464 Mass. 566 - Appellant Montoya Brief - Mass Cases

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the improperly admitted evidence 'might have had' on the fact finder or the findings." Vasquez, supra at 3 62, quoting from Commonwealth v. Tyree, 455 Mass. -676, 704 n. 44 (2010). The requirement that the Commonwealth point to other overwhelming evidence to show that the error was harmless beyond a reasonable doubt is an extremely heavy one and not easily met. See Commonwealth v. Marini, 375 Mass. 510, 521 n. 12 (1978), quoting Milton v. Wainwright, 407 U.S. 371, 372-373 (1972) (noting that "overwhelming" evidence has en understood to mean evidence akin tothre full confessions). Furthermore, the Commonwealth does not establish that the error was harmless beyond a reasonable doubt simply by pointing'to other properly admitted evidence that would establish the legal sufficiency of the case against the defendant in absence the tainted evidence. Commonwealth v. Muniz, 456 Mass. 166, 169 (2010). The error is not harmless beyond a reasonable doubt if " ...the Commonwealth's case 'radiates from a core of tainted evidence.' II Commonwealth v. Fluellen, 456 Mass. 517, 526 (2010), quoting supra at 702. 33
A. The Evidence Concerning The Weight As part of its case against the defendant with respect to trafficking charge, Commonwealth introduced the drug certificate marked as Exhibit 7, which stated the coca weighed 39.74 grams or approximately twelve grams more than the threshold amount charged in the indictment. Moreover, eutenant Broo read this drug certifi into the record. (219-92) ; RA 53. , , " " In upholding the defendant's traff ickit{g conviction, the motion judge ruled t because jury was made aware through the testimony of ive Hyde that an "eight ball" was one eighth of an ounce or 3.5 grams and' \\ [f] rom this knowledge and ir general familiarity with weight, the jury d have ermined that the bags of cocaine in evidence weighed ater than twenty-eight " RA 155. In arriving at this conclusion, motion judge cited Commonwealth v. Connolly, 454 Mass. 808, 832 (2009). The Court's cision Connolly f supra, is inapposite here because facts in this case are 34
Page 1 and 2: COMMONWEALTH OF MASSACHUSETTS Appel
Page 3 and 4: Page No. II. THE DEFENDANT WAS DEPR
Page 6: Commonwealth v. Levy, 459 Mass. 101
Page 11 and 12: into the jury room but on this bag
Page 16 and 17: April 6, 2011, the defendant filed
Page 19: anot r radio transmission from Troo
Page 25: Corcoran was prob ly originally an
Page 31 and 32: indicates t t person would not be f
Page 34 and 35: the motion to suppress that Corcora
Page 37: variable that differentiates the in
Page 47: harmless beyond a reasonable doubt
Page 52: focused on cribing street level dru
Page 55 and 56: prejudi al but also inadmiss e hear

464 Mass. 566 - Appellant Montoya Brief - Mass Cases

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