Articles Posted in Drug Crimes

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Law enforcement officials received information that Halison Hernandez of Lynn, Massachusetts was selling cocaine as part of a large scale operation. Accordingly they started an investigation. During the course of their efforts local police agencies were able to infiltrate the organization with an undercover officer who made several purchases of large quantities of cocaine from Hernandez. The investigation lasted several months. Just two days ago the work of the police culminated in a controlled buy. An undercover office paid Hernandez sixty two thousand dollars for two kilograms of cocaine. Hernandez was arrested as were Joel Gonzalez of Lynn, Massachusetts and Ryan Fulti of Salem, Massachusetts. Gonzalez and Fulti were in a separate car that was used to deliver the drugs for Hernandez. All men have been charged with Trafficking Cocaine Over 200 Grams. The case will be prosecuted in the Essex County Superior Court.

Read Article: Massachusetts Men From Essex County Charged With Cocaine Trafficking

Trafficking Cocaine in Massachusetts in an amount that exceeds two hundred grams carries the most severe punishment. Assuming there is no school zone violation the defendants face a minimum mandatory fifteen year state prison sentence. Hand to hand sales to undercover police officers are very difficult to defend. Usually the only defense to one of these cases involves entrapment. As I have mentioned in prior blog posts, entrapment occurs when the idea to commit certain crimes is provided by law enforcement or one of its agents and the target or defendant is not predisposed to commit the crime. There must be a showing of an effort on the part of the police to overcome the will of the defendant and essentially make him commit the crime or leave him with the understanding that he has no choice but to commit the criminal act.

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Last Saturday John Murphy, a twenty two year man from Marblehead, Massachusetts was arrested and charged with rape of a child with force and drugging a person for sexual intercourse. He is now being held on a fifty thousand dollar bail that was set in the Lynn District Court. According to reports the victim is a fourteen year old girl. She was at a local playground two weeks ago and met with the defendant. Shortly thereafter police were called to the playground where they found the girl passed out. She was taken to a local hospital and then Boston’s Children’s Hospital where she underwent a sexual assault screen and full toxicology examination. Alcohol and prescription drugs were found at the scene. From the article it is unclear how the police linked Murphy to the assault and just what if anything Murphy did to the girl.

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Massachusetts Man Held On High Bail After Serious Sexual Assault Allegations

The sexual assault charges Murphy faces are extremely serious. Drugging a person for sexual intercourse is a felony in Massachusetts in accordance with Massachusetts General Laws Chapter 272 Section 3. The law states that anyone who causes someone to take drugs with the intent to overcome that person’s will so that he or she can have sexual intercourse with the person is guilty of this crime. The punishment is not less than ten years in state prison and up to life in prison. The crime of rape is also punishable by as much as life. Facts that defense lawyers would like to know about this case are as follows: What does the victim remember? Is there physical evidence such as semen or DNA from Murphy that links him to the girl? Were there any other witnesses to the alleged acts? What was in the girl’s system? What evidence at the scene can be linked to the defendant?

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Following a six month criminal investigation involving several Massachusetts law enforcement agencies two Northborough residents were arrested last week and charged with various drug related crimes. It was reported that either Edward Letourneau or Mary Anne Belanger, residents of Northborough were distributing cocaine from their home. When police made the arrests they found over fifty grams of crack cocaine, other drugs (Class E substances) and ammunition. Letourneau was charged with trafficking cocaine, possession with the intent to distribute cocaine, possession of ammunition and conspiracy. Belanger was charged with conspiracy. Criminal charges against both defendants are pending in the Westborough District Court. Final jurisdiction of these charges will likely be in the Worcester Superior Court.

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Criminal Charges Filed Against Two Massachusetts Men Caught With Cocaine

Trafficking cocaine carries a minimum mandatory state prison sentence in Massachusetts. The threshold for trafficking cocaine is fourteen grams. When more than twenty eight grams and less than one hundred grams is alleged to be the amount trafficked the minimum mandatory sentence is five years. Conspiracy charges do not carry any mandatory period of incarceration. It appears that the police investigation centered on controlled purchases of cocaine either using undercover police officers and/or confidential informants. The article is silent as to whether the arrest was made pursuant to a warrant, after a controlled buy or during the execution of a search warrant.

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Five people have been indicted by a Federal Grand Jury in the Federal District Court for the District of Massachusetts on Conspiracy to Traffic Marijuana Charges. It is reported that Dmitriy Goldinshteyn of Framingham, Massachusetts along with Myooran Nakeswaran and Mark Belenkii, both from Newton, Massachusetts as well as Mary Roberts and Vadim Khait are named in the indictments. Goldinshteyn was arrested at his home in Framingham at six o’clock in the morning. He has been released on a twenty five thousand dollar personal appearance bond. It is alleged that the conspiracy started in early 2004 and that involved over one thousand kilograms of marijuana.

