Articles Posted in Drug Offenses

Yesterday’s Salem Daily News told the tale of Angelo Diiorio, age 18. The young man, had been ordered by the court to confine himself to his home while awaiting trial on charges of vehicular homicide and child rape. In fact, he was even ordered to wear an ankle bracelet. According to the police, however, this condition of release was a bit too difficult for Mr. Diiorio to follow as he was found behind a Danvers business attending a meeting (scheduled fight) with another youth this past Saturday night. The court remedied the youth’s impulsivity by making him a guest of the Commonwealth for 60 days.

According to law enforcement, the two teens were arrested at approximately 10 p.m. as they were in mid-conference (“swinging at each other”) regarding a desired acquisition (a girl). The meeting was forcibly adjourned with the resulting charges of disorderly conduct, trespassing, and possession of marijuana. For poor lovesick Diiorio, however, these charges were the least of his problems as the arrest resulted in the court’s revoking Diiorio’s bail in his pending Salem rape case. Diiorio had been indicted last year on a charge of rape, which involved the alleged sexual assault on an 11-year-old girl during a Christmas Eve gathering in Danvers in 2006. Two weeks later, on January 5, 2007, Diiorio was allegedly at the wheel of a 2000 Mitsubishi Eclipse when he lost control on Route 1 in Revere and crashed, killing a 17-year-old girl in Peabody, for which he faces charges of vehicular homicide and negligent driving to endanger. Investigators say the crash was caused when Diiorio and another driver decided to race each other on the highway.

The respective prosecutors in these cases opined to the court that his latest arrest indicates Diiorio doesn’t take court orders seriously.

Last Thursday night, two gentlemen in Taunton learned that sometimes it is better to quietly accept a motor vehicle citation than to protest, flee and fight, thereby adding a few felony charges to the experience.

Enterprise News reports that just before 5 p.m. two state troopers spotted an early-model Infiniti G20 with a defective brake light and a sticker indicating that it had failed an inspection on Route 44. They activated their flashing lights and the driver, Brian Lacombe, 20, pulled into the parking lot of KFC restaurant on Route 44 and stopped. However, as the officers left their cruisers to approach on foot, Lacombe apparently had a change of heart and allegedly sped away heading east on Route 44.

And so the chase began.

In federal court in Massachusetts, Daniel Ekasala pled not guilty to three counts of possession of oxycodone with intent to distribute. Authorities apprehended the 35-year-old Saugus resident during a sting operation involving New England Patriots offensive lineman Nicholas Kaczur.

Kaczur, who was arrested and charged with illegal possession of prescription painkillers in April wore a recording device during three alleged drug transactions that took place in gas stations in Foxborough, North Attleborough, and at a Sharon parking lot. During each of the three deals, the “cooperating witness,” as he was described in a Drug Enforcement Agency affidavit, purchased 100 OxyContin tablets for $3,900.

Ekasala ‘s defense attorney says that that the prosecution will have to reveal what the 28-year-old football player is getting in return for his cooperation. Kaczur was charged with criminal possession of a controlled substance in the seventh degree after police in New York pulled him over for speeding.

A Boston firefighter was apprehended by police on Friday for allegedly purchasing OxyContin from a drug dealer that had been under police surveillance. Firefighter and Dorchester resident William Boyle has been ordered to appear in District Court for the alleged possession of a Class B substance.

Boston police say that a District-C Drug Control Unit Detective saw Boyle make the alleged deal with drug dealer Stephen Puglielli at the Broadway MBTA station. Boyle allegedly called out to the approaching detective, “I didn’t do anything, I am a Boston fireman.”

Police say that he dropped a cellophane wrapper with 5 OxyContin pills, But Boyle alleges that they planted the evidence. At the Boston police station, officers allege that Boyle told them that he bought the pills for $200.

Boyle has served as firefighter with the Boston Fire Department for over 10 years and is also a Vietnam veteran. He has been on injury leave.

Puglielli, a well-known drug dealer and a Southie resident, has been arrested for allegedly dealing drugs. His arraignment is schedule for today. Puglielli is a repeat drug offender.

Boston firefighter in Oxycontin sting, Boston Herald, April 28, 2008
Disabled firefighter accused in drug buy, Boston.com, April 28, 2008

Related Web Resources:

OxyContin, DEA

The Massachusetts OxyContin and Other Drug Abuse Commission
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Richard “Pops” Picardi Sr, a 76-year-old Revere, Massachusetts resident, has pled not guilty to charges that include unlawful distribution of a Class B substance, selling cigarettes without state tax stamps, receiving stolen property, and violating drug laws in a school zone.

A person can be charged with violating drug laws in a school zone if the drug-related crime he or she is accused of committing took place within 100 feet of a playground or park or within 1000 feet of a school or school property. Because so many cities in Massachusetts are well populated, it is very hard for someone not to be within a school zone.

