463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases
463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases 463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases
(an eighth of an·ounce of cocaine). (Tr. 2: 154.) Doctor Wartenberg testified to his understanding as to the difference between powder and crack cocaine and how it is consumed. (Tr. 2: 154-156.) He testified that the cocaine seized from Raymond Mendes' bedroom was consistent with personal use and could be ingested in a number of ways. (Tr. 2: 156-158.) Raymond Mendes testified on his own behalf and said he had been living in the second floor apartment at 98 Albion Street with his brother Ronald, Ronald's girlfriend, and their friend Mike, paying a rent of approximately $950-$1,000 per month. (Tr. 2: 181-182.) The defendants were the only occupants of the apartment who contributed to the rent and they paid.with either a money order or cash. (Tr. 2: 182.) The gas and electric for the third floor apartment was running off the defendants' line, so the third floor residents gave the defendants money for the utilities each month. (Tr. 2: 183.) Raymond Mendes testified that he stored this money under his bed or in his closet. (Tr. 2: 183-184.) He testified the money seized from his dresser was for rent. (Tr. 2: 215.) Raymond Mendes also testified that he had three sons. (Tr. 2: 187.) His son Rick was into the music 12
scene and frequently recorded music at a recording studio in Everett, Massachusetts. (Tr. 2: 188-189.) He asserted that the notebooks seized by Detective Hyde were not drug ledgers, but rather were used to keep track of the money the defendants' friends donated to them to buy studio time for Rick (:i,.e., "Rick the Ruler"). (Tr. 2: 190-191, 193.) Raymond Mendes claimed that he hosted parties to make a "sales pitch" to donate money for Rick's studio time. (Tr. 2: 191.) When one of Raymond's friends promised him money for studio time, he would write the name and the money that person owed him in the notebooks. (Tr. 2: 192, 194.) Raymond Mendes also testified that he purchased one ounce of marijuana per week, and that he would roll up the marijuana in a "blunt" cigar, sprinkle cocaine on top, and smoke it. (Tr. 2: 195.) Ronald Mendes testified on his own behalf as well, and claimed that he was working for his uncle at "You Call, We Haul," where he was paid $12 an hour; he claimed that he would cash his check when paid and hide the money in various places in his bedroom. (Tr. 2: 219-221.) He, too, testified that he smoked marijuana, in "blunts" like his brother, every day, upwards of four times a day, and used cocaine three times a week. 13
- 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 and 12: The defendants moved to suppress ev
- Page 13: in a primarily residential neighbor
- Page 17: informants are used in drug investi
- 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
(an eighth of an·ounce of cocaine). (Tr. 2: 154.)<br />
Doctor Wartenberg testified to his understanding<br />
as to the difference between powder and crack cocaine<br />
and how it is consumed. (Tr. 2: 154-156.) He<br />
testified that the cocaine seized from Raymond Mendes'<br />
bedroom was consistent with personal use and could be<br />
ingested in a number of ways. (Tr. 2: 156-158.)<br />
Raymond Mendes testified on his own behalf and<br />
said he had been living in the second floor apartment<br />
at 98 Albion Street with his brother Ronald, Ronald's<br />
girlfriend, and their friend Mike, paying a rent of<br />
approximately $950-$1,000 per month. (Tr. 2: 181-182.)<br />
The defendants were the only occupants of the apartment<br />
who contributed to the rent and they paid.with either a<br />
money order or cash. (Tr. 2: 182.) The gas and<br />
electric for the third floor apartment was running off<br />
the defendants' line, so the third floor residents gave<br />
the defendants money for the utilities each month.<br />
(Tr. 2: 183.) Raymond Mendes testified that he stored<br />
this money under his bed or in his closet. (Tr. 2:<br />
183-184.) He testified the money seized from his<br />
dresser was for rent. (Tr. 2: 215.)<br />
Raymond Mendes also testified that he had three<br />
sons. (Tr. 2: 187.) His son Rick was into the music<br />
12
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