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Massachusetts Drug Convictions Against Two Somerville Brothers Overturned

By Altman & Altman

Saying that the constitutional rights of Raymond and Ronald Mendes were violated during trial, Massachusetts?s Appeals Court has overturned their drug convictions: possession of marijuana with intent to distribute, possession of cocaine with intent to distribute, and drug violation in a school or park zone. Raymond also had been convicted of possession of ecstasy. The court, however, in its 2-1 ruling determined that the drug analysis certificates presented during trial were not enough to prove that the substances confiscated from their apartment were in fact marijuana, cocaine, and ecstasy. Police seized what they thought were illegal drugs from the brothers? home on October 21, 2006. The court, however, is now saying that the defendants should have had an opportunity to question the chemists that tested the drugs taken from their residence and that not having the chance to cross-examine the chemical analyst that prepared the certificates of drug analysis was a violation of the brothers? rights per the Sixth Amendment to the United States Constitution?s confrontation clause...continue to full post

Full post as published by Boston Criminal lawyer Blog on December 28, 2010 (boomark / email).