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Leniency sought for Kaczur supplier

Daniel Ekasala has pleaded guilty to selling OxyContin to New England Patriots lineman Nick Kaczur. Daniel Ekasala has pleaded guilty to selling OxyContin to New England Patriots lineman Nick Kaczur.
By John R. Ellement
Globe Staff / December 10, 2008
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A Saugus man who sold prescription painkillers to New England Patriots offensive lineman Nick Kaczur should be sentenced to house arrest and ordered to speak to youth groups about the dangers of being lured into committing crimes by famous people, his attorney stated in court papers.

Daniel Ekasala, 35, is scheduled to be sentenced in US District Court today and could face about six years in prison after admitting he sold Kaczur 300 OxyContin pills while the professional athlete was working as an undercover witness for the US Drug Enforcement Administration.

Kaczur started cooperating after New York State Police stopped him on Interstate 90 on April 27 with 202 pills as he was returning from his home in Canada. Kaczur has pleaded no contest to New York state drug charges and remains with the Patriots.

In court papers, Ekasala's lawyer, Bernard Grossberg, blames Kaczur for Ekasala's drug dealing. "The defendant was not entrapped in a legal sense," the Boston lawyer wrote. "However, he was enticed by the celebrity status of [Kaczur] as a starting member of the local, repeat champion National Football League team."

Kaczur's lawyer, Steven J. Comen, declined comment yesterday. In August, Kaczur said he was embarrassed by his actions. He was required to enter a two-year drug treatment plan administered by the Patriots through the NFL.

A spokeswoman for US Attorney Michael J. Sullivan declined to comment, saying prosecutors will disclose their recommendation in court today.

In court papers, Grossberg said Ekasala was a sports fan as a child growing up in East Boston and has remained athletic into his 30s by playing softball in a competitive adult league.

The lawyer also contrasted the integrity of the two men. Ekasala, Grossberg wrote, quickly admitted he sold Kaczur a total of 300 pills on three different occasions.

Grossberg alleged that Kaczur did not tell his DEA handlers that he tried to buy painkillers from Ekasala after he was arrested but before he started officially cooperating with the DEA.

Kaczur also falsely contended that Ekasala sold him the drugs found on him by New York State troopers, the lawyer said.

Grossberg wrote that DEA reports provided to him by federal and state investigators show that Kaczur eventually admitted getting those pills from a woman whose name he would not disclose.

Ekasala should be placed on home confinement and ordered to speak publicly about his actions, Grossberg wrote, adding that at most, he should be imprisoned for no more than two years.

"The interests of society and sufficient punishment would best be served by the imposition of a sentence which would allow the defendant to publicize the folly of his ways by addressing youth groups in his community," Grossberg wrote.

Ekasala had worked at the State House for five years, married his childhood sweetheart, and is the father of twin girls, Grossberg wrote. Since their births in 2004, he has been focused on his children.

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