Commonwealth v. Martinez
| Decision Date | 21 August 2020 |
| Docket Number | Docket: 1977CR00468 |
| Parties | COMMONWEALTH v. RAUL MARTINEZ |
| Court | Massachusetts Superior Court |
Present: /s/Jeffrey T. Karp Associate Justice, Superior Court
County: ESSEX, ss.
Keywords: MEMORANDUM OF DECISION AND ORDER ON DEFENDANT'S MOTION TO DISMISS (Paper No. 17)
On September 25, 2019, the Grand Jury returned four indictments against defendant Raul Martinez ("Martinez")
On July 23, 2020, the Court conducted a hearing on Defendant's Motion To Dismiss ("Motion") wherein he seeks the dismissal of all four of the indictments. (Paper No. 17). Martinez argues that the Commonwealth failed to present sufficient evidence to the Grand Jury to support a finding of probable cause that he committed the offenses charged in the indictments and that the indictments must be dismissed pursuant to Commonwealth v. McCarthy, 385 Mass. 160 (1982).
As explained below, after thorough consideration of the transcripts of the Grand Jury proceedings, the Grand Jury exhibits, the submissions of the parties, and the arguments of counsel, the Motion is ALLOWED.
The Commonwealth presented evidence to the Grand Jury on the following dates: August 7 and 22, and September 5, 11, 12, and 25, 2019. The evidence included the testimony of two witnesses1 and the submission of 62 exhibits. The exhibits included transcripts of communications intercepted by the investigators, photographs, certificates of drug analyses, ballistics certificates, bank records, etc.
The following is a summary of evidence presented by the Commonwealth to the Grand Jury that is material and relevant to the Court's determination of the Motion.2
In fall 2017, Noonan and other investigators from the MSP and Drug Enforcement Administration ("DEA") began investigating a narcotics distribution network in the Lawrence area. Noonan and Sgt. Daniel Clemens ("Clemens") were the co-case officers leading the investigation.3 The initial target of the investigation was Robinson ("Papa") Adames Abreu ("Abreu"), who investigators suspected was selling fentanyl, heroin, and cocaine in the Lawrence area. Investigators learned cell phone numbers used by Abreu and identified "runners" he used to deliver drugs to buyers. Investigators also learned two locations 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.4
Clemens eventually arranged eleven undercover purchases of drugs (heroin, fentanyl, and cocaine) from Abreu between November 6, 2017, and March 14, 2019.5 All occurred in Lawrence. Abreu was present for some of the drug sales and his runners conducted the other transactions.6 Some of the controlled buys occurred near the Garage.
Expansion Of Investigation Via Wiretaps, GPS Tracking Devices, Etc.
On March 25, 2019, investigators obtained a wiretap search warrant for a phone number used by Abreu during the controlled buys. This allowed investigators to listen to conversations and read text messages conducted on the cell phone associated with that phone number.
Beginning on March 26, 2019, investigators intercepted numerous daily communications during which Abreu coordinated the purchase and sale of narcotics. Over the course of the next several weeks, investigators obtained wiretap warrants for numerous phones associated with Abreu, his runners, his drug suppliers, and many other members of his drug distribution network.7
For example, on March 26, 2019, investigators intercepted many calls made to Abreu during which Abreu arranged the sale of large amounts of narcotics and coordinated the delivery of drugs with Jose Lugo-Garcia ("Lugo-Garcia"). Subsequently, investigators intercepted many communications between Abreu and Lugo-Garcia during which they coordinated the sale of narcotics.
Investigators obtained search warrants that allowed them to affix GPS tracking devices on vehicles used by Abreu, Lugo-Garcia, and Jhonny Mota-Rodriguez, another of Abreu's runners identified by investigators. They also obtained CSLI and other data regarding cell phones used by them and installed pole cameras outside several locations associated with drug distribution activities. The tracking devices, CSLI, pole cameras, and wiretaps allowed investigators to observe the men coordinate and execute numerous drug transactions during April and May 2019.
