Commonwealth v. Gardner (Lawyers Weekly No. 10-034-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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 SJC‑11470 COMMONWEALTH vs. REGINALD A. GARDNER. Suffolk. October 10, 2013. ‑ March 5, 2014. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. Controlled Substances. Constitutional Law, Conduct of government agents. Due Process of Law, Disclosure of evidence, Presumption. Evidence, Certificate of drug analysis, Exculpatory, Disclosure of evidence, Presumptions and burden of proof. Practice, Criminal, Dismissal, Disclosure of evidence, Conduct of government agents, Presumptions and burden of proof. Complaint received and sworn to in the Central Division of the Boston Municipal Court Department on October 26, 2011. A motion to dismiss, filed on December 7, 2012, was heard by Franco J. Gobourne, J. The Supreme Judicial Court granted an application for direct appellate review. Vincent DeMore, Assistant District Attorney, for the Commonwealth. Rebecca A. Jacobstein for the defendant. SPINA, J. In June, 2011, allegations of misconduct at the William A. Hinton State Laboratory Institute in the Jamaica Plain section of Boston surfaced regarding work performed by Annie Dookhan, a chemist who had been employed in the forensic drug laboratory (Hinton drug lab) since November, 2003. Based on investigations conducted by the Department of Public Health and the State police, Dookhan was indicted on multiple counts of evidence tampering and obstruction of justice, as well as on at least one count of perjury and one count of falsely claiming to hold a graduate degree, all relating to her handling and testing of samples at the Hinton drug lab. See Commonwealth v. Scott, ante , (2014); Commonwealth v. Charles, 466 Mass. 63, 64 (2013). Dookhan resigned from her position, effective March 9, 2012, and the William A. Hinton State Laboratory Institute was closed on August 30, 2012. The present case is one of several that has arisen as a consequence of the testing of drug evidence by Dookhan at that facility.[1] On October 26, 2011, a criminal complaint issued from the Central Division of the Boston Municipal Court Department charging the defendant, Reginald A. Gardner, with distribution of a class B controlled substance (“crack” cocaine), G. L. c. 94C, § 32A (a); possession of a class B controlled substance with intent to distribute, G. L. c. 94C, § 32A (a); and commission of each of these offenses within a school zone, G. L. c. 94C, § 32J. The defendant filed a […]
FBI: We Know Who Robbed the Gardner Museum
FBI officials announced today they know who committed one of the biggest art heists in history, but they still need the public’s help to locate the 13 missing pieces of art. “The FBI believes with a high degree of confidence in the years after the theft the art was transported to Connecticut and the Philadelphia region and some of the art was taken to Philadelphia where it was offered for sale by those responsible for the theft,” said Richard DesLauriers, Special Agent in Charge of the Boston FBI office. “With that same confidence we have identified the thieves who are members of a criminal organization with a base in the mid-Atlantic states and New England.” Officials believe the art was smuggled into Connecticut and eventually made its way into Philadelphia. At that point, the trail for the missing masterpieces goes cold. The FBI believes an organized-crime organization based in the mid-Atlantic states coordinated the crime. Because the investigation is still ongoing, the FBI noted they could not release further details into the identities of the suspects. FBI officials also noted that the statue of limitations has passed on the original crime, the thefts of the painting, but there is still potential criminal liability for concelaning the paintings or possessing stolen property. However, U.S. Attorney General Carmen Ortiz noted that immunity is on the table for anyone who contributes information leading to the discovery of the paintings. To help keep the public in the process, the bureau launched a new Gardner heist website. The site features sketches of the thieves, images of the lost art, background on the crime and information for anyone who want to contact the FBI with new information about the crime. Monday was the 23rd anniversary of the heist, which took place in 1990. According to the Museum’s own history of the theft, the robbers dressed as police officers and asked a security guard to let them in. “Once inside, the thieves asked that the guard come around from behind the desk, claiming that they recognized him and that there was a warrant out for his arrest. The guard walked away from the desk and away from the only alarm button,” wrote the museum on its website. The thieves then had the guard, Richard Abath, call the second guard on duty and the two were separated and bound. The thieves took 13 pieces of art, including works by Rembrandt, Johannes Vermeer, Govaert Flinck, Edgar Degas and Edouard Manet. In recent months, however, the security guard, once thought a hapless victim, has come under closer scrutiny, according to The Boston Globe. Richard Abath was found bound by duct tape and handcuffs […]