Charges of Trafficking Over 36 Grams of Fentanyl Against Automobile Repair Shop Owner Dismissed After Government Forced to Identify Confidential Informant

In February of last year a drug task force in central Massachusetts along with the DEA were investigating drug sales involving alleged drug dealers from Lawrence, Massachusetts. A tip led the police to the defendant’s home in Lawrence where surveillance was conducted. The officers learned from a confidential informant that the target, our client, would be leaving his home and driving to another county to sell him fentanyl. The CI was searched and provided with money. The CI met with the defendant in a mall where the sale was conducted. The sale was for over 36 grams of a Class A substance. The CI provided the drugs to the officers who in turn arrested the defendant charging him with trafficking a class A drug in violation of G.L. c. 94C section 32E. Our office was hired to represent the man. Massachusetts law provides that the identity of an informant must be disclosed if the informant witnessed the crime or participated in the crime. We convinced the judge to apply the law and order the prosecution to disclose the CI’s identity. The district attorney’s office decided to nolle prosse the case rather than give us the identity of the confidential informant. The case was dismissed. 

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