Commonwealth v. Jeannis
Commonwealth v. Jeannis
Opinion of the Court
The defendant appeals from his 2010 convictions of possession of a class B substance (cocaine) with intent to distribute
On appeal the defendant's sole argument is that the motion judge abused his discretion in denying the new trial motions without first holding an evidentiary hearing. "The decision to hold an evidentiary hearing on a motion for a new trial is 'left largely to the sound discretion of the judge.' Only when the motion and affidavits raise a 'substantial issue' is an evidentiary hearing required." Commonwealth v. Vaughn,
We see no abuse of discretion in the judge's conclusion that the defendant's motions did not make a showing of a "substantial issue" warranting a hearing. For essentially the reasons ably stated by the judge, we agree that the expert affidavit submitted by the defendant failed to identify a sufficient nexus between irregularities at the Hinton lab and the defendant's case to create a substantial issue suggesting justice may not have been done in this case.
In particular, the expert affidavit did not suggest that discredited chemist Annie Dookhan was in any way involved in the testing of the substances seized from the defendant. The affidavit suggested that chemist Stacy Feiden Desjardins, who was involved in such testing as a primary chemist, failed to correct or perhaps even notice an error made by another individual in processing drug evidence in another case several months prior to the testing Desjardins performed in this case. But the expert affidavit did not allege that Desjardins commonly made such errors in other cases, let alone in the defendant's own case. Finally, the expert affidavit alleged that Desjardins had forged the initials of the confirmatory chemist, Della Saunders, on the drug powder analysis forms in the defendant's case. But, as the judge noted, the expert who submitted the affidavit did not purport to have any expertise in handwriting analysis, as opposed to chemistry; moreover, Saunders testified at the defendant's trial that she had performed the confirmatory testing on substances provided by Desjardins in this case, and had determined that they contained cocaine.
We add two points. First, the defendant's new trial motions were weakened by his failure to attach affidavits from trial counsel or the defendant himself indicating how, if at all, the evidence of irregularities at the Hinton lab would have affected the trial strategy in this case.
Judgments affirmed.
Order denying motion for new trial and amended motion for new trial affirmed.
The defendant was found not guilty on the indictment alleging that this was a subsequent offense.
Testing of the oxycodone was performed by other chemists.
Trial counsel's closing argument focused on the claimed lack of evidence that the defendant was engaged in selling the fifteen rocks of crack cocaine and the oxycodone found in his apartment, as well as the possibility that they belonged to his former girl friend. Counsel conceded that the defendant was "guilty of possession of [the] eight rocks" of crack cocaine found in his sock.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.