On January 23, 2009 Barnstable and Yarmoutth police along with a Brockton K-9 officer executed a search warrant at 55 Nautical Way, the home of Kenneth and Denzel Chisholm. In the course of doing so officers located and seized 2,000 oxycodone pills valued at $60,000 a couple of guns and $15,000 cash. The search warrant was sought out after police received information that the Chisholm brothers were in possession of particular caliber firearms identical to firearms used in an earlier shooting of two men. Also located during the search was some cocaine, marijuana, narcotics packaging paraphernalia and a police scanner.
Authorities described the defendants as major players involved in drug trafficking crimes and violent crimes. Both men were initially charged with trafficking oxycodone in excess of 200 grams, possession of a firearm (defaced serial number), possession with the intent to distribute a class D substance and possession of ammunition. Charges are pending in the Barnstable District Court until the defendants are indicted.
So exactly what does this mean for the Chisholm brothers. That is a good question. The big case is the trafficking carrying a minimum mandatory 15 year state prison sentence. Search warrant cases such as this one always raise the question “Whose drugs were these?”. Massachusetts law makes clear that someone’s presence at a crime scene without more is not sufficient to establish his guilt. This is so even if the defendant knew about the crime and took no steps to prevent it. The district attorney must prove that the defendant intentionally participated in committing that crime, not that he was just there or knew about it. Thus, there is no guilty by association in Massachusetts. In order to convict the prosecutor is going to have to show that that both defendants had the intent to possess the oxycodone with the intent to distribute the same. That can be accomplished through statements made by the defendants, the location of the drugs or trafficking related paraphernalia in the home, fingerprints on the drugs or its packaging. There are many other ways to prove that the defendants engaged in a joint venture and many ways to defend against these allegations.
The Law Offices of Stephen Neyman has been defending drug crimes for over 20 years. In cases involving search warrants it is inevitable that a good defense lawyer will challenge the constitutionality of the search and try to get the case dismissed. If you have been arrested for a drug crime in Brockton, Barnstable or any other part of Massachusetts call our office now at 617-263-6800 or contact us online.