The Associated Press
NEW YORK- A detective suspended after testing positive for drugs says his wife served him meatballs spiked with marijuana because she wanted to keep him out of harm's way by forcing him into retirement.
An administrative judge believed him, and recommended this week that Anthony Chiofalo be reinstated.
Police Commissioner Raymond Kelly has yet to decide what to do.
''We can't comment because the matter will still come before the police commissioner for a final determination,'' said spokesman Paul Browne.
Chiofalo, a 22-year-veteran assigned to the Joint Terrorism Task Force, was suspended without pay last year after a random drug test found marijuana in his system. The officer denied ever using drugs and demanded a hearing.
During an investigation, his wife said she had substituted marijuana for oregano in her meatball recipe in hopes of forcing him to leave police work.
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The detective's lawyers also presented evidence that she had passed a lie-detector test, and offered testimony from a toxicologist that the excuse was valid.