Articles Posted in Drug Offenses

If you thought that decriminalizing marijuana in Massachusetts would make the use of the drug easier and less complicated…think again.

On the state side, prosecutions for possession of over an ounce or possession with the intent to distribute the stuff continue. As far as federal law enforcement, of course, it is illegal per se.

Of course between having to keep away from marijuana altogether and being able to possess some at will there is a gray area. Comfortably nestled in that gray area is the issue of medical marijuana.

In November, we voted in approval of the legalization of marijuana for debilitating medical conditions including cancer, Parkinson’s disease and AIDS.

The Department of Public Health issued draft regulations last month.

This week, Massachusetts officials will begin to hold hearings around the state to get public input on proposed regulations for medical marijuana.. Three such public hearings will be held Friday at 10 a.m. at the Public Health Department’s headquarters in Boston, Plymouth Memorial Hall in Plymouth and Look Park Garden House in Northampton.

Speakers are asked to provide a copy of their testimony. People can also email testimony to Reg.Testimony@state.ma.

The proposed regulations require operators of marijuana dispensaries to test their products for contaminants and to adopt inventory control measures.

The Public Health Council is scheduled to vote on the regulations May 8th.

Attorney Sam’s Take On The Complexities Of “Legal” Marijuana

Have you ever heard the saying, “water, water, water everywhere… And not a drop to drink?”

The same might now be true for marijuana in Massachusetts. You see, while it may no longer be a crime to posess a certain amount of marijuana, it is illegal for anybody to sell it to you. That would be distribution, together with possession with intent to distribute, and that would be a felony crime.
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When I heard about it on WMPR earlier this week, I just knew that this was the proper story to end the three-blog-series now being completed in Attorney Sam’s Take.

We have often discussed the fact that the post of district attorney, in whatever county, is a political post. I have opined that, as a result, law and order is greatly effected by political aspiration. It should not be a surprise, therefore, that the result is that fear of bad press and resulting hypocrisy is what reigns supreme when it comes to “law and order”.

Well, it seems that it is now time for one such prosecutorial politician to make his move in his career.

Suffolk County District Attorney Daniel F. Conley has thrown his proverbial hat into Boston’s Mayoral race.

Ever the politician, Mr. Conley appeared at ease as he shook hands, chatted, and smiled for picture-takers. While he is often recognized at these types of events, his presence here, one day after he officially announced his candidacy, grabbed much more attention than usual.

Candidate Conley admits that the jump to the office of mayor is not a sudden decision. “Throughout the last several years, I’ve thought that if and when Mayor Menino were to decide to step down, it would be something I would consider,” he explained as he toured the room.
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When it comes to Massachusetts felonies, how serious are we, really?

In my various Attorney Sam’s Takes, I have told you a number of times that there is a “game” element to our criminal justice system. I have also claimed that our concerns regarding law enforcement are not quite as straightforward as our political leaders would have us believe. In my last blog, we discussed the adventure of the escaped suspect. The suspect was wanted for drug trafficking. The evidence against the alleged drug trafficker was purportedly strong. In fact, according to law enforcement, the suspect had sold illegal drugs to an undercover police officer at least once. It was only by luck, and perhaps panic, that the suspect fled the scene while others were apparently getting arrested.

Indeed, as you would expect, there was a manhunt for the suspect. The manhunt included the use of police dogs and a helicopter. That lasted for approximately 2 hours before they gave up looking.”After all”, they explained, “we know who he is so we can always get him any time.”

This was days ago. Is he still out there? Our system treats drug dealers like insidious and dangerous criminals. After all, look at what our government has passed as mandatory criminal sentences for drug dealers. It is commonplace to be given a mandatory sentence for drug dealing, indeed drug possession with intent to deal, which is larger than one would normally face for an attempted murder or sexual assault. And yet, there is this rather relaxed reaction to one of these allegedly escaped monsters who require such a mandatory sentence.

I wonder if he is still out there…allegedly selling the demon substance to other folks. Maybe my kids. Maybe yours.

Do you smell hypocrisy here?

Do you sense sarcasm on my part? Good.

Speaking of huge mandatory minimum drug sentences, here is another interesting little tidbit to swallow in the meantime.
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Sometimes, Massachusetts criminal investigations go underground or are put off for another day.

