Commonwealth v. Madera

920 N.E.2d 312, 76 Mass. App. Ct. 154, 2010 Mass. App. LEXIS 82, 2010 WL 188736
Massachusetts Appeals Court·Decided January 22, 2010·No. No. 08-P-1391·Published·Cited by 11 cases

Opinion

Fecteau, J.

The defendant appeals from his convictions by a District Court jury of unlawful possession of marijuana with intent to distribute, G. L. c. 94C, § 32C, and a controlled substance violation in a school zone, G. L. c. 94C, § 32J. He makes the following arguments on appeal. The defendant first argues that the judge erred in admitting drug certificates of analysis without testimony from an analyst. Next, with respect to the admission of expert testimony, he contends both that the testimony improperly exceeded its permissible bounds and that his counsel was ineffective for not objecting to it. Finally, he argues that his motion for a required finding of not guilty should have been granted because there was insufficient evidence of his possession of the marijuana. We affirm.

1. Background facts. Based on the evidence presented by the Commonwealth at trial, the jury could have found the following facts. On the evening of April 27, 2006, Lawrence police officers executed a search warrant at 294 Howard Street. As one officer knocked at the front door and announced the officers’ presence, dogs were heard barking inside, and the officer asked that the dogs be secured. The officer heard people running around inside, but the door remained closed and the dogs unsecured. An entry team member at the apartment’s back door tried the doorknob and found it open, and the officers entered the kitchen. Three pit bulls charged the police. Police subdued the dogs and secured the “very chaotic scene,” which entailed leading people out of the apartment, some in handcuffs. There were approximately eight people in the apartment including the defendant1 and his girlfriend, Darlene Choate.2

During the execution of the warrant, the police thoroughly [156] searched the master bedroom at 294 Howard Street. They opened a sliding door to a headboard compartment of the bed and found a shoe box containing a plastic bag filled with vegetable matter (later identified as marijuana), a scale, a box of sandwich bags, and $465 in United States currency. They discovered an additional bag of marijuana between the mattress and the box spring of this bed and three other bags, one large and two smaller, near the bed. On a dresser, the officers also found two smoked “blunts,” marijuana wrapped in cigar leaves, and several smoked “roaches,” marijuana cigarettes. The defendant’s driver’s license — listing an address in Methuen — was also found on a nearby dresser in the master bedroom. All residents of 294 Howard Street, including Choate’s seventeen and twenty-two year old sons, had regular access to the bedroom that she often shared with the defendant.

Although Choate testified that she was not aware of the marijuana and other paraphernalia found in her bedroom, she further testified that the money found there by police on April 27, 2006, did belong to her, as “[she’s] the only one that has money in the house.”3 Also, according to Choate, at the time of her arrest in April, 2006, she smoked marijuana daily and received it from the defendant.

2. Drug certificates of analysis. As part of its case-in-chief, the Commonwealth introduced three drug certificates to prove that the substances found in the bedroom were, in fact, marijuana.4 The admission of these certificates, without testimony from the analyst, was constitutional error and violated the defendant’s right to confront witnesses under the Sixth Amendment to the United States Constitution. Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (2009) (holding that admission of drug certificates of analysis, without opportunity for cross-examination, violates confrontation right under Sixth Amendment to United States [157] Constitution). The defendant objected to the admission of the certificates; thus, we review whether this error was harmless beyond a reasonable doubt. In making this determination, we ask “whether there is a reasonable possibility that the evidence complained of might have contributed to the conviction.” Commonwealth v. Perez, 411 Mass. 249, 260 (1991), quoting from Chapman v. California, 386 U.S. 18, 24 (1967). See Commonwealth v. Sinnott, 399 Mass. 863, 872 n.8 (1987).5 The Supreme Judicial Court has enumerated the following factors that may be considered when making such a determination: “(1) the relationship between the evidence and the premise of the defense; (2) who introduced the issue at trial; (3) the weight or quantum of evidence of guilt; (4) the frequency of the reference; and (5) the availability or effect of curative instructions.” Commonwealth v. Isabelle, 444 Mass. 416, 419 (2005), quoting from Commonwealth v. Mahdi, 388 Mass. 679, 696-697 (1983). See Commonwealth v. Diaz, 453 Mass. 266, 275 (2009). “These factors are not exclusive or exhaustive. . . . Nevertheless, this scoreboard method to distinguish harmless from harmful error is useful.” Commonwealth v. Mahdi, supra at 697.

Viewing these factors as a whole, we are persuaded that the Commonwealth met its burden of showing that the erroneous admission was harmless beyond a reasonable doubt. While the second of the five factors weighs against the Commonwealth (because the Commonwealth introduced the drug certificates), the remaining three relevant factors6 weigh strongly against the [158] defendant. Based on our review of all the evidence, we conclude that the admission of the certificates was harmless beyond a reasonable doubt.

Turning to the first factor, which pertains to the relationship between the evidence and the defense, the defense theory was that the defendant did not possess the substance in question. The defendant did not challenge the nature of the substance but contended that the bags of marijuana found in the bedroom did not belong to him.7

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Commonwealth v. Madera, 920 N.E.2d 312, 76 Mass. App. Ct. 154, 2010 Mass. App. LEXIS 82, 2010 WL 188736 (Mass. Ct. App. 2010).

920 N.E.2d 312 (Commonwealth v. Madera) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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