Recently in Drug Crimes Category

Not guilty verdict on two charges of possession with intent to distribute heroin and cocaine

August 6, 2014,

Client was charged in Boston municipal court with two counts of possession with
intent to distribute heroin and cocaine
.

Narcotic detectives testified that after seeing a person come and go from the
clients apartment in a short time frame that they then knock on the client's
door to investigate based on a suspicion drug dealing was taking place. The
detectives allege client allowed them to search his apartment. Narcotics
officers discover crack floating in the toilet, the bathroom window open and a
cell phone sitting on the ledge. They then discover a second suspect outside the
apartment who was arrested for possession of drugs. In the clients bedroom they
allege that they find a scale baggies and a packet of heroin. Client is charged
with possession with intent to distribute heroin and cocaine.

Client testifies at trial and states that he never gave permission for the
police to search his apartment and that he had no knowledge of any drugs in his
apartment.

Continue reading "Not guilty verdict on two charges of possession with intent to distribute heroin and cocaine" »

A proposed reduction in sentences of federal drug offenses is slated to apply retroactively to 46,000 non-violent drug offenders currently incarcerated

July 19, 2014,

The federal sentencing commission is recommending the reduction in drug
sentences
be applied retroactively to 46,000 prisoners currently incarcerated.
The sentencing commission has recently recommended that a two level reduction in
the guideline level be applied to all drug offenses.

The reduction is based on attempting to minimize the amount of nonviolent drug
offenders who are incarcerated in the federal system. The strict and harsh sentencing in federal drug cases has led to a serious overpopulation of federal prisons which has placed the majority of these prisons at overcapacity and cost the taxpayer vasts amounts of money to attempt to keep
up with the ever-increasing prison population.

Nonviolent drug offenders have faced extreme mandatory minimum sentences and
very high guideline levels; the sentencing commission is attempting to curb this
trend. Eric Holder the Attorney General has also recommended to his offices that
they avoid charging extreme mandatory minimums which do not allow judges to
exercise discretion against nonviolent drug offenders.

Continue reading "A proposed reduction in sentences of federal drug offenses is slated to apply retroactively to 46,000 non-violent drug offenders currently incarcerated" »

Eight arrested and charged federally in heroin drug trafficking ring

June 11, 2014,

The death of the confidential informant from an overdose lead to Braintree detectives accessing his cell phone and text messages.

That information led to a source who cooperated with the police and after an investigation including surveillance they were able to arrest eight of the suspected distributors.

Continue reading "Eight arrested and charged federally in heroin drug trafficking ring" »

Lieutenant of the Ludlow Police Department is charged with stealing drugs out of the evidence locker

March 12, 2014,

Lt. Thomas Foye was recently indicted related to charges that he took drugs from narcotics locker at the police station.

He is charged with tampering with evidence, theft of drugs from a dispensary as well as cocaine possession.

Police department's manner of logging in and warehousing evidence has long been criticized as overdue for better procedures to ensure chain of custody and security of the evidence.

Continue reading "Lieutenant of the Ludlow Police Department is charged with stealing drugs out of the evidence locker" »

Kate Corbett a chemist at the same state laboratory as Annie Dookhan was fired for falsifying her educational background

November 26, 2013,

Kate Corbett claimed to have a degree from Merrimack College in chemistry, her degree was actually in sociology. She claims that she was under the impression she had taken enough chemistry classes to also qualify for a chemistry degree. Although she is not accused of having falsified testing results it is clear that as early as August of this year she testified in establishing herself as an expert that she did have a bachelors in chemistry.

Those defendants who were convicted of a drug offense including drug trafficking and possession with Kate Corbett as the testifying chemist have grounds to file a motion for new trial based on misleading testimony related to her background.

Continue reading "Kate Corbett a chemist at the same state laboratory as Annie Dookhan was fired for falsifying her educational background " »

Recent Supreme Judicial Court(SJC) decisions help clarify the new law which decriminalizes possession of an ounce or less of marijuana

April 6, 2013,

The new law which makes it legal to possess an ounce or less of marijuana for personal use has left many confused as to what is legal when it comes to possessing or using marijuana. Possession of any amount of marijuana with the intent to distribute is still a crime. Growing marijuana in any amount is still a crime. Possession of drug paraphernalia, such as a pipe, grinder or any other type of smoking device when possessed with marijuana is still a crime.