Investigators eventually identified Alberto Santana ("Santana") as one of Abreu's drug suppliers. As the investigation continued, officers intercepted communications in which Nelson ("Periquito") Galan ("Galan") coordinated the purchase of a kilo of cocaine from Santana on behalf of Omar ("Prieto") Acevedo ("Omar").8 In other communications between Omar, Galan and Santana, they coordinated both purchases and sales of drugs. Omar also communicated frequently with Abreu about drug transactions. In addition, investigators continued to observe drug transactions conducted near and inside the Garage. In fact, they observed Santana involved in one such transaction.
Officers eventually learned that Galan and Omar were working together for a large drug trafficking organization ("DTO") run by Ramon Cruz Gonzalez ("RCG") and operated from an apartment building located near the Garage at 572 Essex St., Lawrence ("Building"). The Building has 6 floors and 20 apartments. It has interior stairwells between the floors and an elevator. To enter, visitors have to be "buzzed" into the Building.
Officers determined that the DTO used three apartments inside the Building as its operational center (i.e., Apartments 2C, 3C, and 6B). Apartment 2C is located on the second floor, Apartment 3C is on the third floor, and Apartment 6B is on the sixth floor.
Yvette Veras-Guerra ("Veras-Guerra") and her husband owned the Building, and served as the landlord after buying the Building on April 25, 2019. After the closing, Veras-Guerra and her husband went to the apartments to greet the tenants and gather their information. At the Grand Jury, she produced a spreadsheet (Ex. 4) that lists the tenants' names and phone numbers, and the amount of their rent.
Investigators ultimately connected the DTO's drug mixing and packaging operations to Apartment 2C; Galan and Omar's distribution activities to Apartment 3C; and, the distribution activities of Jocheiry Acevedo Hernandez ("JAH") and his girlfriend, Maricely Carrion-Ramos ("MGR"), members of the DTO, to Apartment 6B. However, as is discussed further below, members of the DTO freely accessed all three apartments.
Investigators continued to monitor the communications and activities of known members of the DTO, which led them to identify numerous other members.
For example, on April 30 and May 1, 2019, Santana called Galan and facilitated the purchase of a kilogram of drugs from a third party supplier. Galan referred to JAH during one of the calls. In addition, on May 1, investigators observed Santana exit the Building at the scheduled time of the transaction.
On May 17, 2019, Michael Figueroa ("Figueroa") called Galan and ordered a "thirty" (i.e., a kilo of cocaine for $30,000). 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 for the transaction (i.e., Apartment 3C). 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.
Investigators learned that Jocheiry ("Jochi") Acevedo-Hernandez ("JAH") played a significant role in the DTO, especially as a drug "mixer." For example, investigators intercepted many DTO-related communications between Santana and JAH, as well as many instances during which Omar and Galan used the same phone number as JAH to coordinate drug transactions. Officers intercepted Santana and JAH communicating on a regular basis. Investigators determined JAH lived and worked at Apartment 6B. (In fact, during one call, JAH confirmed to a caller he lived at Apartment 6B).
For example, on May 6, 2019, investigators intercepted a call from JAH to Santana in which JAH told Santana that RCG needed "a kilo." Fifteen minutes later, investigators saw Santana arrive at 15 Ames Street, Lawrence. Santana entered that location, exited two minutes later carrying a black bag, and drove to the Building. Upon arrival, Santana called JAH and told him to "open up." JAH told Santana to call RCG and "then come up to the sixth floor" (i.e., Apartment 6B). The following day, Santana contacted JAH and arranged payment for the previous day's drug transaction. JAH told Santana to go to the second floor of the Building (i.e., Apartment 2C). Shortly thereafter, Santana was observed exiting the Building and driving away.
On June 15, 2019, investigators intercepted calls that led them to believe that JAH and MCR were going to New York City to pick up drugs and visit MCR's father.
On June 16, 2019, JAH's phone "pinged" near Yankee Stadium in the Bronx. JAH told a male caller he was in New York "to get two of the white up here." JAH's phone pinged in Massachusetts later that night. As a result, MSP stopped JAH and MCR traveling in a vehicle. They were the sole occupants. MSP found two kilograms of cocaine inside the vehicle. MSP arrested JAH and MCR and charged them with drug offenses (in Middlesex County). That arrest generated a significant amount of discussion and concern by DTO members in intercepted communications.
After the arrest of JAH and MCR, DTO members...
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