Here is a case about an alleged drug trafficker and his apparent slip through law enforcement’s fingers.

Maybe.

Please keep in mind that we are constantly told that drug dealers are dangerous folks and a threat to our kids, communities and selves. This is why they often face very high bail. It is also why there are extremely steep mandatory prison sentences for them. We lock them away because their crimes allegedly rise to the level of armed assault, rape and other violent conduct.

Well, law enforcement has now suspended the search in Lexington for (allegedly) such a gentleman who is said to have successfully fled from a drug bust in Waltham a couple of days ago. They say that they suspended the search because the gent is known to Waltham police.

Waltham Police Sergeant John Brooks has announced that said gent was observed selling drugs to an undercover officer.

The escape was not treated very lightly when it allegedly happened, mind you. The police say that the suspect fled from police in a white car with New Hampshire plates, before abandoning the car in Lexington in a neighborhood area just off Route 4/225 near the intersection with Route 128.
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Well, you don’t expect to see a Boston Public School teacher’s aide to be amongst a bunch of criminal defendants. Particularly when the case involves allegations of drug trafficking and gun possession.

But then again…you learn to expect the unexpected in the criminal justice system these days.

Sure enough, 38-year-old Winford McRae of Revere (hereinafter, “Scholastic Defendant”) was among nine men who appeared Thursday in the United States District Court in Boston. He faces the threat of up to 40 years in prison if convicted of distributing and possessing cocaine. These nine defendants were part of a larger fifteen gentlemen who were arrested on drug and firearm charges as part of a more than yearlong undercover sting targeting North Shore gangs, authorities said.

According to law enforcement, these defendants were affiliated with Latin Kings and Bloods street gangs who are said to be operating primarily in Lynn and Revere. They were rounded up in early morning raids conducted by FBI agents, state troopers and local detectives, said state police spokesman Dave Procopio.

“The arrests are the result of a long-term investigation by city, state and federal investigators targeting the nexus of illegal firearms and narcotics in Boston and the North Shore,” said Jake Wark, spokesman for the Suffolk District Attorney’s Office, which is prosecuting five of the defendants.

Wark said a Suffolk prosecutor yesterday asked for $150,000 bail for two other Revere defendants who are charged with multiple counts of distributing crack cocaine. One was released on his own recognizance and the other $250 bail.

Meanwhile, the Scholastic Defendant and his alleged co-conspirators were brought into federal court. His attorney pleaded for his client’s release, arguing that the father of three is a “gainfully employed” teacher’s aide for Boston Public Schools and a graduate of Endicott College in Beverly.
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Well, the Massachusetts State Police may have made the arrests for an alleged conspiracy to distribute cocaine between New York and the Commonwealth…but the federal authorities are likely to investigate further.

It happened early this morning to a livery van that was coming from New York City and headed to Lawrence. The vehicle was stopped on Interstate Route 84 at about 5:40 a.m. Law enforcement claims that it seized a kilo of cocaine, more than $28,000 cash and three alleged drug traffickers during a “routine” traffic stop in Sturbridge.

According to the officers, the driver, Ferilyn Holguin, 27, of New York City, was arrested after troopers found he had a warrant for operating a motor vehicle without a license. They go on to claim that after the driver’s arrest, a trooper told one of the passengers, Romon Suero, 40, also of New York, to take the wheel. It was then that officers allege that Mr. Suero had a kilo of cocaine estimated at a street value of $24,000 “packaged in six heat sealed bags strung together and worn like a bandoleer” under his sweater.

The other passenger, Manuel Perez, 44, of Lawrence, was arrested on a warrant for operating without a license, state police said.

The officers then searched the van and say they found $28,050 in cash hidden in a black plastic bag.

Attorney Sam’s Take On Discoveries Of Narcotics During “Routine” Traffic Stops

Generally, these types of cases speed their way to the media by way of law enforcement. Here, the State Police released the statements. You have to wonder, though, at the lack of certain details in the story.

Details which those of us experienced in high level drug cases know to look for.
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We have recently discussed instances where people were arrested for drug trafficking and possession because the package containing some sinister compound was delivered to them and they accepted it.

I believe the last such example was the week of Valentine’s Day when someone received a cute little teddy bear with a not-so-cute amount of marihuana inside.

Well, today’s story shows kind of a flip side of that which suggests the word “arbitrary” associated with law enforcement.

