Commonwealth v. Santana
| Decision Date | 31 August 2020 |
| Docket Number | Docket: 1977CR00458 |
| Parties | COMMONWEALTH v. ALBERTO SANTANA |
| 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 SUPPRESS EVIDENCE AND EVIDENTIARY HEARING (Paper No. 7)
Defendant Alberto Santana ("Santana") is charged with several drug trafficking and firearms offenses arising from a long-term police investigation of a sophisticated drug trafficking organization that operated in Lawrence and Methuen. He has moved to suppress evidence (i.e., drugs and firearms) seized by the police pursuant to a search warrant on June 19, 2019, in a room in the basement of the building at 15 — 17 Ames St., Lawrence.
On July 21, 2020, the Court conducted an evidentiary hearing on Defendant's Motion To Suppress Evidence And Evidentiary Hearing ("Motion") (Paper No. 7). The Court heard testimony from Massachusetts State Police ("MSP") Troopers Mark O'Brien ("O'Brien") and Robert Noonan ("Noonan"), Segundo Santos ("Santos"), and Haydee Grullon ("Grullon").1 The Court also received 31 exhibits in evidence.
As is fully explained below, after thorough consideration of the submissions and arguments of counsel, and the evidence presented at the hearing, the Motion is DENIED.
The Court makes the following findings, which are based on the credible evidence produced at the hearing and the reasonable inferences that the Court has drawn from the evidence.2 With respect to the four aforementioned witnesses that testified at the hearing, the Court finds that their testimony was truthful and accurate on the relevant and material points. Thus, the Court credits their testimony on the relevant and material points.3
On June 18, 2019, Noonan and Sgt. Daniel Clemens ("Clemens") of the MSP jointly applied to the Essex Superior Court for a search warrant.4 The application for search warrant sought permission to search for heroin, fentanyl, and cocaine, and evidence of drug distribution activities. See Ex. 1, Search Warrant, Addendum A. The application requested permission to search for those items at "15 Ames Street, Rear Apartment, Lawrence, MA, see Addendum B, which in [sic] incorporated herein by reference, which is occupied by and/or in the possession of: Alberto Santana (DOB 02/23/1983)." In support of the Search Warrant, Noonan and Clemens submitted an affidavit containing 290 pages, including 548 separately numbered paragraphs ("Affidavit").
On the same date, a Judge of the Superior Court granted the application and issued a search warrant, authorizing the search of "15 Ames Street, Rear Apartment, Lawrence, MA, . . . which is occupied by and/or in the possession of: Alberto Santana (DOB 02/23/1983)" ("Search Warrant"). In Addendum B, which was attached to, and incorporated in, the Search Warrant, the place to be searched is further described "as a multi-unit residence" with "a main entryway [that] is inside of a small porch" located on Ames Street. Addendum B further states that approximately halfway down an alley on the left side of the house "is a set of stairs that leads to a [particularly described] white door, [with] a small awning above it." Also, Addendum B states that Finally, below the aforementioned description of the side door in Addendum B is a color image of the front of the house with a red circle over the walkway area where the door "consistently used" by Santana is located.
In fall 2017, Noonan, Clemens and other investigators from the MSP and Drug Enforcement Administration ("DEA") began investigating a narcotics distribution network in the Lawrence area. The initial target of the investigation was Robinson 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.
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.
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, including a phone number used by Santana.
As a result of intercepted communications, investigators identified Santana as one of Abreu's drug suppliers. Records of the Registry of Motor Vehicles ("RMV") revealed that Santana registered two vehicles at 81 Stearns Ave., Lawrence. Investigators believed that Santana lived at that location and used an apartment at 15 Ames St., Lawrence, as a stash house.
Further, investigators obtained search warrants that allowed them to affix GPS tracking devices on vehicles used by Abreu, Santana, and at least two of Abreu's runners identified by investigators: Jose Lugo-Garcia ("Lugo-Garcia") and Jhonny MotaRodriguez. 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.7 The tracking devices, CSLI, pole cameras, and wiretaps allowed investigators to observe and listen to the men coordinate and execute numerous drug transactions during April and May 2019.
As the investigation continued, officers intercepted communications in which Nelson Galan ("Galan") coordinated the purchase of a kilo of cocaine from Santana on behalf of Omar Acevedo ("Omar").8
Officers eventually learned that Galan and Omar were working together for a large drug trafficking organization ("DTO") run by Ramon Cruz Gonzalez ("Cruz Gonzalez") and operated from an apartment building located near the Garage at 572 Essex St., Lawrence ("Apartment Building"). Officers determined that the DTO used three apartments inside the Apartment 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. Members of the DTO freely accessed all three apartments.
Investigators learned that Jocheiry Acevedo-Hernandez ("Acevedo-Hernandez") played a significant role in the DTO, especially as a drug "mixer," and that he lived and worked at Apartment 6B. Also, investigators observed Acevedo-Hernandez at the Garage and intercepted him conducting many DTO-related communications with Santana.
In communications between Omar, Galan and Santana, they coordinated both purchases and sales of drugs. In addition, investigators continued to observe drug transactions conducted near and inside the Garage.
On April 30 and May 1, 2019, Santana communicated with Galan and facilitated the purchase of a kilogram of narcotics. Galan referred to Acevedo-Hernandez during one of the communications. Later, on May 1, investigators observed Santana exit the Apartment Building at the scheduled time of the transaction and drive toward 81 Stearns Ave.
6. Santana's Stash Location At 15 Ames St., Lawrence, MA
In the Affidavit, the affiants describe numerous intercepted communications among Santana, members of the DTO, and other unknown persons during which Santana negotiated and arranged the purchase and sale of narcotics. Many of those intercepted communications were contemporaneous, or close in time, with instances during which investigators observed Santana travel to and enter 15 Ames, exit a short time later, and then drive to the planned sites of the drug transactions, such as the Apartment Building and Garage.
To be sure, the affiants describe 14 instances in the Affidavit between April 17, 2019, and June 7, 2019, during which, on the heels of being intercepted communicating about the purchase and sale of drugs, investigators observed Santana enter 15 Ames St. and exit minutes later.9
For example, on May 6, 2019, investigators intercepted communications between Acevedo-Hernandez and Santana in which Acevedo-Hernandez told Santana that Cruz Gonzalez needed "a kilo." Later that day, officers saw Santana arrive and enter 15 Ames Street with an object in his hand. Santana exited two minutes later carrying a black bag, and drove to the Apartment Building. Upon arrival, Santana called Acevedo-Hernandez and told him to "open up." Acevedo-Hernandez directed Santana to "the sixth floor" (i.e., Apartment 6B). The following day, Santana contacted Acevedo-Hernandez and arranged payment for the previous day's drug transaction. Acevedo-Hernandez told Santana to go to the second floor of...
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