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Marijuana Trafficking Conspiracy Cases Pending For Five From Massachusetts

Conspiracy to traffic one thousand kilograms or more of marijuana in Federal Court is punishable by a minimum mandatory ten years in federal prison according to the relevant statutes. The Federal Sentencing Guidelines suggest the following in cases such as this one. First, the quantity itself makes this a level 32 offense. If the defendant’s criminal history is a category 1 the guidelines suggest a sentence of 121 months to 151 months be imposed. The defendant’s level can be decreased by at least two levels depending on his role in the conspiracy. The defendant’s level of participation can also be a factor that leads to a reduction in the base offense level. There can also be a reduction in base offense level if the defendant accepts responsibility for his actions. Finally, the defendant may be eligible for a “safety valve” that permits the judge to sentence him under the minimum mandatory sentence. This article is vague as to what each defendant’s role in this operation was. As of today there was no press release providing additional information on this case.

Much can be done to defend people accused of this offense. Over the past ten years Federal Case Law has evolved favorably to the defense. It is becoming more common for a minor participant in a drug conspiracy to be punished for his or her actual role in the offense than rather than for the entire quantity of drugs alleged in the indictment. Thus, in a case where it is alleged that multiple defendants trafficked over one thousand kilos of marijuana there can be great disparity among the sentences for each participant.

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Pedro Alix and Christopher Hassapis, both from Salem, Massachusetts along with Carlos Vieira of Peabody, Massachusetts now stand charged with assault with a dangerous weapon, armed robbery and assault and battery after forcing their way into another man’s home for the purpose of committing a robbery. The victim in this case reported that on Tuesday night he was outside of his home counting his rent money when a car occupied by the defendants appeared. The men got out of the car, charged at the victim, ran into his home and robbed him at gunpoint. Police found the victim outside and bleeding from wounds to his face. Other police officers who received a radio call recalled seeing the car earlier that evening with two of the defendants riding in it. They went to a location where the three were known to hang out and were given permission to enter by an unidentified female. Officer found the defendants in possession of crack cocaine. They also located a replica gun on the premises. The victim was able to identify the gun and the car but none of the defendants. Bail has been set at one hundred thousand dollars cash at the Salem District Court.

Criminal Charges For Three Massachusetts Men Following Home Invasion

There is an interesting issue in this case. The victim has not identified the defendants. You can bet however that the district attorney will proceed with this prosecution. The defendants will be indicted. The case will be handled in the Essex County Superior Court in Salem, Massachusetts. Most likely the prosecution will proceed by introducing into evidence the gun and photographs of the car in which the defendants were riding. They will also have the police officers who saw two of the defendants in the car earlier that evening testify as to her observations. However, absent any positive identification either through the victim or evidence from the scene such as fingerprints, footprints or DNA the case will rest solely on circumstantial evidence. These cases can be a defense attorney’s dream. Based on the information in the article do not be surprised to see the home invasion charges dismissed against one or more of the defendants. Acquittals after a trial would not surprise me either.

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Twenty three year old Benjamin J. Sciucco, 23 was at the Tavern at the Square, a new bar in Salem, Massachusetts this past weekend. Just before closing time he struck another bar patron with a glass beer mug. An employee of the establishment located a Salem Police Officer who was near the bar and reported the incident. Using the description given by the employee the officer located Sciucco and made an arrest. Sciucco has been charged with assault and battery by means of a dangerous weapon and possession of marijuana. The case will be prosecuted in the Salem District Court.

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Assault And Battery Charges Filed In Salem Massachusetts Against Man Who Hit Bar Patron In Face With Beer Mug

It is not that often that someone simply hauls off and hits someone in the face with a beer mug. Typically there was some sort of provocation or instigation that prompted the act. In terms of using this as a defense the law in Massachusetts places limits on the use of force. In order to avail yourself of the use of a dangerous weapon in the course of self defense the defendant must reasonably and actually believe that he was in immediate danger of great bodily harm or death. He must have done everything reasonable in the circumstances to avoid physical combat before resorting to force. He also cannot use more force to defend himself than was reasonably necessary in the circumstances. If the defendant intends to use this defense in this case much will depend on the actions of the person he struck with the glass mug.

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According to reports Lynn, Massachusetts police had a warrant for Johnny Rodriguez’s arrest stemming from an incident last Saturday night. At that time, Rodriguez was stopped by police officers who were following up on recent shootings. Rodriguez was able to escape in his car and a warrant for his arrest issued. Surveillance was set up outside his home on Monday. Police entered is apartment and secured his arrest. In the process they observed an open safe containing a couple of handguns and an assault rifle. A search warrant was then issued permitting the police to search the apartment. During the search additional firearms were located along with ammunition and over two hundred grams of cocaine. A substantial amount of cash was seized as well.

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Firearms, Drug Charges For Lynn Massachusetts Man

I would assume that Rodriguez has been charged with unlawful possession of firearms, possession of ammunition, possession with intent to distribute marijuana and trafficking cocaine. While all of these charges are considered serious Rodriguez stands to serve the most time on the cocaine trafficking charge if convicted. Trafficking cocaine over two hundred grams in Massachusetts comes with a mandatory minimum fifteen year state prison sentence after conviction. The firearms charges carry a minimum mandatory eighteen month sentence. There is no minimum mandatory sentence associated with convictions for the possession of ammunition and the marijuana charges.