The supreme judicial Court has recently decided a some cases which help clarify some gray areas that existed.

The first case involved the police searching the backpack of a young man after witnessing him share a marijuana joint with others in public. The District Attorney's Office argued that the police had the right to search the backpack without a warrant based on their observations of him sharing marijuana with others. The Supreme Court ruled the search of the backpack without a warrant was illegal. The ruling makes it clear that sharing a joint with others is not considered distribution of marijuana and that such an offense is merely a civil infraction which does not open the door for the police to search a person or his property further. So this means that police are limited in their ability to search when encountering a civil marijuana infraction. As a side note approximately 23 grams of marijuana was found in the backpack which is less than an ounce, but the marijuana was packaged in ten small baggies leading the police to charge possession with the intent distribute. Evidence used by police to prove intent to distribute is usually the amount of drugs, manner in which it is packaged, large amounts of currency or cell phones/beepers, scales, baggies or any other evidence of distribution.

Continue reading "Recent Supreme Judicial Court(SJC) decisions help clarify the new law which decriminalizes possession of an ounce or less of marijuana" »

Boston Paramedic accused of stealing painkillers and sedatives from ambulances

November 26, 2012,

A Boston paramedic has pleaded not guilty to stealing painkillers and sedatives which he allegedly took from ambulances that he worked in. Benoit was charged with 73 counts of stealing drugs in Suffolk Superior Court. It's alleged that during the summer of 2011 painkillers and sedatives intended for patients were taken from ambulances and in some cases replaced with other types of liquids.

Cases like these are treated seriously in that there is a breach of trust and especially when it involves the medical field and the treatment of patients.

Continue reading "Boston Paramedic accused of stealing painkillers and sedatives from ambulances" »

State drug lab closed due to mishandling of evidence and potential cover-up

September 5, 2012,

A state drug lab responsible for testing illegal drugs seized from defendant's was closed because of mishandling of evidence by chemists.

Thousands of cases both pending and closed can be affected by this misconduct. It appears at least one chemist falsified data related to drug analysis and testing which calls into question the results of drug tests related to thousands of cases.

Defendants convicted and serving sentences for drug related cases have reason to file motions to vacate and reopen their cases. All types of cases involving drugs such as heroin, cocaine, as well as many other street drugs may have been compromised because of this breach.

Continue reading "State drug lab closed due to mishandling of evidence and potential cover-up" »

Massachusetts Supreme Court ruled today the distribution of marijuana can involve less than an ounce

February 13, 2012,

Possession of less than an ounce of marijuana in Massachusetts for personal use has been decriminalized since 2008. To possess less than an ounce of marijuana for personal use is now a civil offense and would subject you to $100 fine.

Possession with the intent to distribute marijuana or the sale of marijuana is still considered illegal. Just today the Supreme Court of Massachusetts decided a case which involve less than an ounce of marijuana in relation to a charge of possession with intent to distribute. The accused in this case was found to be in possession of a few baggies of marijuana totaling less than 6 grams. A District Court judge dismissed the case based on arguments that the decriminalization of less than an ounce of marijuana also applied to possession with intent distribute less than an ounce of marijuana. Prosecutors appealed the case and now the Supreme Court of Massachusetts has agreed with the Commonwealth in that possession with intent to distribute marijuana no matter what the amount is still a criminal offense.

Continue reading "Massachusetts Supreme Court ruled today the distribution of marijuana can involve less than an ounce" »

66 pounds of cocaine seized in Chelsea two men arrested, another man arrested after 40 pounds of cocaine and 29 pounds of heroin discovered after a traffic stop in Dorchester

October 22, 2011,

On Thursday as a result of an ongoing investigation two men from California were arrested after police discovered 66 pounds of cocaine in their tractor-trailer unit in Chelsea.

The two men arrested in Chelsea were from California and were brought to the Chelsea District Court on Friday. They are each charged with trafficking in cocaine and conspiracy to violate the state's drug laws. Trafficking in this amount of cocaine carries a 15 year mandatory minimum sentence if convicted.

