First of Costellos sentenced in overdose death

Edward Costello, 55, who was charged with dispensing methadone that led to the death of 20-year-old Raymond DeLucca of Lakeport last October, was sentenced to between 15 and 47 years in New Hampshire State Prison in Belknap County Superior Court yesterday.

Justice Robert Morrill pronounced sentence following a plea agreement between Belknap County Attorney Jim Carroll and public defenders Howard Clayman and Ann Weakley, who represented Costello. Costello was sentenced to a term of 15 to 40 years for his part in DeLucca's death and two concurrent terms of 3 1/2 to 7 years to be served consecutively for the selling a narcotic (methadone) that led to the death of another. Two years of the minimum sentence of 15 years would be suspended if, after serving ten years, Costello completes a substance abuse treatment program.

Costello, his wife Diana Costello, 44, and their daughter Lisa Costello, 18, all of 158 School Street, Apartment B, together with Jeremy Copp, 19, were arrested on charges of conspiring to sell and selling a narcotic drug. Costello was subsequently charged under the statute providing that "any person who manufactures, sells, or dispenses methamphetamine, lysergic acid, diethylamide phencyclidine (PCP) or any other controlled drug classified in schedules I or II, or any controlled drug analog thereof . . . is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and may be sentenced to imprisonment for life or for such term as the court may order."

Carroll said yesterday that Diana Costello has entered a plea to conspiring to sell and selling a narcotic and is awaiting sentencing. He said that Lisa Costello has been offered a plea agreement while prosecutors are still negotiating with Copp, who allegedly purchased the methadone from the Costellos and distributed it to DeLucca.

"This is a substantial penalty," Carroll said of Costello's sentence. "We are deadly serious about punishing those who distribute illegal and lethal drugs. I hope this sentence sends a message," he continued, "that such activities will result in the harshest of penalties and that such penalties will highlight the risk of taking drugs or medications without a physician's guidance."

DeLucca died of an overdose on October 23. That same day a detective assigned to the Police Department by the New Hampshire Attorney General's Drug Task Force opened an investigation and deployed an undercover officer, who enlisted a local confidential informant. The informant went to the Costellos' home and purchased two 40-milligram tablets of methadone, a synthetic opioid.

The Costellos were arrested the next day, October 24, and Copp soon thereafter. After the arrests police searched the Costellos' apartment where they found what Captain William Clary described as a large quantity of prescription drugs, most of which were opiates and medications commonly prescribed for depression. He said that police believe the family had been selling methadone and painkillers, which they had been legitimately prescribed, for at least a year.

Carroll praised the work of the officers of both the Laconia Police Department and the Drug Task Force, whose prompt and thorough investigation led to the arrest and conviction of Edward Costello. He also lauded DeLucca's family, especially his mother Gail, for her cooperation in prosecuting the case, which he said reflected her genuine concern for the welfare of her community.

DeLucca's death was the last of eight associated with overdoses of methadone to occur in the city during 2007. Soon after his appointment within a week of the Costellos' arrests, Police Chief Mike Moyer announced the formation of a task force to address the scourge of deaths from methadone. At the same time, the task force opened investigations into the other seven deaths in hopes of making arrests and bringing charges. However, so far no one has been charged in connection with any of the other deaths.

Captain Steve Clarke, speaking in place of Moyer, said that the police were pleased with the sentencing of Costello. He reaffirmed that the department, together with the Belknap County Sheriff's Department, is pursuing investigations into the deaths of others from overdoses of methadone.