Plymouth’s Maryangela Tobin (hereinafter, the “Plaintiff”) received a package that she thought was very nice. At first. The package originally appeared to be full of fun stuff for her young daughter. It was, after all, the girl’s birthday.

“There were candles, pixie sticks and peppermint, and something we thought was potpourri,” she said.

Guess what? It was not really potpourri! Apparently, the vacuum packed bags beneath contained several pounds of marijuana.
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Valentine’s Day is coming later this week. What are you getting your sweetie? A card? Roses? How about a nice romantic teddy bear? They have all kinds of special and creative types now, you know.

You may not want to be too creative, though. You or your turtledove may end up like Lawrence Ligocki (hereinafter, the “Defendant”. His little gift has brought him all kinds of trouble.

You see, the Chelsea-based Defendant allegedly received a Valentine’s Day teddy bear through the mail. Law enforcement claims that the bear was stuffed with $10,000 worth of crystal methamphetamine. So they gave him another gift…criminal charges and the Commonwealth’s bracelets of shame.

Prosecutors claim that on February 5th, postal inspectors alerted police about a suspicious package that was addressed to the Defendant. When a state police drug sniffing dog confirmed the presence of drugs inside the bear, the package was delivered to the Defendant by a postal inspector pretending to be a mail carrier.

When the Defendant signed for the package, he was presented with a search warrant for the home and the bear.

In execution of the warrant, authorities claim that they found 96 grams of crystal meth inside the teddy bear and more in the home.

The Defendant claims that he was not expecting the package and has pleaded “not guilty” to charges of drug possession and trafficking.

He was released on $150 bail.

Attorney Sam’s Take On Packages, Timing And Search Warrants

This could actually turn out to be an interesting case.

It seems to me that the authorities jumped the gun here a bit. They got lucky, though, which may have saved the prosecutorial day for them.
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Kevin W. Weeks, director of CBP Field Operations in Boston, is a proud man today. He announced the latest triumph against the drug trade, saying, “This arrest exemplifies the extreme measures criminals will undertake to smuggle contraband,”

He was referring to the arrest of a 38-year-old woman who has been arrested for smuggling cocaine at Logan Airport. Her name is Johanna Carolina Ortiz, although she is hereinafter referred to as the “Defendant”. According to federal officials, she was trying to smuggle 24 pounds of liquid cocaine in a variety of here product and lotion bottles.

The Defendant, a United States citizen, had just arrived on a flight from Santa Domingo, Dominican Republic on January 28. Customs and border protection officers searched and found what they called a “logic and suspicious amount of cosmetic products” in her suitcase according to officials.

When the officials looked into the beauty supplies, they found 24 pounds of a liquid cocaine mixture that was concealed in 25 different cosmetic canisters that were labeled as here products in hand lotions according to the report.

The authorities then turned the Defendant over to the state police. Prosecuted by the Suffolk County District Attorney’s Office, she has now been arraigned on the charges.

Attorney Sam’s Take On Probable Cause, Drug Possession And Federal Prerogative

We know one thing already about this prosecution. There are either problems associated with it or the government considers it not quite big enough to be all that upset about.

How do we know that?
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Ricardo Pavao Is a Somerset police officer. Well, at least he was. Now he is hereinafter referred to as the “defendant”.

The Defendant is now facing criminal charges of larceny and drug possession. More specifically, He stands accused of going to peoples homes at an elderly housing complex, asking for personal information, and offering to collect and dispose of expired prescription medication.

“So what’s the problem?” You might ask. Well, it turns out that he was not authorized to do this.

“Well”, you might respond, “perhaps he is new on the force and didn’t know any better.”

Unfortunately, he has been on the force for about 10 years. He’s also 33 years old.

The criminal charges he faces are two counts of possession a Class E drug, two counts of possession of a Class C drug and one count of larceny under $250 under false pretenses, according to court documents. The case is pending at Fall River District Court. The Defendant was released, and the hearing was continued for a pretrial hearing on March 28.

You may be wondering what the defendant did with the drugs. For example, did he sell them to somebody else?

Nope.

Did he keep them and use them himself?

Uh-uh.

Did he even keep them?

Despite the search warrant that was executed, there’s nothing to indicate that. Although, he did have a small, not illegal, amount of marijuana Continue reading