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Rosario buying Heroin

A Massachusetts man was sentenced Tuesday to more than seven years in federal prison for supplying heroin to a network of dealers who transported heroin from Lawrence, Massachusetts, to buyers in Maine. Acting U. Attorney Richard W. Murphy said in a statement that Victor Rosario, 32, of Lawrence was sentenced in U. Upon his release from prison, Rosario was ordered to be placed under four years of supervised release. Rosario pleaded guilty in January to the charge of conspiring to distribute heroin. According to court records, he regularly supplied heroin to several Maine residents between July and January Those residents transported the highly addictive drug to Maine, where they distributed it to associates and customers. Federal agents later arranged for the covert purchase of heroin from Rosario in Lawrence, leading to his arrest.

Police Report Breaking Up Rings Selling Drugs in Two Boroughs

Rosario buying Heroin

Controlled Substances. Practice, Criminal, Identification of defendant in courtroom, Required finding, Disclosure of evidence. Constitutional Law, Identification. Due Process of Law, Identification. Evidence, Identification, Chain of custody, Disclosure of evidence, Cross-examination. At a criminal trial, there was no error in the admission of the in-court identification of the defendants by a confidential informant, where there was nothing suggestive or unreliable about the witness's opportunity to observe the defendants during a controlled drug purchase that would create a substantial likelihood of irreparable misidentification in court. At the trial of criminal complaints charging distribution of heroin, a drug violation near a school or park, and possession of heroin, the testimony by a police officer about how and where he seized the heroin, his retention and delivery of it to the State police forensic services group, and its identity and quantity was sufficient to permit a fact finder to conclude that the evidence seized was in fact collected from the defendants during a controlled drug purchase, that they knowingly distributed the heroin, and that one defendant knowingly possessed it. At the trial of a criminal complaint charging, inter alia, a drug violation near a school or park, there was no error in the admission of a map and related testimony, despite the Commonwealth's failure to provide the defendant with pretrial notice of the map; moreover, even if there had been error, it would not have been unfairly prejudicial. In this consolidated appeal, the defendants, Carlos Rosario and Lylibeth Rosario, appeal from their convictions for distribution of heroin in violation of G. In addition, Carlos \[Note 2\] was charged with possession of heroin in violation of G. The defendants filed a motion in limine to exclude any in-court identification of the defendants, which was denied. They argue that the trial judge committed error by admitting the confidential informant's in-court identification in the absence of any pretrial identification procedure. They also argue that the chain of custody was inadequate to connect the drug evidence presented at trial to this case and, therefore, the evidence was insufficient to prove the drug charges beyond a reasonable doubt. Lylibeth also argues that she was not given pretrial notice of a map offered by the Commonwealth and admitted in evidence that supported the school zone charge. We affirm both defendants' convictions. On May 15, , the Lawrence police department's drug enforcement unit unit was conducting supervised controlled buys with the assistance of a paid confidential informant named William Demers. Detective Carmen Purpora searched Demers and the female who accompanied him for money and contraband before each controlled buy and then gave Demers marked currency to complete the drug transactions. Detective Purpora and Demers agreed that Demers would take off his hat and place it by his side to signal that a drug transaction had taken place. That morning, Demers and the unit completed two controlled buys between A. At around P. Demers, who was under surveillance by the unit, exited his car and stood beside it for about ten minutes before he was approached by Carlos. Carlos initiated the drug transaction and asked Demers to follow him to a house across the street at Water Street. Detective Purpora and Demers saw a woman standing outside the house who was later identified as Lylibeth, Carlos's mother. Carlos, Lylibeth, and Demers walked inside the house to the kitchen where Carlos asked Lylibeth to give Demers the drugs. Lylibeth left the room and returned a minute later with a scale and a bag of heroin. Demers gave twenty dollars to Carlos for the bag. Demers was in the house for approximately three to four minutes. After leaving the house, Demers signaled to the unit that a drug transaction had occurred. Following the controlled buy, Demers drove to a prearranged location where Demers, the woman accompanying him, and his vehicle were all searched. At that time, Demers handed Detective Purpora a plastic bag containing a brown substance that the detective believed was heroin. Detective Purpora radioed other officers and told them to place the defendants in custody. When Carlos was placed in custody, the police found two additional plastic bags containing brown powder in his possession. Later that day, Detective Purpora brought the three plastic bags of brown powder to the Lawrence police department. There, he logged the narcotics on an evidence sheet, placed the narcotics into a heat sealed bag, put the sealed bag into a yellow manila envelope, and placed that envelope into an evidence locker. At trial, Detective Purpora testified that the manila envelope was labeled with the log number referring to the case, , the names of both defendants, and his name. Log number also corresponds to a detailed police report of the controlled buy. Sarah Clark, a scientist in the Massachusetts State police forensic services group, testified that on August 5, , she analyzed the samples from the evidence seized at the controlled buy and confirmed they contained heroin and cocaine. Lawrence city