Court: Woman didn't mislead Boston cop when she swallowed a bag of heroin, because he watched her do it

The Supreme Judicial Court ruled today a woman who swallowed what appeared to be a bag of heroin in full view of a police officer shouldn't have been charged with "misleading a police officer" because he knew exactly where the bag was.

Police charged Josefa Tejeda with heroin possession and with misleading police on Oct. 8, 2014, alleging that on watching a man get arrested for possession of "a small plastic bag of a light brown powdery substance" at Roxbury and Washington streets in Dudley Square, she noticed he had dropped it, then rushed over, picked up the bag and swallowed it.

A Roxbury District Court judge dismissed the misleading-police charge; the Suffolk County District Attorney's office then appealed.

At issue for the state's highest court is the meaning of "mislead" under state law.

The justices said that while that law does not specifically define "mislead," they would use both federal evidence-tampering rules and a dictionary definition, and that those led them to the conclusion Tejeda did not mislead police

The court set out two requirements for trying somebody on the charge: One would be an attempt to make a "false statement," and the other would be that that statement then sent police off on what the ruling called "a wild goose chase."

The court allowed that swallowing the bag could be seen as an effort to interfere with police, a sort of non-verbal "false statement."

But, the court continued, because the woman swallowed the bag as police watched, she failed to send them off on a wild goose chase:

[A]lthough the defendant's swallowing of the plastic bag in full view of a police officer may have been an attempt to keep potential evidence away from the officer, it was not an attempt to create a false impression within that officer. This is so because she did not attempt to, nor did she, deceive the officer as to where the bag went. Second, the defendant's conduct did not lead officers astray or send them on a "wild goose chase." Paquette, 475 Mass. at 800. The officers knew exactly where to find the plastic bag if they were so inclined.

Cheese steak lover complains Philadelphia sucks so bad it's way less world class than Boston

Some writer in the burg the New York Times once declared the sixth borough whines about what a hellhole his city is, and drags us into it:

Since London is in a class by itself, let’s look at Boston - another older, East Coast city - to see why it’s a thriving, vibrant metropolis, while Philly remains stagnant. And for the record, you know things are bad when you’re getting whipped by a city that happens to be in the most liberal state in the country.

But really, Philadelphia truly sucks when compared to "Beantown" (dude, stop):

Its public transportation is top notch, and its infrastructure is being improved at an aggressive pace. And the entire downtown area is remarkably clean.

Whoopsie: MBTA says it goofed - new Brighton commuter-rail stop will have same fare as subways

Gintautas Dumcius reports that after creating an uproar yesterday with new schedules saying the new Boston Landing station would be in Zone 1 - and then compounding that by replying on Twitter to angered commuters that that was the case - the T says this morning the station will, in fact, be in Zone 1A.

The difference means a ride to or from Back Bay or South Station to the new station at the New Balance complex will cost $2.25, rather than the Zone 1 fare of $6.25.

The station is scheduled to open on May 22.

Shuttered Fields Corner pho place allowed to re-open - but without beer and wine

The Boston Licensing Board today reinstated the food-serving license for Pho So 1, 223 Adams St. - and even let it stay open longer than before it was shut for letting patrons drink after its official closing time.

But patrons can forget about getting a beer or some wine with their meal; owner Hoang Anh Nguyen did not appeal the revocation of his alcohol license.

Pho So 1 can now legally stay open until midnight; until the board revoked its food and alcohol licenses last month, it was supposed to close at 10 p.m.

The board reinstated the restaurant's food-serving license for a 60-day probationary period to see if it can now stay out of trouble.

Board members seemed optimistic it would - they noted the restaurant only started racking up after-hours citations after it got a license to serve beer and wine.

"The issue with them was strictly alcohol," board Chairwoman Christine Pulgini said.

Man charged for Dorchester road-rage murder; when charged, was already being held on unrelated gun charge

Boston Police yesterday charged Deonarine Ganga, 29, with murder for the shooting death of Joey DeBarros last week outside the Gallivan Boulevard McDonald's, Boston Police and the Suffolk County District Attorney's office report.

Authorities knew right where to find Ganga: He was sitting in a Suffolk County jail following his arraignment Tuesday for an April 7 incident in which he allegedly pulled out and raked a gun during a dispute at a Dorchester Avenue store - and pending a hearing on whether that incident violated his 2015 guilty plea for possession of cocaine with intent to distribute.

Investigators looking into the murder learned of the April 7 incident and arrested Ganga while continuing their murder investigation. A Suffolk County Grand Jury is also continuing to look into the murder.

Authorities charge Ganga shot DeBarros during an argument over a traffic dispute outside the McDonald's at Gallivan Boulevard and Granite Avenue.

The car Ganga allegedly occupied left the area, but witnesses provided responding Boston Police with a description of the car and a partial plate number. That detailed information led investigators to review earlier records, which revealed that the car was registered to a Dorchester woman associated with Ganga and included the record of an April 10 motor vehicle stop in Abington during which Ganga was a passenger.

Innocent, etc.

Walsh vows annoying Readville bridge will finally get traffic lights

Mayor Walsh today announced a $1.4-million project to improve traffic in Readville, including traffic lights at either end of the short but clogged and dangerous Father Hart bridge that has bedeviled drivers for years as they try to cross over the train tracks that split the neighborhood.

The city will also install upgraded signals in Wolcott Square itself, where Hyde Park Avenue and Neponset Valley Parkway also come together.

Readville traffic has become such nightmare that the city says has agreed to bear the full costs of the traffic-light upgrades at the bridge and in Wolcott Square rather than spending several years in possibly fruitless negotiations with MassDOT, which owns the bridge and DCR, which owns Neponset Valley Parkway.

Also:

At the Wolcott Square intersection, the MBTA bus stop will be relocated and the traffic signals reprogrammed to provide a better approach to Neponset Valley Parkway and smoother traffic flow.

The city will even try to connect all the signals to the traffic-management system in City Hall, to bring Readville traffic control from the 1950s all the way into the 21st century.

ADA-compliant wheelchair ramps will be installed at key Readville intersections.

The work should begin this fall and take about a year.

Police seize dirt bikes at BHA projects across Boston

Boston Police report seizing 16 off-road vehicles at BHA projects in raids this morning.

The raids, conducted with BHA Police, state Environmental Police, ISD inspectors and the National Insurance Crime Bureau, took place at the West Broadway and Mary Ellen McCormick developments in South Boston, Franklin Field in Dorchester, Gallivan in Mattapan and Fairmount in Hyde Park.

Police say all the vehicles were being stored improperly or illegally:

The officers, as well as Code Enforcement officers, spoke with the residents to educate them on the hazardous conditions presented by the improper storage of these vehicles.

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