Commonwealth v. Cruz-Gonzalez
| Decision Date | 30 November 2020 |
| Docket Number | Docket: 1977CR00469,Docket: 1977CR00467 |
| Parties | COMMONWEALTH v. RAMON CRUZ-GONZALEZ AND ISRAEL SANTIAGO ORTIZ |
| Court | Superior Court of Massachusetts |
Present: /s/Jeffrey T. Karp Associate Justice, Superior Court
County: ESSEX, ss.
Keywords: MEMORANDUM OF DECISION AND ORDER ON RAMON CRUZ-GONZALEZ'S MOTION TO SUPPRESS POLE CAMERA EVIDENCE (Paper No. 13 in No. 1977CR00467) AND ISRAEL SANTIAGO ORTIZ'S MOTION TO SUPPRESS POLE CAMERA EVIDENCE (Paper No. 22 in No. 1977CR00469)
On August 6, 2020, the Supreme Judicial Court ruled in Commonwealth v. Mora, 485 Mass. 360 (2020), for the first time that the surveillance of a person's residence by police for more than two months by use of a pole camera is a "search" under Article 14 of the Massachusetts Declaration of Rights and, prospectively, requires a search warrant. Id. at 376. In this case, the parties ask the Court to determine if the surveillance of three residences by police using pole and car cameras for at least 23 days is a "search" under Article 14 and, if so, whether the Commonwealth met its burden under Mora to establish that the officers had probable cause when they installed each of the cameras.
As the result of a long-term investigation by police of a sophisticated drug trafficking organization that allegedly operated in Lawrence and Methuen, the Commonwealth obtained indictments against defendants Ramon Cruz-Gonzalez ("Cruz-Gonzalez") and Israel Santiago Ortiz ("Santiago Ortiz"), and fifteen other members of the alleged drug trafficking organization. Cruz-Gonzalez and Santiago Ortiz are charged with drug trafficking and firearms offenses arising from the long-term police investigation. They have each moved to suppress evidence generated from pole and car cameras used by police to surveil two homes in Lawrence, located at 47 Exchange St. and 2 Railroad St., and a home in Methuen, located at 96 Boston Street. More specifically, Cruz-Gonzalez and Santiago Ortiz seek to suppress the camera footage and police observations thereof, which the police used to obtain search warrants for the three homes.
On November 10, 2020, the Court conducted an evidentiary hearing on Cruz-Gonzalez's Supplemental Memorandum Of Law In Response To The Court's Procedural Order No. 1 (Paper No. 13 in No. 1977CR00467) ("RCG Motion") and Santiago Ortiz's Motion To Reconsider Denial Of Defendant's Motion To Suppress After Commonwealth v. Mora (Paper No. 22 in No. 1977CR00469) ("ISO Motion"), which the Court is treating as motions to suppress pole (and car) camera evidence.1 The Court received one exhibit in evidence: the (supplemental) Affidavit of Robert C. Noonan ("Supplemental Affidavit").
As is fully explained below, after thorough consideration of the Supplemental Affidavit, the parties' submissions, and arguments of counsel, the RCG Motion and the ISO Motion are DENIED.
The Court makes the following findings from the facts set forth in the Supplemental Affidavit and reasonable inferences drawn therefrom.2
In spring 2017, Trooper Robert Noonan ("Noonan") and Sgt. Daniel Clemens ("Clemens") of the Massachusetts State Police ("MSP"), and other investigators began investigating a narcotics distribution network in the Lawrence area. The initial target of the investigation was Robinson Adames Abreu ("Adames Abreu"), who investigators suspected was selling fentanyl, heroin, and cocaine in the Lawrence area. Investigators learned cellular telephone numbers used by Adames Abreu and identified "runners" he used to deliver narcotics to buyers.
Clemens eventually arranged and conducted eleven undercover purchases of narcotics from Adames Abreu and his runners. Investigators learned two locations they suspected Adames Abreu used to distribute and store ("stash") drugs: an auto body garage located at 333 Methuen St., Lawrence ("Garage") and an apartment at 46 — 48 Cypress Ave., Methuen.
On March 25, 2019, investigators obtained an order from a Superior Court judge ("Judge")3 that authorized the interception of communications over a cellular telephone number (i.e., a "wiretap warrant") used by Adames Abreu. Immediately thereafter, investigators intercepted communications during which Adames Abreu engaged in the distribution of narcotics.4
Through the intercepted communications, investigators quickly identified Alberto Santana ("Santana") as one of Adames Abreu's narcotics suppliers. For example, on March 26, 2019, investigators intercepted communications between Santana and Adames Abreu during which Adames Abreu requested additional time to pay Santana money for a previous narcotics purchase, and Santana told Adames Abreu that he (Santana) needed additional time to obtain more narcotics to resupply Adames Abreu.
