The Lawrence Eagle Tribune yesterday reported that at midnight this past Sunday Methuen Police responded to a call from a witness who witnessed a heated argument between two men and a woman in a parking lot near Lawrence, Massachusetts. The police observed two men driving away from that area and a woman walking next to the car they were in. The police approached the car and the men ran off. Supposedly the passenger, Andrew Howard of Haverhill began fighting with the pursuing officers. He was tased. The driver, Richard Farrell of Methuen complained that he was sick and was taken to a local hospital. When he got there he fled. Inside the car the police found over a pound of marijuana and ten thousand dollars cash. Both men have been charged with Possession With the Intent to Distribute Marijuana. Howard faces the additional charges of Assault and Battery on a Police Officer, Resisting Arrest, Threatening to Commit a Crime and Illegal Wiretapping due to his recording the event on his cell phone. The woman was not arrested or charged.
Defense attorneys should have a great time with this case. How is it that prosecutors can attribute the marijuana to both of these defendants and not the girl? What evidence is there that either or both knew about the marijuana that was supposedly hidden in the car? How was Howard able to flee the scene, fight with the officers, get tased, resist arrest and record the entire incident? What evidence does the district attorney have to show that Howard or Farrell had the requisite intent or even knowledge under Massachusetts law to satisfy their burden of “intent to distribute”? Experienced Drug Defense Lawyers in Massachusetts have a tremendous amount of material with which to fight this case provided the article is accurate and sufficiently detailed. I would expect to see motions to dismiss or suppress or possibly both filed in this case. I can see certain scenarios wherein either or both defendants can win this case or walk out without a criminal record.
Attorney Stephen Neyman has been defending Drug Cases in Massachusetts for over twenty years. To discuss your drug case call us at 617-263-6800 or contact us online. All of the lawyers in our office have over twenty years experience defending Drug Cases.