463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases

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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
in a primarily residential neighborhood in Somerville. (Tr. 1: 90.) The Albion Street Playground is located in that neighborhood, directly across the street from 98 Albion Street. (Tr. 1: 91-92.) The Albion Street Playground is maintained by the City of Somerville for the use of the public. (Tr. 1: 92.) The park has a basketball court, monkey bars and other apparatus, where children play. (Tr. 1: 91-92, Tr. 2: 126.) At approximately 7:00a.m., Somerville Police Detective James Hyde along with other police officers, executed a search warrant at the defendants' apartment. (Tr. 1: 92-93.) Raymond Mendes was located near the rear bedroom of the residence. (Tr. 1: 94.) Ronald Mendes was located in his bedroom, with his girlfriend Phanny Neov. (Tr. 1: 95-96.) petective Hyde provided a copy of the search warrant to the defendants and advised them of their Miranda rights. (Tr. 1: 96-97.) Detective Hyde then asked the defendants if drugs were located in the apartment. (Tr. 1: 97-98.) Raymond Mendes later said that he had marijuana. (Tr. 1: 98.) In Ronald Mendes' bedroom, the officers located a bag containing 1.46 grams of cocaine on his bureau; twelve bags of marijuana located in a shirt pocket in his closet; $943 in his closet; $158 on top of a 5
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 and 10: COMMONWEALTH OF MASSACHUSETTS SUPRE
Page 11: The defendants moved to suppress ev
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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