On April 8, 2019, the Judge renewed the wiretap warrant for Adames Abreu's telephone number, and authorized wiretap warrants for a cellular telephone number used by Santana and another number used by Adames Abreu.
In late March and April 2019, investigators reasonably determined from intercepted communications that Santana was a member of a highly organized, sophisticated drug trafficking organization ("DTO") and that Santana's source of the narcotics he sold to Adames Abreu came from members of the DTO. Officers also learned at this time that Santana collected money from Adamas Abreu on behalf of the DTO.
In April and May 2019, investigators intercepted communications during which Santana arranged the purchase and sale of narcotics, and regularly coordinated drug distribution activities, with Jocheiry Acevedo-Hernandez ("Acevedo-Hernandez") and Nelson Galan ("Galan"), who investigators identified as members of the DTO.
Officers learned that Acevedo-Hernandez and Galan used separate units in an apartment building located at 572 — 574 Essex St., Lawrence ("Building") to conduct their drug trafficking activities.5 By mid-May 2019, officers determined that the DTO used three apartments inside the Building as its operational center.
Moreover, in early May 2019, officers learned from intercepted communications that Acevedo-Hernandez played a significant role in the DTO, especially as a narcotics "mixer," and that he mixed and package narcotics inside an apartment in the Building. Officers heard numerous conversations between Acevedo-Hernandez and Santana during which Santana requested Acevedo-Hernandez to package specific quantities of narcotics for sale (e.g., "six and a half on one and 500 in the other"). Officers observed Santana engage in conduct that reasonably led them to believe that he brought narcotics to and from Acevedo-Hernandez at the Building for mixing and packaging for sale. During conversations intercepted by police in early May 2019, Acevedo-Hernandez and Santana spoke of "Ramon," later identified as Cruz-Gonzalez, as being the source of money used to procure narcotics for DTO distribution efforts.
On May 6, 2019, the Judge renewed authorization to continue to intercept communications over telephone numbers used by Santana and Adames Abreu, and authorized wiretap warrants for telephone numbers used by Acevedo-Hernandez and Galan during previously intercepted DTO communications. Thereafter, beginning May 7, 2019, officers intercepted communications by Acevedo-Hernandez and Galan during which they coordinated drug trafficking activities among suspected members of the DTO and drug buyers.
Also on May 6, 2019, investigators intercepted communications between Acevedo-Hernandez and Santana in which Acevedo-Hernandez told Santana, "Ramon needs one." Shortly thereafter, officers observed Santana travel to a "stash" location, enter and quickly exit that location carrying a black bag, arrive at the Building, and ask Acevedo-Hernandez to let him in the Building. Acevedo-Hernandez told Santana to call "Ramon" at the barbershop (located in the bottom of the Building) and then directed Santana to go to the sixth floor of the Building.
The following day (May 7), Santana contacted Acevedo-Hernandez and coordinated payment for the previous day's drug transaction. Acevedo-Hernandez told Santana to go to the second floor of the Building. Shortly thereafter, investigators observed Santana exit the Building and drive away. In addition, on May 10, 12, and 14, 2019, officers intercepted Cruz-Gonzalez directing Acevedo-Hernandez about the mixing (i.e., "cutting"), testing, potency (purity), packaging, and storage of narcotics.
On May 17, 2019, officers intercepted a call received by Galan from Michael Figueroa ("Figueroa") during which Figueroa ordered a "thirty" (i.e., a kilo of cocaine for $30,000), and coordinated the time and place of the transaction. Galan commented that the time chosen for the drug exchange was good because it would be during a police shift change. On May 18, Figueroa and Galan confirmed the time of the drug transaction and Galan told him to take the elevator to the third floor when he arrived at the Building for the transaction. Later that day, investigators observed Figueroa arrive at, and enter, the Building at the allotted time. Investigators further observed Figueroa exit the Building and drive away. Officers stopped Figueroa's vehicle and seized a kilogram of cocaine.
By mid-May 2019, investigators reasonably believed that Cruz-Gonzalez was a leader of the DTO.6 Further, by May 20, 2019, investigators reasonably believed that a man Cruz-Gonzalez and others referred to as "Simpson," who police later identified as Santiago Ortiz, handled the DTO's bookkeeping and finances at Cruz-Gonzalez's direction. On May 21, 2019, the Judge authorized the collection of "p...
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