Commonwealth v. Cooper (Lawyers Weekly No. 11-067-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 16-P-697 Appeals Court COMMONWEALTH vs. ROBERT F. COOPER. No. 16-P-697. Middlesex. March 8, 2017. – May 25, 2017. Present: Green, Wolohojian, & Sullivan, JJ. Controlled Substances. “School Zone” Statute. Words, “Accredited.” Complaint received and sworn to in the Cambridge Division of the District Court Department on March 29, 2012. The case was tried before Michelle B. Hogan, J. Kathleen A. Kelly for the defendant. Jason R. Chandler, Assistant District Attorney, for the Commonwealth. GREEN, J. Among the challenges to his conviction of distribution of a class E substance in a school zone, in violation of G. L. c. 94C, §§ 32D(a) and 32J, the defendant contends that the evidence was insufficient to establish that the pills seized at the time of his arrest were a class E substance (gabapentin), or that the school furnishing the basis for his school zone violation was an “accredited private preschool” within the meaning of § 32J. We conclude that the evidence was sufficient to establish that the pills were a class E substance and, discerning no merit in his other claims of error as to that charge, affirm his conviction on the charge of distribution of a class E substance. However, we reject the Commonwealth’s contention that evidence that the preschool in question was licensed sufficed to establish that it was “accredited” within the meaning of the statute, and accordingly the defendant’s conviction of the school zone violation is reversed, the verdict is set aside, and judgment shall enter for the defendant on that charge. Background. We summarize the facts the jury could have found, reserving other details for discussion of the issues. On the morning of March 16, 2012, undercover Cambridge police Officer Janie Munro entered a fast food restaurant and made eye contact with the defendant; shortly thereafter, the two left the restaurant together. Munro told the defendant that she was looking to buy drugs, and the defendant asked if she was familiar with “Johnnies,” or Neurontins. The defendant explained that the pills were really called gabapentin, and that he had a prescription for that medication, with five refills remaining. During their conversation, the defendant displayed a prescription pill bottle from his backpack, though Munro was not able to read the label. As they ended their conversation, Munro and […]