Commonwealth v. Doty (Lawyers Weekly No. 11-129-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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 14-P-1373 Appeals Court COMMONWEALTH vs. PAMELA DOTY. No. 14-P-1373. Middlesex. June 9, 2015. – September 3, 2015. Present: Sullivan, Maldonado, & Massing, JJ. Controlled Substances. Conspiracy. Evidence, Conspiracy. Indictment found and returned in the Superior Court Department on March 30, 2010. The case was tried before John T. Lu, J. Edward Crane for the defendant. Kerry A. Collins, Assistant District Attorney, for the Commonwealth. SULLIVAN, J. After a jury trial, Pamela Doty was convicted of conspiring to distribute cocaine in violation of the Controlled Substances Act, see G. L. c. 94C, § 40, and failing to identify herself while operating a motor vehicle. See G. L. c. 90, § 25, as amended through St. 1989, c. 341, § 114.[1] She appeals from the conspiracy conviction, contending that the evidence, while indicative of a buyer-seller transaction, was insufficient to show that she agreed to distribute cocaine. We conclude that the evidence of conspiracy to distribute was insufficient, and that the conspiracy conviction must be reversed. Background. This case arises out of an undercover investigation conducted by the Marlborough police department. We set forth the evidence in the light most favorable to the Commonwealth. See Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979). At the request of Marlborough police Detective Manning, Brian Hart, a civilian “undercover police operative,” contacted Jonathan Wright,[2] the defendant’s alleged coconspirator, to buy cocaine. Wright said he could arrange the purchase of cocaine for Hart, but that Hart would have to wait one-half hour since the seller was leaving a hospital and needed time to get to the meeting place. After speaking with Wright, Hart contacted Detective Manning, who gave Hart a police department undercover car, $ 100 in cash, and a “wire”[3] for use during the buy. Hart drove to Wright’s residence in Northborough on Wright’s instructions. Once there, Wright got into Hart’s car and they drove to the Olive Garden restaurant in Marlborough. Hart parked the car outside of the restaurant and Wright made a telephone call. Hart heard Wright refer to “Pam,” but could not hear the conversation. A few minutes later, a red Ford F-150 pickup truck (truck) pulled up behind Hart’s car in the restaurant parking lot; Wright told Hart that this was the person for whom they were waiting. Hart could not see who was in the truck since it was behind […]