Commonwealth v. Alvarado
Commonwealth v. Alvarado
Opinion of the Court
*469We are called upon to address whether there was sufficient circumstantial evidence presented in this case to justify the judge's denial of the defendant's motion for required findings of not guilty. Concluding that the evidence was sufficient, we affirm the defendant's convictions.
Background. A jury convicted the defendant of distribution of a class B substance ( G. L. c. 94C, § 32A [a ] ) and committing a drug violation near a park ( G. L. c. 94C, § 32J ). At the close of evidence, the defendant moved for required findings of not guilty, which the judge denied.
*759The jury would have been warranted in finding the following facts. At approximately 1:45 P.M. on April 15, 2016, members of the Lawrence police department's narcotics unit were patrolling in the area of a park, in response to recent complaints about drug activity in the area, when a car with Maine license plates stopped alongside the park and the defendant got in the car. Based on their *470training and experience, the officers
Upon recovering the cocaine, that officer radioed another officer who was following the defendant and instructed him to arrest the defendant. The officer did so, and in a subsequent search of the defendant discovered fifty-six dollars in cash. Both the driver of the vehicle and the defendant were in view of police officers from the time the defendant entered the vehicle until the time each was arrested.
In addition to the testimony of the two officers, the jury also heard from a State police trooper who offered expert testimony regarding drug transactions. He opined that "the most common scenario" of a street-level drug transaction is that a person arrives from out of town, makes a telephone call to place an order, and is instructed to go to a certain location. Once there, either the drug dealer or a "runner" for that dealer will meet the buyer and "the delivery is usually concluded inside of the car, either while the car is moving or while it remains parked." The expert further testified that a "ride to nowhere," such as the brief ride the defendant was observed taking in the car, "very rarely [has] an explanation other than that it was a drug deal." Finally, the expert noted that a small amount of cocaine in Lawrence, such as was found in each of the twists held by the driver, is "as a general rule, [worth] between *471[twenty] and [thirty]" dollars.
Discussion. On appeal, the defendant contends that the evidence was insufficient to prove his distribution charge, and therefore, his motion for required findings of not guilty should have been allowed. In evaluating sufficiency, we must determine whether, after viewing the evidence in the light most favorable to the Commonwealth, " 'any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt' (emphasis in original)." Commonwealth v. Latimore,
Although the defendant's conviction of distribution was based entirely on circumstantial evidence, we conclude that the evidence before the jury, viewed in the light most favorable to the Commonwealth, was sufficient to allow a rational trier of fact to find the defendant guilty beyond a reasonable doubt. Under G. L. c. 94C, § 32A(a ), the Commonwealth bore the burden of proving that the defendant knowingly or intentionally distributed cocaine. Several pieces of evidence pointed to a drug transaction, including: the out-of-State license plate, the park's proximity to the highway, the "ride to nowhere," the brevity of the interaction between the defendant and the vehicle's driver, the vehicle's driver not immediately stopping the vehicle and moving conspicuously upon stopping, the money recovered from the defendant's person, the Lawrence police department's awareness of recent complaints of drug activity in the area of that park, and the recovery of cocaine from the driver. It is true that there are scenarios that could explain the defendant's behavior in a way that would not support his conviction. The Commonwealth, however, "need not exclude every hypothesis," and the evidence presented was sufficient to allow the case to reach the jury. Commonwealth v. Soto,
We conclude that, in this case, the Commonwealth presented "evidence from which a finder [could without speculation] infer the essential facts" to support the defendant's conviction. Soto, supra, quoting from Commonwealth v. Robinson,
Judgments affirmed.
The two arresting officers and the State trooper who testified as an expert all had extensive training and experience specific to drug transactions.
The officer testified that the car "traveled a little bit at first, and then it pulled over."
The parties stipulated that the substance recovered was cocaine.
While we conclude that there was sufficient evidence to allow the Commonwealth's case to go to the jury, we emphasize that the question whether to adopt or reject the Commonwealth's theory was properly left to the jury. Just as the jury were justified in convicting the defendant, they would have been similarly justified had they remained unpersuaded and acquitted him.
Dissenting Opinion
Because I conclude that the evidence of fifty-six dollars found in the defendant's possession and two "twists" of cocaine, valued *761between forty and sixty dollars, discovered in the hands of the driver of the car the defendant was seen entering and leaving, fails to substantiate, without more, that the defendant distributed drugs, even with the additional expert testimony regarding the usual modus operandi of narcotic exchanges in South Lawrence Common Park, I respectfully dissent.
One early April afternoon in South Lawrence Common Park, police, while stationed in an unmarked cruiser, observed the defendant enter the passenger's side of a car displaying Maine license plates. The car drove about 150 yards; it then stopped and the defendant got out. Neither the defendant nor the operator were known to police, and the police did not overhear any conversations or observe any hand movements or exchanges between the defendant and the operator before the defendant and the car's operator parted company.
