Drug Crimes

Fugitive Who Escape from Sheriff’s Van Apprehended in Charlestown

Published on: June 9, 2010 | by Lefteris K. Travayiakis, Esq.

As a follow-up to my June 4, 2010 post on the Boston Criminal Lawyers Blog, Stephen Woodard, who had escaped from a Suffolk County Sheriff’s van, surrendered this past Monday in Charlestown, Massachusetts.

You may recall that Woodard escaped from the Sheriff’s van on foot last Friday and then stole a Department of Public Works vehicle that had the keys inside. A tip to the Boston Police Department led them to an apartment in McNulty Court in Charlestown, where Woodard was found.

Woodard is currently facing Armed Robbery and Drug Charges and Charlestown and East Boston District Courts, but could also face additional charges, including Escape and Larceny of a Motor Vehicle.

Boston Police Net One of Largest Drug Busts in City History, Defense Case Appears Strong

Published on: June 6, 2010 | by Lefteris K. Travayiakis, Esq.

Executing a Search Warrant this past week, the Boston Police Department netted the seizure of almost 1 ton of marijuana, divided into 40 bales, from a Dorchester, Massachusetts apartment, resulting in Edgar Gonzalez being arraigned on Trafficking charges. Call it a stroke of luck, however…

The Boston Police, along with the Massachusetts State Police and FBI, were executing the Search Warrant a three-decker apartment on Wilcock Street. The marijuana, however, was actually located in an apartment above them that was not a target. When the police arrived on scene, however, Edgar Gonzalez was allegedly seen leaving the building. The police pursued and purportedly tied him to the upstairs apartment whose door was left open.

As a result, the Boston Police relied upon an immigration detainment order by the U.S. Customs and Immigration Enforcement, and in conjunction with his ‘behavior in trying to flee’, executed a “protective sweep” of the apartment. Within the apartment, Boston Police seized 40 bales of marijuana wrapped in plastic, including scales, a vacuum sealer and shrink wrap.

Dorchester Man Arrested for Drug Dealing at Braintree’s South Shore Plaza

Published on: May 5, 2010 | by Lefteris K. Travayiakis, Esq.

Joseph F. Cruz, 28, of Dorchester, Massachusetts, was arrested on May 3rd for allegedly selling Oxycodone pills at the South Shore Plaza in Braintree.

Braintree Police Detectives allege that they had received complaints that Cruz was selling drugs out of his apartment. After an undercover surveillance operation was established, Braintree Police observed Cruz exit his apartment and drive to the South Shore Plaza in Braintree. At the mall, another man entered Cruz’ vehicle where a drug transaction is alleged to have taken place.

When Braintree Police tried to approach the two men, Cruz drove away and the two men ultimately fled into Nordstrom’s Department Store where Cruz was apprehended by mall security. The other man, however, was not caught.

Drug Conviction Overturned for Constitutional Violation

Published on: April 3, 2010 | by Lefteris K. Travayiakis, Esq.

In the recent case of Commonwealth v. Jorge Vasquez, Massachusetts Supreme Judicial Court recently overturned the conviction of the defendant, who had been tried and convicted of Possession of Cocaine, as well as Distribution of Cocaine. Despite his criminal defense lawyer’s failing to object at trial to the admission of the Massachusetts State Police Crime Laboratory Certificates of Drug Analysis, the Supreme Judicial Court still reversed his convictions as a result of his being deprive of his Right to Confrontation under the Sixth Amendment to the United States Constitution.

At his criminal trial, the prosecutor did not call the Massachusetts State Police Crime Analyst at trial, but simply admitted the ‘Drug Certificates’. The Drug Certificates were signed by the analyst, but the court found a Sixth Amendment violation because the defendant had no opportunity to cross-examine the drug analyst. Although this was the preferred practice not too long ago, in the recent case of Melendez-Diaz, the United States Supreme Court ruled that drug certificates are testimonial in nature whose admission into evidence against a criminal defendant triggers the protections of the Sixth Amendment Right to Confrontation.

The Massachusetts Supreme Court further ruled that, without the admission of the Drug Certificates or testimony certifying the seized substances were, in fact, cocaine, the defendant’s convictions on the charges could not stand and must be reversed. Although there was evidence that the ‘substances’ were “consistent with cocaine” and testimony from police officers relating to the likeness of the substances with cocaine, this was simply circumstantial evidence. Although a conviction can stand on only circumstantial evidence, the convictions in this case had to be reversed because the court could not say whether a jury would still have convicted had the improperly introduced Drug Certificates not been introduced.

Convicted Feline Felon Arrested in East Boston on Drug Trafficking Charges

Published on: March 26, 2010 | by Lefteris K. Travayiakis, Esq.