During the bail hearing Rodriguez’s lawyer suggested that the police officers’ search exceeded the scope of the warrant. If this is true then perhaps some of the items seized will be suppressed. Here is one thought that comes to mind. If Rodriguez’s home was under surveillance why did the police need to enter his apartment to effectuate the arrest? It would make more sense if they apprehended him when they saw him about to enter the establishment rather than wait for him to get inside. If the defense can show that getting inside the apartment was illicitly orchestrated to establish probable cause to obtain the warrant Rodriguez might be able to convince a court to suppress the search.

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Shubar Charles has been held in the Essex County Jail since April on a one hundred fifty thousand dollar cash bail since he was first charged with cocaine and gun crimes in the Lynn District Court. He has now been indicted by an Essex County Grand Jury and his case will be prosecuted in the Salem Superior Court. On April 3, 2009 police went to Charles home armed with a warrant for a New Bedford criminal case. When they located Charles he was in possession of cocaine, a handgun and some ammunition. Charles had some prior drug convictions. The district attorney charged him with possession of a firearm, possession of ammunition and possession with the intent to distribute cocaine.

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Lynn Massachusetts Man With Prior Criminal Record Indicted For Guns, Drugs

The firearm charge itself carries a maximum five year state prison sentence. There is a minimum mandatory eighteen month sentence that Charles will have to serve if convicted of this crime. The crime of possessing ammunition is a misdemeanor punishable by up to two years in the county house of correction. The possession with intent to distribute Class B carries a maximum ten year state prison sentence with no minimum mandatory under most circumstances. However where the defendant has prior convictions there is a minimum mandatory three year state prison sentence. According to this article Charles has prior convictions. He is facing a mandatory three year sentence on all counts. The firearm count and the charge of possession with intent to distribute cocaine can run concurrently if a judge chooses to do so after a trial or a guilty plea. Sometimes these cases can be plea bargained to reduce the minimum mandatory exposure that the defendant is facing. That often depends on the nature of the offense, the person’s criminal record and any personal history that might warrant the consideration of a lesser sentence.

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Following up on an investigation concerning Jeremy Lawrence’s activities Framingham, Massachusetts police officers engaged in an undercover operation. In doing so they succeeded in purchasing two small baggies of cocaine from Lawrence at the Jefferson Hills Apartments. After the purchase other officers confronted Lawrence in a parking lot. Lawrence immediately placed his hands in his waistband. Officers ordered him to stop. He continued these actions until he was subdued by the police. Jeremy Lawrence was searched. Found in his possession were over fifty bags of cocaine, thirteen bags of crack and a baggie of marijuana. Lawrence was charged with trafficking cocaine and a school zone violation. The case is now pending in the Framingham District Court. Bail was set at $2,500.00.

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Dorchester Man Gets Arrested In Framingham For Drug Trafficking

Undercover operations of this nature are quite common. Officers learn from informants or through other aspects of an investigation the identity of people who might be dealing drugs. Since catching the person in the act is the best way to prove his guilty they set up undercover buys. Many times the police will pose as drug users or drug dealers, get an introduction to their suspect and gain his confidence. They arrange to purchase a specified quantity of drugs and after doing so an arrest is made. Frequently, my clients who have been arrested as a result of one of these operations ask me if this is entrapment. The simple answer is usually “no”. Entrapment in Massachusetts requires more that law enforcement placing the idea of the criminal wrongdoing in the defendant’s mind. There must be an effort to overcome the defendant’s will not to commit the crime through coercive behavior that ultimately results in him relenting and doing the act. If the district attorney shows that the defendant was already predisposed towards criminal activity then there is no coercion.

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Last Friday Salem, Massachusetts police received a tip that a certain car was carrying a large amount of cocaine. Police spent the day looking for the car. They eventually found it operating on Washington Street. Officers followed the car and “waited for the driver to commit a traffic violation”. According to the Salem News, the driver, Angel F. Merced Virella, 37, of Salem did just that. He failed to use a signal when turning and he was stopped. Virella did not have a license. He was arrested and charged with operating without a license. The police noticed an excessive amount of air freshener in the car suggesting to them that Virella was trying to conceal a particular odor. The car was towed and a search warrant was obtained. Then came the search of his car which revealed over five hundred grams of a highly pure cocaine in a concealed compartment. Virella has been charged with trafficking over two hundred grams of cocaine.

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Essex County Massachusetts Man Facing Major Cocaine Trafficking Charge

Reading this article several thoughts come to mind. The legality of the stop will no doubt be challenged by Virella’s lawyer. What made the police so certain that by following him around he would commit a motor vehicle violation warranting a stop. Exactly what information did the police have when they were looking for that vehicle? Obviously the information came from an informant but how reliable was that person? What prior dealings, if any did the police have with this individual? Did the car belong to Virella or someone else? Were Virella’s fingerprints on the drugs? Many of these questions will be answered when the district attorney surrenders police reports and related materials to the defense. Virella’s attorney will probably file a motion to suppress the stop and seizure of the vehicle. If this is successful the case will probably be dismissed.

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