The car began to drive away, but the police activated their cruiser's lights and siren, signaling the car's operator to stop the *473vehicle. The car continued for a short distance before stopping. As the officer approached the stopped vehicle, he observed the operator moving about in the car's interior, and so, for his safety, the officer ordered the operator to step out. The operator exited the vehicle with clenched fists containing two "twists" of cocaine.
Meanwhile, the defendant was walking away on foot. However, he was stopped five minutes later by a second officer, who learned from the first about the cocaine in the hands of the car's operator. The second officer searched the defendant and found fifty-six dollars in unspecified denominations on the defendant's person. There was no testimony that the bills were separated in any particular way.
The remainder of the Commonwealth's proof came from the testimony of a police expert, who testified to the general manner in which narcotics are bought and sold in Lawrence. The expert opined that out-of-State buyers "most common[ly]" do business in Lawrence by arranging to meet a seller of drugs or his "runner," to engage in an exchange during a short "ride to nowhere." The expert also testified that each cocaine twist sells for between twenty and thirty dollars.
The Commonwealth asserts, and the majority agrees, that the expert testimony regarding the usual pattern of narcotics sales in Lawrence, coupled with the discovery of the two twists of cocaine in the operator's possession and fifty-six dollars on the defendant's person is sufficient to support a rational juror in finding beyond a reasonable doubt that the defendant sold drugs to the car's operator. I disagree.
In cases such as this, where, in the absence of direct observations of a narcotics exchange, the Commonwealth relies on generalizations regarding the modus operandi of drug dealers, there must be more corroborative evidence than the mere discovery of a small quantity of cash on the purported dealer's person. See Commonwealth v. Sepheus,
Examples of cases where the Commonwealth overcame the lack of direct evidence of a drug transaction include the following. In Commonwealth v. Stephens,
By contrast, in cases with facts more analogous to the evidence in this case, the Supreme Judicial Court has held the evidence insufficient to support even a finding of probable cause of an intent to distribute. Commonwealth v. Levy,
Here, considering the elevated standard of proof required to sustain a criminal conviction, the inference that the defendant sold drugs simply because he possessed fifty-six dollars and the car's operator possessed two twists of cocaine is even less supportable. Contrary to the Commonwealth's assertions, it is not the defendant's burden to offer an explanation for his presence in the car. See Commonwealth v. Walker,
In the instant case, the evidence does not permit the inference that the car's operator was a consumer of drugs or that the defendant was the distributor of those drugs. See Commonwealth v. White,
While the expert here testified that "most common[ly]" out-of-State buyers come to Lawrence to purchase narcotics, that testimony did not exclude the possibility of the out-of-State operator's coming to Lawrence to sell drugs or for some other nefarious reason. The suggestion that South Lawrence Common Park's location provides easy highway access to out-of-State "buyers" is also equally applicable to an out-of-State operator looking to sell drugs. See, e.g., Commonwealth v. Saletino,
Furthermore, nothing about the automobile operator's possession of the two twists of cocaine distinguishes him as a consumer of drugs rather than a "seller" of drugs. Even though the car's operator did not stop immediately for the police and was observed moving about in the car, there was no evidence of his ingesting drugs, putting his fists towards his mouth in an attempt to ingest drugs, or being in possession of any drug ingesting paraphernalia. Accordingly, his possession is equally consistent with that of a seller of drugs. Contrast Commonwealth v. Dancy,
Similarly, the defendant's possession of fifty-six dollars does not, without more, give rise to a reasonable inference that he had just sold drugs. See Commonwealth v. Tripp,
Commonwealth v. Dancy, in particular, provides an example of the extent of corroborative evidence needed to properly support a conviction. There, police observed *764Dancy meet with a woman who had been anxiously awaiting his arrival. She was pacing up and down the street. The two met briefly and parted company after about one minute. Police next observed the woman ingesting drugs. That case also included expert testimony regarding the clandestine nature of street drug sales and, further, that cocaine sells in "denominations of ten dollars, twenty dollars, and higher." When Dancy was stopped shortly after the woman was observed consuming drugs, he was found in possession of three *477cell phones and $536, including one twenty dollar bill found crumpled in a pocket separate from the other monies. In that case, as we have noted, the woman's immediate ingestion of cocaine after her brief encounter with Dancy distinguished her as a buyer of drugs, and Dancy's possession of the three cell phones and a large sum of money, with one lone crumpled up twenty dollar bill in a separate pocket (suggesting that it had just been quickly stored away) gave rise to the reasonable inference that he had just sold drugs to the woman.
The mere possibility that the defendant may have sold drugs on that day is not enough. The evidence must be sufficient to satisfy a rational juror, beyond a reasonable doubt, that the defendant transferred drugs to the car's operator. Commonwealth v. Latimore,
"The officers found, in [the defendant's] lap, clear plastic bags with the tops knotted and corners cut off, with additional altered plastic bags in his pocket," and an expert explained that "dealers package cocaine in plastic bags by cutting off the corners." Commonwealth v. Stephens,
While there was testimony that a police car followed the defendant for about five minutes as he walked away, there was no testimony of police being able to observe the defendant's hands and mouth at all times.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.