Continue reading "66 pounds of cocaine seized in Chelsea two men arrested, another man arrested after 40 pounds of cocaine and 29 pounds of heroin discovered after a traffic stop in Dorchester" »

A federal immigration sweep has led to the detention of over 2900 illegal immigrants in the US 62 of which were located in Massachusetts and detained for removal

September 29, 2011,

This took place after a national effort to find and remove illegal immigrants with prior criminal convictions some with multiple criminal convictions. US immigration and customs enforcement better known as ICE conducted a nationwide sweep that lasted seven days which detained immigrants with felony convictions such as: manslaughter attempted murder, kidnapping, armed robbery, drug trafficking, child abuse, sexual crimes and aggravated assault. ICE named this operation crosscheck and said it was the largest of its kind involved over 1900 officers and agents from the 24 field offices with police organizations offering assistance.

19 arrests occurred in Boston, many of those arrested were already considered immigration fugitives in that they had been previously ordered removed from the country but failed to leave, some had been previously deported and had reentered illegally.

Continue reading "A federal immigration sweep has led to the detention of over 2900 illegal immigrants in the US 62 of which were located in Massachusetts and detained for removal" »

Quincy businessman pleads not guilty to aggravated statutory rape, sex for a fee and trafficking in cocaine released on $150,000 cash bail

May 10, 2011,

Developer William O'Connell who is known for having created the Marina Bay development and more recently the Granite links golf course was released yesterday in Quincy District Court on $150,000 cash bail for charges of aggravated statutory rape, sex for a fee and trafficking in cocaine.

Not much is known about the specifics of the case since the alleged victim is a minor, it appears there are two counts of statutory rape and two counts of sex for a fee, it is alleged that he was in possession of 19 grams of cocaine upon his arrest and therefore was charged with trafficking in cocaine.

Continue reading "Quincy businessman pleads not guilty to aggravated statutory rape, sex for a fee and trafficking in cocaine released on $150,000 cash bail" »

Brockton MBTA bus driver arrested and charged with possession with intent to distribute cocaine in Dorchester District Court

April 8, 2011,

Cynthia King, 46, and MBTA bus driver out of the Cabot yard facility in South Boston was arrested yesterday for possession with intent to distribute cocaine. An undisclosed amount of cocaine and money was found in her possession.

King was suspended from her MBTA job and is being arraigned today Dorchester District Court.

Continue reading "Brockton MBTA bus driver arrested and charged with possession with intent to distribute cocaine in Dorchester District Court" »

Woman held on $250,000 cash bail in East Boston District Court on cocaine trafficking charges after caught with over 1kilo of cocaine at Boston Logan airport

March 28, 2011,

Karen Morla Ramos, 22, flew into Boston from the Dominican Republic on a JetBlue flight early Sunday morning. U.S. Customs service and border protection grew suspicious after questioning her and performed a patdown search of her clothing. Over 1 kilogram of cocaine was discovered in what appeared to be a diaper concealed in her outer clothing.

She was arrested by customs service officers and charged with trafficking in cocaine. It is not unusual for drug traffickers to use children and young adults as mules to conceal drugs and sneak them into the country. The majority of these mules are given little information about the source of the drugs and are usually told that they will be given further instructions upon their arrival.

Continue reading "Woman held on $250,000 cash bail in East Boston District Court on cocaine trafficking charges after caught with over 1kilo of cocaine at Boston Logan airport" »

Investigation into Heroin, cocaine and marijuana stolen from Boston police drug lab still has no leads after three years

February 10, 2011,

The FBI and Boston police have no leads as to who stole hundreds of bags of drugs from a Boston police evidence warehouse in Hyde Park over three years ago. Drugs held as evidence in over 265 criminal cases ranging from heroin, cocaine, marijuana and prescription medication went missing without a trace over three years ago. The investigation has included 25 to 30 investigators including FBI agents who have been unable to tie any physical evidence of the crime to any suspect.

Most of the drugs taken were oxycodone. The drugs that were stolen mostly came from criminal cases investigated between 1991 and 1997. It is the older unresolved drug cases which require that the police hold on to the evidence that is causing a backlog of drug evidence in the Hyde Park depository. The police warehouse now holds more than 45,000 cases of drug evidence that is at least 10 years old and officials want to destroy. Without the criminal case being closed the destruction of evidence may lead to the cases being dismissed if challenged by the defendant.

Continue reading "Investigation into Heroin, cocaine and marijuana stolen from Boston police drug lab still has no leads after three years" »