Man Charged With Possession With Intent to Distribute Cocaine, 2nd Offense and School Zone Violation Acquitted After Jury Trial

Middlesex Superior Court # 09-1164. The prosecution alleged that in April of 2009, based on reliable informant information it began investigating the defendant for drug activity in the Woburn, Massachusetts area. The information was further reinforced in that two years earlier police had witnessed the defendant involved in drug activity. Beginning in June of 2009 the police conducted some controlled buys using the informant. On more than one occasion the defendant was seen selling cocaine to the informant. The drugs tested positive. With this information police obtained and executed a search warrant at the defendant’s home. Inside the home they found nearly fourteen grams of cocaine, cutting agents, packaging materials, scales and other evidence of drug distribution activities. The defendant was arrested and charged with Possession With Intent to Distribute Cocaine, Second and Subsequent Offense and a School Zone Violation. If convicted the defendant faced a mandatory minimum seven year state prison sentence. Attorney Neyman tried the case before a Superior Court jury. The defendant was acquitted of these charges. He was found responsible of the lesser included offense of possession of cocaine. There is no minimum mandatory sentence associated with possession.