According to a representative from the Middlesex County District Attorney’s Office, police officers saw Luis Hernandez, a known drug dealer in the Framingham and Natick areas engage in a drug deal in the parking lot adjacent to his apartment. It is alleged that Hernandez sold to to Gina Stucchi, Jennifer Mackey and Maria Woods, all of whom were in Stucchi’s car. The police followed Stucchi’s car and apprehended them right before they injected Cocaine in the car alongside Route 9. Woods told the police that she bought the drugs from Hernandez. In the meantime, Hernandez had gotten into a car being driven by Geraldine Martinez. Alisha Conti was also in the car. Conti was dropped off. She was later questioned and admitted to buying Heroin from Hernandez. Police then observed a drug deal between Hernandez and an unknown male. Hernandez was arrested. Martinez was questioned. She admitted that there were drugs in the car and that Hernandez kept drugs in a safe in his apartment. The safe was located and inside police found Heroin, Drug Paraphernalia and Cocaine. The charges against the seven defendants are as follows:
Luis Hernandez:
Possession With Intent to Distribute Heroin
Conspiracy to Violate Drug Laws
Resisting Arrest
Distribution of Heroin
Gina Stucchi:
Conspiracy to Violate the Controlled Substances Laws
Distribution of Cocaine
Maria Woods:
Conspiracy
Possession of Cocaine
Possession With the Intent to Distribute Cocaine
Providing a False Name to a Police Officer
Intimidation of a Witness
Geraldine Martinez:
Conspiracy to Violate the Controlled Substances Laws
Possession With the Intent to Distribute Class “B”
Possession With the Intent to Distribute Class “A”
Alisha Conti:
Possession of Heroin
Jennifer Mackey:
Distribution of Class “B”, Cocaine
Drug Conspiracy
William Roberts:
Resisting Arrest
Conspiracy to Violate the Massachusetts Drug Laws
Possession of Class “A”, Heroin
Read Article:
http://www.metrowestdailynews.com/features/x633529259/Framingham-drug-suspects-arraigned
There are some interesting legal issues that spring from this case, one of which was addressed by Hernandez’ lawyer at the arraignment and bail hearing. The Distribution of Heroin charge can only be proved if Stucchi, Mackey or Woods testify against him. They probably will not in that they too face criminal charges thus enabling them to invoke their Fifth Amendment privilege against self-incrimination. It is highly unlikely that the officers’ observations alone are sufficient to sustain this charge. The same applies for the Conspiracy allegation. As to Possession With Intent to Distribute Class “A” Heroin there might be a legitimate grounds for suppression or a required finding at trial. An experienced Massachusetts Criminal Lawyer would be able to show a jury that Martinez, Hernandez’ roommate, is likely the owner of the safe as opposed to Hernandez. This would make proof against him much more difficult and possibly result in a successful motion for a required finding of not guilty.
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