464 Mass. 566 - Appellant Montoya Brief - Mass Cases

ecause (1) the evidence of kaging and conceal
the ckets of alleged cocaine in hide the
fendant's motor vehicle was suggestive of drug
-dealing; (2) the jury was informed what an eight.
was and therefore they could extr ate that to the
twenty packets that they took into the evidence room,
even though there was no evidence what any of Se
ckets weighed and the jury returned several
questions which clearly showed that they had great
difficulty in determining what the total weight of the
packets was and (3) the defendant allegedly made
confession to the police that he had been engaged
drug dealing but where the defendant took the stand at
trial and denied having made this con ssion and
therefore a credibility issue arose could only be
resolved by a jury and the fendant's alleged
confession could therefore have no relevance to a
harmless error analysis in this case.
Whether the defendant was deprived of the
effective assistance of counsel which created a
substant I risk of a misca age of justice where
twenty packets alleged cocaine had been placed a
at sealed bag that was marked as an exhibit and sent
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