If you don’t remember the name Luigi Epifania, it’s because he was known around Boston as the “Cat Killer”. In 2008, Epifania was found guilty of strangling and stomping a cat to death, putting it in a bag, lighting it on fire and then throwing it into an apartment building. At the time when that case arose, he was awaiting trial on Attempted Murder charges for stabbing a man and then beating him with a frying pan during a drug deal gone bad.

Now, Epifania was again arrested by Boston Police in East Boston for Trafficking OxyContin. The Boston Police Department reports that he was spotted by drug offices in East Boston, who followed him and observed him engage in a drug transaction.

At the time of this most recent arrest, Epifania was on probation for his previous 2008 criminal cases. At that time, he had been sentenced to 2.5 years in jail for the Cruelty to Animal charge; and 5 years’ probation for the attempted murder charge. Epifania could also be charged with Violation of Probation as a result of this newest criminal charge.

Boston Police Make Drug Arrests in Roslindale Pub

Published on: March 18, 2010 | by Lefteris K. Travayiakis, Esq.

A drug investigation by the West Roxbury Boston Police Drug Control Unit, relying on information provided by a ‘confidential informant’ about drugs being sold at BK’s Pub at 4272 Washington Street in Boston’s Roslindale section resulted in the arrest of two people. Alexander Perez-Figueroa, of Dorchester, and Elsa M. Parrilla, also of Dorchester, were both arrested and each charged with Possession with Intent to Distribute a Class B Substance.

The confidential informant told police that a woman would sell drugs from BK’s Pub in Roslindale by receiving orders in the bar and receiving money for the drugs. A ‘drug dealer’ would then be contacted, she would meet him on Poplar Street to obtain the drugs, and then allegedly distribute those drugs to the buyers.

The Boston Police Drug Control Unit allege they observed several people approach the woman and hand her money. She was then observed using her cell phone, thereafter leaving the bar in her car and conducting the transaction with occupants within another car. At the time of her arrest, the Boston Police report that she admitted to be in possession of cocaine, for which she reportedly paid $1,000.

Massachusetts Court Reverses Drug Conviction, Police ‘Expert Testimony’ Still Live Issue In Drug Cases

Published on: March 6, 2010 | by Lefteris K. Travayiakis, Esq.

The Massachusetts Supreme Judicial Court recently reversed the conviction of a man who had been convicted in 2004 for the crime of Trafficking Cocaine of over 28 grams. In the case of Commonwealth v. Mario M. Perez, the Supreme Judicial Court reversed the jury’s guilty finding on the grounds that the defendant’s Sixth Amendment Right to Confrontation was violated by the introduction of the Certificate of Drug Analysis without the chemist’s testimony.

The defendant’s reversal for the crime of Trafficking follows the United States Supreme Court’s decision in Crawford v. Washington, which essentially ruled that the Drug Certificates were testimonial evidence. At the time of this appeal, the United States Supreme Court had granted certiorari but not yet decided United States v. Melendez-Diaz, which now prevents the prosecutor from proving its case by way of ex-parte court affidavits and without the proponent being subject to cross-examination.

This case is particularly interesting because the District Attorney’s Office attempted to convince the Massachusetts Supreme Court to adopt a broader rule of law that would allow them to bypass having to call a drug chemist at trial. Massachusetts prosecutors are trying hard to convince the Court to allow them to prove what a particular substance is through the use of ‘police expert’ testimony only. In this way, the prosecutors could attempt to prove the controlled substance at trial through their usual police witnesses and without having to bring in the chemist who tested the drugs.

Massachusetts Supreme Court Reverses Gun Conviction for Constitutional Violation

Published on: February 26, 2010 | by Lefteris K. Travayiakis, Esq.

A defendant who was convicted for the gun crimes of Carrying a Firearm Without a License and Carrying a Loaded Firearm recently had his convictions overturned because the admission of the Ballistics Certificate, without live expert testimony, violated his Right to Confrontation under the 6th Amendment of the United States Constitution.

At his criminal jury trial in the District Court, the prosecutor sought to prove that the gun at issue was an operable firearm with evidence consisting only of the Ballistics Certificate, which is simply a police ballistician’s certification that the firearm has been examined, tested and found to be functional. The ballistician who examined the firearm was not called as a witness by the prosecutor at trial, and therefore was not available to the defendant’s criminal defense lawyer for cross-examination. The Massachusetts Supreme Court ruled that, because the ballistician was not made available to the defense for cross-examination of his findings, the defendant’s constitutional right to confront the witnesses against him was violated. Read the full Massachusetts Supreme Court’s opinion in Commonwealth v. William Rivera.

The reversal of the defendants gun convictions follows the recent ruling in Melendez-Diaz v. Massachusetts, where the U.S. Supreme Court decided that the prosecution cannot prove its case with affidavits and without the benefit of live witness testimony. The case of Melendez-Diaz involved a drug trial where the prosecutor admitted a Certificate of Drug Analysis in lieu of the chemist’s testimony that the contraband seized by the police was, in fact, cocaine.