engineer Theodoro Rosario testified that the distance between the house at Water Street and the Boys and Girls Club at Water Street is fifty feet, indicating that it was within a school zone. In-court identification. The defendants' pretrial motion in limine to exclude their in-court identification by Demers was denied. They appeal, arguing that the new standard for in-court identification established in Commonwealth v. Crayton, Mass. The Supreme Judicial Court announced a prospective rule in Crayton to be applied in trials that commence after the issuance. See id. Because the defendants' trial took place before the issuance of Crayton, the prospective rule does not apply and, instead, we evaluate the alleged errors under the law at the time of the trial. See Commonwealth v. Bastaldo, Mass. Nevertheless, such isolation does not, in itself, render the identification impermissibly suggestive. Napolitano, Mass. Prior to Crayton, long standing case law held that an in-court identification was excluded only where 'it is tainted by an out-of-court confrontation. Carr, Mass. Choeurn, Mass. See Simmons v. United States, U. Here, the first time Demers made a formal identification of the defendant was in court during his testimony. Demers' only out-of-court encounter with the defendants took place during the controlled buy. Demers met Carlos on the street outside of his home in broad daylight then proceeded to his apartment where he spent three to four minutes with Carlos and Lylibeth while completing the drug transaction. Demers spoke with both defendants and had an opportunity to view them from both inside and outside the house for an extended period of time. There was nothing suggestive about the controlled buy with the defendants that would create a substantial likelihood of irreparable misidentification in court. The defendants also argue that even if Crayton is not applied, '\[c\]ommon law principles of fairness dictate that an unreliable identification arising from. Jones, Mass. As discussed above, there was nothing unreliable about Demers' opportunity to observe the defendants. Other arguments regarding the in-court identifications relied on by the defendants, 'but not discussed in this opinion, have not been overlooked. We find nothing in them that requires discussion. Domanski, Mass. There was no error in the admission of Demers' in-court identification. Sufficiency of evidence. The defendants moved for a required finding of not guilty at the close of all of the evidence. Additionally, Carlos filed a posttrial motion for required findings. In reviewing the denial of a motion for a required finding, we examine the relevant evidence in the light most favorable to the Commonwealth and ask whether 'any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Latimore, Mass. Chain of custody. The defendants argue that there was an insufficient chain of custody to connect the substance seized from the controlled buy to the heroin presented at trial. In reviewing the sufficiency of the evidence, we must determine whether the evidence presented supports a finding that the defendants knowingly or intentionally distributed heroin and whether Carlos knowingly possessed heroin. Detective Purpora testified that he conducted two other controlled buys on May 15, , culminating with the one in question. He stated that the controlled buy from the defendants took place at Water Street at around P. However, the evidence submission form, which was completed to accompany the contraband to the laboratory, referred to the general time and area where the controlled buys were conducted as P. Detective Purpora, however, had distinguished the three bags seized from the defendants from the contraband seized at the other controlled buys by writing the defendants' names on the envelope containing the heroin. Clark analyzed the contents of the envelope with the defendants' names on it and confirmed that the plastic bags seized were in fact heroin. An item of real evidence must be authenticated or identified as the thing the proponent represents it to be. LaCorte, Mass. Andrews, Mass. Herring, 66 Mass. Detective Purpora testified about where and how he seized the heroin. He also testified about the retention of the heroin and the delivery of it to the Massachusetts State police forensic services group. Finally, Clark testified as to its identity and quantity. The evidence is sufficient to permit a finder of fact. Viriyahiranpaiboon, Mass. The judge allowed the defendant to suggest to the jury in his opening statement, in cross-examinations of multiple witnesses, and in his closing argument that the alleged defect in the chain of custody should result in an acquittal. This testimony was sufficient to permit a finder of fact to conclude that the defendants committed the charged offenses. School zone violation. Finally, Lylibeth argues that the judge erred by allowing the Commonwealth to admit a map and expert testimony about the map because the Commonwealth did not provide notice of its intent to do so. The defendant preserved the issue for appeal with a timely objection. Therefore we review the error, if any, to determine if it prejudiced Lylibeth. Cruz, Mass. The Commonwealth did not provide the defendants with pretrial notice of the map that was admitted in evidence through the city engineer's testimony. However, the defense had the opportunity to extensively cross-examine the engineer about the map certification process as well as the reliability of the map. Molina, Mass. Additionally, it is unlikely the defendant could show prejudice in light of the fact that she was on notice from the time of her indictment that the Commonwealth intended to prosecute the school zone violation. Stote, Mass. In measuring prejudice to a defendant when the prosecution has delayed its disclosure of evidence prior to trial, 'it is the consequences of the delay that matter, not the likely impact of the nondisclosed evidence. Wilson, Mass. Furthermore, the Commonwealth outlined the anticipated substance and basis of the engineer's testimony in their opening statement and Lylibeth did not object. We conclude there was no error in the admission of the map.

Rosario buying Heroin