Picardi is accused of dealing prescription drugs from the office of the Square Cab Co. in Chelsea in exchange for cigarettes and money. The company is located within 1,000 feet of Clark Avenue School. His arraignment took place in Chelsea District Court, and he was ordered held on $10,000 bail.

Undercover cops bought OxyContin and other narcotics from Picardi several times in March. One buy involved three OxyContin tablets in exchange for eight packs of cigarettes and $40. He also is accused of selling cigarettes illegally.

Picardi had more than $11,000 on him last week when he was arrested. Law enforcement officers also found almost two full cartons of cigarettes, 74 Roxicet pills, 21 razor packs, and 5 unopened cologne bottles that may have been stolen.

One-legged 76-year-old busted in drug sting, The Boston Herald, April 15, 2008
Man, 76, held in drug case linked to Chelsea cab firm, Boston Globe, April 15, 2008

Related Web Resources:

Massachusetts Drug Fact Sheet, Friends of Narconon

The Drug Policy Forum of Massachusetts
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In Massachusetts, a former US Court of Appeals for the First Circuit records clerk was arrested for allegedly selling OxyContin.

Christopher Cook allegedly sold 200 OxyContin pills to someone working undercover with the FBI. Cook, 28, was to be given $7,600 for the pills.

The undercover witness agreed to work with FBI agents, who tape-recorded the sale, after being charged with drug trafficking outside the state. He had informed agents that he and Cook had been selling drugs for over a year.

Cook reportedly tried to flee before he was arrested at an undisclosed location. He faces one federal charge of selling OxyContin. The Pembroke native reportedly has a history of arrests for violence.

Prosecutors suggested that he be detained until a detention hearing that is scheduled fornext week because he is believed to be a flight risk.

Cook faces up to 20 years in prison if convicted for federal drug trafficking.

OxyContin is a prescription painkiller. Street names for OxyContin include Kicker, OC, Oxy, OX, Blue, Oxycotton, Hillybilly Heroin.

The WhiteHouseDrugPolicy.gov Web site says that prescription drugs are often illegally obtained via:

• Doctor shopping or other prescription fraud.
• Illegal online pharmacies.
• Theft and burglary.
• Receiving/purchasing from friends or family.
• Overprescribing.

If you have been arrested for a drug crime in the Boston area or anywhere else in Massachusetts, it is important that you hire a Boston, Massachusetts drug crimes law firm that is familiar with the different avenues of defense that are available to you. We have defended clients prosecuted at the state and federal levels.

Former court worker held in OxyContin sale, Boston.com, March 14, 2008
Prescription Drugs, Office of National Drug Control Policy

Related Web Resource:

OxyContine, DEA
Federal Trafficking Penalties, DEA Continue reading

Singer Bobby Brown, a Boston, Massachusetts native, will serve on year’s community service for cocaine possession in exchange for not being charged with possession of the drug.

Massachusetts police, responding to a call to break up a fight at a Brockton Holiday Inn last December, found Brown sitting in a car with a substance that they believe was cocaine.

No criminal charges were filed. This week, Brockton District Court Clerk Magistrate Kevin Creedon says there was no probable cause for a criminal complaint. He has ordered Brown, the ex-husband of singer Whitney Houston, to mentor young adults and children. The arrest will be erased form his criminal records if he avoids any arrests in the next year.

In Massachusetts, under Trial Court Rule XI: Uniform Rule for Probable Cause Determinations for Persons Arrested Without a Warrant:

A person who has been arrested for an offense for which no warrant has issued, if not released on bail or recognizance, shall be entitled prior to any extended pretrial detention to a determination by a judicial officer of whether there is probable cause to believe that such person has committed such offense, except where such person’s detention is otherwise authorized by a warrant or other judicial process.

Criminal penalties for cocaine possession conviction in Massachusetts include up to one year behind bars for a first offense and two years for a second offense.

Bobby Brown agrees to community service, Boston.com, February 26, 2008
Probable Cause Determinations, Massachusetts Trial Court Law Libraries

Related Web Resource:

Massachusetts Sentencing Guidelines
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In Suffolk Superior Court yesterday, Enrique Baez pled guilty to the shooting death of Cheyenne Baez. Judge Margaret Hinkle sentenced him to five years in Suffolk County House of Correction. 2.5 years of the sentence is for involuntary manslaughter, 6 months is for marijuana possession, and the remaining two years is for the illegal possession of two handguns. Enrique and Cheyenne were not related, but they were friends.

