Commonwealth v. Escalera
79 Mass. App. Ct. 262
Mass. App. Ct.2011Background
- Defendant convicted of heroin, cocaine, and firearm offenses, in Brockton and school zones, with ammunition charges included.
- Certificates of drug analysis and ballistics were admitted at trial without live testimony, over defense objection.
- Motion to suppress challenging nexus between drugs in residence and the apartment was denied; evidence seized from residence challenged.
- Court affirmed the ammunition conviction but reversed other indictments and remanded for a new trial due to the confrontation clause error and probable cause issues.
- Confrontation violation under Melendez-Diaz arose from admission of certificates without live testimony or cross-examination; evidence suggesting lack of independent proof of drug composition and gun operability.
- On remand, court held probable cause existed to search the residence; but the ammunition count remained affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of certificates vs. confrontation | Commonwealth argues harmless error. | Defendant argues Sixth Amendment violation by admitting certificates without live testimony. | Confrontation violation; harmlessness not established for all charges. |
| Probable cause to search residence | Affidavit showed nexus between drug activity and residence. | Affidavit lacked sufficient nexus to the apartment building to justify search. | Probable cause established; however, overall convictions other than ammunition reversed and remanded for new trial. |
Key Cases Cited
- Melendez-Diaz v. Massachusetts, 557 U.S. 305 (S. Ct. 2009) (certificates must be subject to confrontation)
- Commonwealth v. Fluellen, 456 Mass. 517 (Mass. 2010) (harmlessness standard after confrontation error)
- Commonwealth v. Tyree, 455 Mass. 676 (Mass. 2010) (harmlessness determination for tainted evidence)
- Chapman v. California, 386 U.S. 18 (U.S. 1967) (harmless-error standard)
- Commonwealth v. Vasquez, 456 Mass. 350 (Mass. 2010) (challenge to admissibility of forensic certificates)
- Commonwealth v. Muniz, 456 Mass. 166 (Mass. 2010) (ammunition possession evidence linked to certificates)
- Commonwealth v. Pina, 453 Mass. 438 (Mass. 2009) (nexus requirement between drug activity and residence)
- Commonwealth v. Medina, 453 Mass. 1011 (Mass. 2009) (one-round-trip surveillance insufficient for nexus)
- Commonwealth v. O’Day, 440 Mass. 296 (Mass. 2003) (nexus to residence for probable cause analysis)
- Commonwealth v. Smith, 57 Mass. App. Ct. 907 (Mass. App. Ct. 2003) (surveillance patterns and residence nexus plausibility)
- Commonwealth v. Charles, 456 Mass. 378 (Mass. 2010) (evidence of drug composition not always required for nexus)