463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases

R.A. 2-4; RayM. R.A. 3-6.) The defendants filed timely
notices of appeal. (RonM. R.A. 45; RayM. R.A. 7.)
While the appeals were pending, the United States
Supreme Court held that certificates of drug analysis,
admitted pursuant to G. L. c. 111, § 113, fell within
the "core class of testimonial statements" that trigger
confrontation clause protections. Melendez-Diaz v.
Massachusetts, 129 S.Ct. 2527, 2532 (2009), quoting
from Crawford v. Washington, 541 U.S. 36, 51 (2004).
On December 28, 2010, a divided panel of the
Appeals Court reversed. Commonwealth v. Mendes, 78
Mass. App. Ct. 474 (2010).
On March 2, 2011, this Honorable Court allowed the
Commonwealth's application for further appellate review.
Commonwealth v. Mendes, S.J.C. No. FAR-19456.
On March 9, 2011, the case was entered on the
docket of the Supreme Judicial Court.
Statement of the Facts
The Commonwealth's Case
On October 21, 2006, the defendants, Raymond and
Ronald Mendes, were living in the second floor
apartment located at 98 Albion Street in Somerville,
Massachusetts. (Tr. 1: 90-91, 95.) 98 Albion Street
consists of a three-apartment dwelling house, located
4