According to Boston police and investigators, Enrique, Cheyenne, and two other males were in Enrique’s apartment in Jamaica Planes on April 8, 2007. Enrique, 17-years-old at the time, had two guns. One of them was loaded, the other one wasn’t. While playing with the loaded gun, it went off. The bullet hit Cheyenne in the eye and killed him.

While on the stand, Enrique apologized for the murder and claimed that the shooting was an accident. Relatives of Cheyenne have expressed outrage at the five-year sentence, claiming that his death was murder and not an accident.

Judge Hinkle, Suffolk Assistant District Attorney John E. Powers III, and Boston police, however, are all in agreement that the evidence showed that the shooting was accidental.

Enrique had initially been charged with manslaughter. He had pleaded not guilty to the charges.

Relatives of victim decry jail sentence, Boston.com, February 12, 2008
Teen charged with manslaughter after friend is shot, Boston.com, April 10, 2007
Related Web Resources:

Massachusetts Law about Guns and Other Weapons

Massachusetts Homicide Law
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New England Patriots defensive back Willie Andrews says he is not guilty of possession of marjjuana with intent to distribute. The 24-year-old football player responded to the charges during his arraignment today in Lowell District Court in Massachusetts.

Andrews was arrested this morning on Middlesex Street in Lowell near the University of Massachusetts. He did not appear inside the courtroom during his arraignment-although he was at the courthouse-and the facts of the case were not read aloud in court. A Lowell police report related to the case, however, describes how the football player was pulled over by police, who noticed a “strong, pungent” smell.

The report says that Andrews confirmed that he had hidden marijuana in his groin area. Another two to three ounces of pot were found beneath his seat. About half a pound of marijuana, worth approximately $500, was reportedly found with the Patriots player. He was given a bail warning and released on his own recognizance.

The football player must inform a probation officer if he decides to travel outside Massachusetts. A violation of his probation could result in up to two months in jail. The football player is also charged with driving an unregistered motor vehicle.

This incident is not Andrew’s first brush with the law. He was convicted of criminal mischief a few years ago. He was on probation when police found a gun in his possession during a traffic stop. He served 10 days of a 30-day jail sentence.

In Massachusetts, a marijuana possession offense is a misdemeanor. A conviction could lead to six months in jail and a $500 fine. If it is a first offense, the punishment for conviction could be probation.

The sale or cultivation of pot is considered a felony. Depending on the amount of marijuana and the circumstances involving in the arrest, a conviction could lead to 2 to 15 years in prison and a $5,000 to $10,000 fine.

Patriots player busted for pot, BostonHerald.com, February 5, 2008
Patriots defensive back charged with marijuana possession in Lowell, Boston.com, February 5, 2008
Related Web Resources:

Massachusetts State Penalties

Willie Andrews, Patriots.com Continue reading

Olympic athlete Marion Jones, 31, will serve six months in prison for lying to an investigator about her steroid use and her involvement in a check-fraud scheme. Jones must also complete 400 hours of community service while serving two years probation.

The world champion athlete opted for a plea agreement last October when she admitted that she lied to an investigator about her use of a performance-enhancing drug before and after the 2000 Olympic Games. She won three gold medals and two bronze medals as a runner and long jumper at the Sydney games and was considered one of the greatest female athletes in the world.

Jones testified in court that, from September 2000 until July 2001, she took what she thought was flaxseed oil while training with her then-trainer Trevor Graham. She says that after she stopped training with him, she realized that had been actually been using the designer steroid THG.

In 2003, during a grand jury investigation of Bay Area Laboratory Co-Operative (BALCO)-a lab involved in the scandal linking professional athletes to steroid use-Jones denied ever using performance-enhancing drugs. She filed a lawsuit against Victor Conte, BALCO’s founder, who has said that he saw Jones inject herself with a performance-enhancing drug.

A 2003 search warrant uncovered doping calendars, ledgers, purchases, and blood-test results linking Jones and Graham to BALCO.

Jones also confessed to lying about how much she knew regarding Tim Montgomery’s involvement in a check-fraud scam. Montgomery is the father of her Jones’s son Monty. Millions of dollars in stolen and forged checks were involved. Prosecutors in New York say they have a $25,000 check that Jones signed, as well as testimonies of other defendants implicating her in the scheme.

Although Jones had hoped to avoid prison time, U.S. District Judge Kenneth Karas has ordered her to serve the maximum time allowed under her plea agreement. He wants athletes to become aware of the consequences that using performance enhancing drugs can have on their lives and careers.

Jones gave her Olympic medals back. The International Olympic has erased her records from the record books.

Marion Jones sentenced to 6 months for lying about steroids, Boston.com, January 11, 2008
Marion Jones Sentenced to Six Months in Prison, New York Times, January 11, 2008

Related Web Resource:

BALCO Investigation Timeline, USA Today
Marion Jones, US Olympic Team Continue reading

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