The Massachusetts Appeals Court, in Commonwealth v. Deniz overturned a conviction of drug trafficking relying on the Melendez-Diaz decision of the United States Supreme Court to hold that the Commonwealth failed to prove the weight of the narcotics and that the substance was in fact an illegal narcotic.
A conviction of drug trafficking in Massachusetts requires that the Commonwealth prove that the defendant possessed over a certain quantity of cocaine or other illegal narcotics. A Massachusetts drug offense based on trafficking begins with possession of over 14 grams; the sentence is then increased depending on whether the amount is over 28 grams, 100 grams or 200 grams. Any possession with the intent to distribute less than 14 grams is a distribution charge that would be prosecuted in district court as comparing to trafficking cases which are heard in the superior court.
Additionally, the court found that without the drug certification the Commonwealth failed to prove that the substance was cocaine. Since Melendez-Diaz, the court has found in numerous cases that the admission of the drug certificate was harmless error by holding that the officer was permitted to testify that based on training and experience that the officer could identify the substance as an illegal narcotic. The court has also relied on admissions of defendants to find that the admission of the drug certificate was harmless error. In Depina, the Commonwealth did not offer testify as to the officer's training and experience to make the admission of the drug certificate harmless error.
Michael DelSignore is a skilled and experienced criminal trial lawyer in Massachusetts, defending cases of drug possession and distribution, assault and battery, OUI/DUI and other misdemeanor and felony offenses. Call for a free consultation at 508-455-4755 or send an email.
