463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases

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marijuana and cocaine but that the drugs were only intended for his personal use? 3. Was a substantial risk of a miscarriage of justice created, in the case against Raymond Mendes, by the un-objected-to admission of evidence that persons were calling the defendants' cell phones during the execution of the search warrant and asking to buy drugs, where that evidence was properly admitted, and used only to prove that the telephones were instrumentalities employed by the defendants to facilitate the sale of drugs? Prior Proceedings STATEMENT OF THE CASE After a search warrant was executed at the defendants' home, Complaints issued from the Somerville District Court on October 23, 2006, charging Raymond Mendes (No. 0610 CR 2953) and Ronald Mendes (No. 0610 CR 2957) with crimes including possession of cocaine with intent to distribute, in violation of G.L. c. 94C, §. 32A(a) and a "school zone" violation under G.L. c. 94C, § 32J. (I.R.A. 1-13; RonM. R.A. 1-11; RayM. R.A. 1 Ronald Mendes has submitted an impounded record appendix, containing material related to the search warrant, which will be cited "(I .R.A. [page])". The 2
The defendants moved to suppress evidence, arguing that the search warrant was not supported by probable cause. (RonM. R.A. 15-30.) Justice Sabita Singh denied the motion on July 2, 2007. (RonM. R.A. 12-14.) The defendants were tried before Justice James L. LaMothe, Jr. and a Jury of Six from March 26-28, 2008. (RonM. R.A. 2-4; RayM. R.A. 3-6.) The jury convicted both defendants on all counts. (RonM. R.A. 2-4; RayM. R.A. 3-6.) Justice LaMothe sentenced Raymond Mendes to 1 day in the House of Correction on the possession with intent to distribute a class B substance conviction and two years in the House of Correction, ufrom and after," on the school zone conviction. (RayM. R.A. 3-6.) Justice LaMothe sentenced Ronald Mendes to 30 days in the House of Correction on the possession with intent to distribute a class B substance conviction and two years in the House of Correction, ufrom and after," on the school zone conviction. (RonM. R.A. 2-4.) Justice LaMothe placed the other convictions on file. (RonM. Appendix that is attached the brief of Raymond Mendes will be cited u (RayM. R.A. [page]) . " The Appendix that is attached the brief of Ronald Mendes will be cited "(RonM. R.A. [page]) . " The brief of Raymond Mendes will be cited u (RayM.Br. [page])" and the brief of Ronald Mendes will be cited "(RonM.Br. [page])." The three volumes of trial transcript will be cited by volume and page, e.g., u(Tr. 1: 87)". 3
Page 1 and 2: COMMONWEALTH OF .MASSACHUSETTS SUPR
Page 3 and 4: B. Applying the Degraca/Mahdi Facto
Page 5 and 6: Cases Commonwealth v. Degraca, 447
Page 7 and 8: Cases Commonwealth v. Todisco, 363
Page 9: COMMONWEALTH OF MASSACHUSETTS SUPRE
Page 13: in a primarily residential neighbor
Page 17: informants are used in drug investi
Page 20 and 21: (an eighth of an·ounce of cocaine)
Page 23: etween the defendants' drug dealing
Page 26 and 27: 431 (1992), or the informant has pr
Page 28 and 29: Blake, 413 Mass. 823, 828 (1992). N
Page 31 and 32: Fifth Amendment violation can be ha
Page 34 and 35: This test has been applied repeated
Page 36 and 37: factors call for the reviewing Cour
Page 38 and 39: at 554, If the overall strength of
Page 40: counsel for Ronald Mendes actually
Page 43 and 44: This circumstance fits comfortably
Page 45 and 46: seized. But the testimony of the de
Page 48: client is going to concede that he
Page 51 and 52: Westbrooks, 79 Mass. App. Ct. 417,
Page 53 and 54: of the statements made by the calle
Page 55 and 56: phones were used as instrumentaliti
Page 57 and 58: In factually analogous cases, the A

463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases

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