464 Mass. 566 - Appellant Montoya Brief - Mass Cases
464 Mass. 566 - Appellant Montoya Brief - Mass Cases
464 Mass. 566 - Appellant Montoya Brief - Mass Cases
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to support a conviction". Commonwealth v. Dawson, 399<br />
Ma s s. 465, 467 (1987) • Furthermore, the trial j<br />
did not make a finding that any of officers were<br />
qualified to testify as to the nature of the<br />
substances. See Vasquez, 456 <strong>Mass</strong>. at p. 365.<br />
Moreover, the officers " , not articulate how their<br />
rtise permitted them to identi the substances'."<br />
Commonwealth v. Charles, 456 <strong>Mass</strong>. 378, 382 (2010)<br />
quoting from Commonwealth v. Melendez-Diaz, 76 <strong>Mass</strong>.<br />
App. Ct. 229, 233 -(2010). No field tests were<br />
performed, none of the witnesses was involved<br />
gene ing the drug certi es, and tI [nJ one the<br />
officers observed the fects of the substances on<br />
anyone sting " Vasquez, supra at p. 364.<br />
The last two findings of the motion judge<br />
concerning packaging of the al ged contraband and<br />
the location of a sophisticat hide (which the on<br />
j found icularly important) are related as the<br />
implicit assumption underlying these two findings is<br />
that packaging of the alleged cont and and<br />
location of hide are evidence of a modus operandi<br />
of drug dealing cocaine as testified to by<br />
Detect i ve Hyde. The testimony of Detective Hyde<br />
44<br />
i