judge: 'Flash bang' grenade unnecessary

MOUNT HOLLY — A Superior Court judge has ruled that the use of a "flash bang" grenade during a commando-style police raid on a Burlington Township home was unreasonable.
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A Burlington County prosecutor protested the ruling, saying the decision could have wider implications on the use of the grenades by police in future raids.

"This is a matter of some import and could have some impact on how search warrants are executed throughout the state," said assistant county prosecutor Michael Luciano.

Defense lawyer Kevin Walker said the submachine-gun toting police turned the raided home into a "war zone," calling the grenades dangerous because they can ignite fires and even cause bodily harm.

"The ruling tells the law enforcement community that these devices will be subject to judicial review. They (police) can't descend on a house and blindly toss these devices," said Walker, the deputy public defender in charge of the state's public defender's office in the county.

Superior Court Judge James Morley concluded that state police who led the raid with other law enforcement agencies in 2003 had no justification to throw two of the incendiary devices, which cause a loud noise and a flash of light to startle occupants and to give police time to act.

Morley said there was no indication the homeowner possessed any weapons or would be armed and dangerous when police obtained a search warrant. The owner was not home and police found only a sleeping teenager.

"This was a commando raid-like scenario . . . and my decision was based on the overall way they (police) approached the case -- at 5 a.m. with 29 police officers in commando gear and pointing a weapon at a sleeping 17-year-old," Morley said.

The judge suppressed prosecution use of the drug evidence collected at the scene against the father, Michael R. Fanelle of Pinewald Lane, Burlington Township, and overturned his conviction.

Fanelle had pleaded guilty to possession of methamphetamine with intent to distribute and was sentenced to serve probation, but in 2006 a state appeals court ordered a trial judge to hold a hearing on the use of the grenades. Morley held that hearing over several days this summer.

The drug, found in a bedroom safe that Fanelle opened for police after he arrived home at 6 a.m. the day of the raid, was described by defense lawyer Kevin Walker as a "minuscule" amount of methamphetamine consistent with personal use.

Morley said the police would have found the drug without the use of the devices because the owner opened the safe for them.

Walker said the grenades caused "substantial" damage to the home, burning a blast hole in the rug, a television screen and ruining TV speakers.

He also said a Burlington Township police officer made many misrepresentations about Fanelle in an affidavit to obtain the search warrant even though he knew Fanelle and had never known him to possess weapons or pose a violent threat to police.

Assistant prosecutor Michael Luciano said his office is exploring a possible appeal of Morley's ruling.

"Any time police enter a building with a search warrant, it can be a dangerous situation," he said.

No decision has yet been made by the prosecutor or the judge on possible dismissal of all charges against Fanelle.

Reach Carol Comegno at (609) 267-9486 or ccomegno@courierpostonline.com