Commonwealth v. Marte
84 Mass. App. Ct. 136
Mass. App. Ct.2013Background
- Undercover trooper conducted four controlled cocaine buys from a man identified as Carlos, later Marte, leading to four trafficking convictions over 28 grams.
- A fifth conviction for trafficking over 200 grams was based on a large cocaine seizure from a hide under the defendant's kitchen sink following the fourth buy.
- Certificates of drug analysis were admitted without testimony from a chemical analyst, raising Melendez-Diaz confrontation issues.
- Field tests conducted by the trooper after each controlled buy allegedly supported cocaine presence; no field tests were performed on the apartment seizure substances.
- The trial court and appellate review balanced whether the field tests and other evidence could render the Melendez-Diaz error harmless beyond reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Melendez-Diaz error was harmless for the controlled buys | Marte | Marte | Harmless for four controlled buys |
| Weight of field tests in harmless-error analysis post-Connolly | Evidence including field tests can offset certificates | Field tests require strong foundation to offset error | Positive field tests buttressed by corroboration may render error harmless for controlled buys |
| Adequacy of evidence tying apartment seizure to cocaine and 200-gram count | Certificate alone identified cocaine and weighed 465.18 g at 72% purity | Lack of field testing and corroboration for composition | Conviction for 200+ grams reversed; insufficient evidence apart from the certificate |
| Proper framework for harmless-error review after Connolly and King/Billings | Field tests contribute weight under Connolly framework | Testing must have robust foundation; otherwise not offset | Framework applied; field-test weight limited without foundation; overall, four buys affirmed, 200+ grams reversed |
Key Cases Cited
- Melendez-Diaz v. Massachusetts, 557 U.S. 305 (Supreme Court (2009)) (confrontation rights and certificates of drug analysis)
- Commonwealth v. Vasquez, 456 Mass. 350 (Mass. 2010) (harmless-error framework for drug-certificates; reliance on total evidence)
- Commonwealth v. Connolly, 454 Mass. 808 (Mass. 2009) (field testing foundation and cross-examination admissibility)
- Commonwealth v. Fernandez, 458 Mass. 137 (Mass. 2010) (post-Connolly considerations of field testing and harmless error)
- Commonwealth v. King, 461 Mass. 354 (Mass. 2012) (role of field tests; reaffirmation of Connolly factors)
- Commonwealth v. Billings, 461 Mass. 362 (Mass. 2012) (field testing weight in harmless-error analysis)