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Trying to assess cop-gone-bad damage

Two weeks after Philadelphia police confirmed the probe of a narcotics officer for allegedly using information from his informant to falsely justify searches and arrests, the potential impact of that conduct is becoming clear.

Two weeks after Philadelphia police confirmed the probe of a narcotics officer for allegedly using information from his informant to falsely justify searches and arrests, the potential impact of that conduct is becoming clear.

One gauge of the size of the "iceberg" officials say was created by Officer Jeffrey Cujdik comes from Cujdik himself.

In a sworn affidavit filed in September to justify the search of a suspected drug house in Crescentville, Cujdik vouched for the effectiveness of Confidential Informant No. 103 - Ventura Martinez - by citing his role in the arrests of 184 people on drug charges.

In case there was doubt in the mind of the judge considering the warrant, Cujdik laid out the volume of drugs, weapons and cash seized as a result of Martinez's help: 2,172 grams of cocaine, 25 grams of heroin, 402 grams of crack cocaine; $135,684 in cash; and 120 weapons ranging from small-caliber handguns to high-powered rifles.

Now, federal and state prosecutors and defense lawyers are looking anew at Cujdik's record, trying to determine which arrests were solid and which were improper.

Although Cujdik has not been available for comment, his attorney, George Bochetto, has said that the allegations are groundless and that Martinez, 47, a former drug dealer, has no credibility.

On Thursday, the first Cujdik-related prosecution crumbled in federal court in Philadelphia when suspected drug dealer Thomas Cooper - imprisoned without bail since his arrest on Aug. 30, 2007 - was released after both federal prosecutor and the federal defender said they doubted the validity of Cujdik's sworn search warrant.

The case against Cooper, 31, is the first of what defense lawyers predict could be scores of cases dismissed because of questions about the propriety of some of Cujdik's work with Martinez.

Even before the dismissal of charges against Cooper, lawyer Bradley S. Bridge of the Defender Association's Philadelphia court system unit said he was looking at a dozen Cujdik cases he called "clearly problematic."

Yesterday, Bridge confirmed that he had begun reviewing cases involving "Cujdik and any of his partners."

"This is burgeoning," Bridge said.

Yesterday, Patricia Hartman, spokeswoman for U.S. Attorney Laurie Magid, said the federal prosecutor's office is "actively reviewing our matters [involving Cujdik] to determine whether appropriate action needs to be taken."

Hartman said she did not know how many federal cases might involve Cujdik, 34, a 12-year veteran known as an energetic, productive narcotics officer.

On Feb. 13, Mayor Nutter, Police Commissioner Charles H. Ramsey, and Janice Fedarcyk, head of the FBI's Philadelphia office, announced formation of a federal-city task force to investigate the allegations against Cujdik and Martinez.

Officials confirmed that Cujdik was under an internal police investigation since early December. Cujdik was transferred to desk duty at the end of January and ordered to surrender his badge and service weapon.

Stuart Patchen, a lawyer with the federal public defender's office who with fellow defender Nina C. Spizer represented Cooper, said his office was also reviewing its cases to see if others were based on search or arrest warrants by Cujdik and Martinez.

So, too, is the federal Drug Enforcement Administration in Philadelphia, which regularly works with Philadelphia police officers and detectives detailed to its regional drug task force.

Cooper would have faced a mandatory life prison term had he been convicted at trial, which had been set for March 23. His case was transferred to the federal system because of the large amount of drugs found inside the house during the search.

But the legality of the search that led to Cooper's arrest was questioned after defense attorneys began examining Cujdik's sworn statement justifying the search.

The affidavit outlines a controlled drug buy from a dealer known as "Pooh Bear," who is described as "6-feet-two, thin build."

Cooper weighs about 350 pounds.

Cooper was released from the Federal Detention Center in Center City Thursday after U.S. District Judge Cynthia M. Rufe threw out the charges against him.

"It was really unexpected," Mary Cooper, 49, said yesterday, describing her son's release.

"I got a call from the lawyer and the Daily News," said Cooper, a slender woman wearing a white sweatshirt emblazoned with "Jesus Never Fails."

Her son arrived home by himself on the bus, she said.

In an interview at her three-story brick rowhouse in the 2000 block of North Franklin Street, Cooper said she had never heard of Cujdik or Martinez before her son's arrest.

Public defender Patchen yesterday praised the U.S. Attorney's Office for quickly investigating and taking action with his office in the Cooper case.

"Cases like this one demonstrate the need to scrutinize these warrants when a confidential informant is involved," Patchen said.

The allegations against Cujdik became public Feb. 9 when the Daily News reported on the police internal investigation and published an interview with Martinez.

The police probe began last year after a defense lawyer discovered that Cujdik and Martinez had falsified information in a warrant.

The defense lawyer also learned that Cujdik was renting a house in Kensington to Martinez, on its face a violation of the department's arm's-length policy for officers and confidential informants.