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Boston man whose Supreme Court case led to a string of overturned drug convictions finally has his own drug conviction overturned

File under: Slowly grinding wheels of justice? Several months after the US Supreme Court ruled evidence used against a Boston man was unconstitutional - and after Massachusetts courts began throwing out convictions based on that ruling - the man has finally had his own conviction overturned.

In Melendez-Diaz v. Massachusetts, the Supreme Court ruled that introducing certificates that a substance found with defendants were drugs without giving their lawyers the chance to cross examine the experts who signed the documents violated the constitutional right to confront one's accusers. But the court did not overturn Luis Melendez-Diaz's 2001 coke-possession conviction, saying it would leave it up to a Massachusetts court to decide whether he would have been convicted anyway.

In a ruling today, the Massachusetts Appeals Court said that Melendez-Diaz should, indeed, have his verdict reversed, because the certificate - and the testimony of police officers not specifically trained as drug experts - was so central to his conviction that his fundamental rights were violated under the Supreme Court decision. Melendez-Diaz was a passenger in a car stopped by police who were after an acquaintance charged with stealing from a store at the South Bay shopping center; during a search, officers found what appeared to be cocaine.

In the months since the Supreme Court ruling, the Massachusetts Appeals Court has thrown out several drug and gun convictions based on the Melendez-Diaz decision. Just today, in fact, the court also overturned the conviction of a Lowell man found with more than 3,000 bags of what police and a drug expert said was heroin.

Last month, though, the court upheld a Lawrence man's conviction because the certification was not central to his conviction - even though his lawyer did not get a chance to cross examine a drug expert, the man's defense was that marijuana found in his bedroom was not his, not that it wasn't pot.

Complete Mass. Appeals Court ruling.


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Police: Pack of teens knock guy to ground, rob him at knifepoint

Boston Police report arresting three teenagers - 19, 15 and 14 - on armed-robbery charges following an incident on Harvard Street in Dorchester

Tue, 02/02/2010 - 18:55
Neighborhoods: 
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You might think somebody would steal something a bit less obvious than a large-screen LCD TV

So this guy walks into the BJs in Dedham on Jan. 30 and walks out with an LCD TV - managing to escape the clutches of a pursuing detail cop. Then he returns the next day and does it again.

But he's a crafty fellow: The first day, he got away in white Camry. The next day, he jumped into a waiting green Camry.

Wonder if he's pals with this guy, who pulled the same stunt on Jan. 31 and Feb. 1 at the Target in Woburn.


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Harbor Islands to get visitor center - on the Rose Kennedy Greenway

The Greenway Conservancy, which oversees the land where the Central Artery used to be, yesterday approved a proposal to build a visitor-center "pavilion" for the Boston Harbor Islands national park on what is now a grassy field near Columbus Park.

The visitor center, which will be staffed by Natinal Park Service workers and volunteers is meant to "increase awareness of the offshore park, and will also provide information services for Greenway users, whether they are neighbors or visitors to Boston," NPS says.

But one advocacy group, Save Boston's Greenway Gardens, is skeptical, because it says there's been little public discussion about the plan:

A new building on public land in the heart of Boston merits a thorough and transparent review with real opportunities for public input.

Meanwhile, the Herald reports the state Department of Transportation, which actually owns the land, has scrapped all proposals for two other parts of the Greenway, including a planned Boston history museum. Matt Conti has more on the Parcel 9 issue.


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Injured coyote recovered, euthanized in Dorchester

Boston Police report workers from the Franklin Park Zoo had to use a tranquilizer gun to subdue a coyote hit by a car on Howard Avenue this morning:

On arrival, officers spoke with Animal Control who stated that a coyote had been struck by a motor vehicle and appeared to be badly injured. Given the animal's injuries and fearing the possibility or probability of attack, officers proceeded to make efforts to contain and capture the animal. After containing the animal in rear yards in the area of 98 and 100 Wayland Streets, officers contacted the Franklin Park Zoo in efforts to obtain a tranquilizer gun. With the gun on scene and the perimeter secured, members of the Franklin Park Zoo were able to subdue the animal by the using the tranquilizer gun. The animal was then transported to away from the scene by Animal Control.

The Globe reports the animal had to be put down because of its injuries.


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Don't you just hate it when the WiFi in your public toilet goes out?

I assume that's what the error message on the pay toilet outside the BPL main branch in Copley Square means. But then, I'm a Web geek, so I would think that. Fortunately, both toilets and WiFi await inside the building.


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City officials oppose bid by East Boston convenience store to sell beer and wine

An East Boston convenience store that wants to sell beer and wine will have a tough job convincing city officials to overturn a longstanding, if informal, policy of limiting licenses to full-fledged packies and a few grandfathered establishments.

Joanna Villanueva, owner of La Esquina Supermarket, 184 Bremen St., appeared before the Boston Licensing Board today seeking permission to add beer and wine to the produce and convenience items she now sells.

Her attorney, John Dodge of Chelsea, said there was a public need for the license. The closest packy is in Maverick Square, several blocks away, and her customers keep asking her to stock alcoholic beverages. He said she's not seeking to become a destination site; a license would "allow the neighbors be able to pick up a bottle of wine or a six pack."

But board members and representatives from the mayor's office, City Councilor Sal LaMattina and Boston Police district A-7 all said they don't want to open the floodgates and allow convenience stores to get into the alcohol business.

"I daresay the board has not been under a lot of pressure because of people in East Boston dying of thirst," board Chairman Daniel Pokaski said. He said the longstanding informal ban makes sense because convenience-store owners and workers "tend not to be as focused in policing the purchase of alcohol, as opposed to a full-fledged package store, which is their only business."

Fellow board member Michael Connolly agreed, saying he would be disinclined to approve a license. However, both Pokaski and Connolly - the third board member, Suzanne Iannalla, was not present - agreed with a request from Dodge to hold off any action until after they hear from nearby residents. Dodge said he would work with local neighborhood groups and show the board they support the proposal.

A sergeant from A-7 said the market is a fine business, but he's concerned because of all the young people who congregate at the YMCA across the street, and that granting this license would open the door to lots of similar requests across East Boston.


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Downtown restaurant owner seeks to re-open Newbury Street inn

254 Newbury St.: Center building254 Newbury St.: Center building, between Fairfield and Gloucester.

Surinder Singh, owner of Mantra on Temple Place, is looking to re-open a bankrupt inn at 254 Newbury St.

Singh went before the Boston Licensing Board for permission to sell beer and wine to guests staying in one of the six suites workers are already renovating in the building. The board decides tomorrow whether to grant the license, which would also allow beer and wine service in a patio behind the building.

The Neighborhood Association of the Back Bay actually approves the proposal, subject to final negotiations on some changes to the building the previous owner made that detract from the building's historic nature, association representative James Hill told the licensing board. Singh agreed to limit alcohol sales to guests and will not install any loudspeakers on the patio, his lawyer, Arthur Goldberg, said.


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Former assistant DA running for Mike Rush's seat

Democrat Paul Sullivan of West Roxbury said today he is running for the 10th Suffolk seat being vacated by state-Senate hopeful Mike Rush:

As an ADA, I have fought day after day on behalf of victims of violent crime, parents seeking child support and those battling drug addictions. I have served the people of the Commonwealth with the utmost passion and tended to each individual with the proper focus and effort they deserved. I look forward to utilizing my work ethic and hard working attitude that was required of me at the DA's Office into advocating on behalf of the residents here in the Tenth Suffolk District.

Also declared: Kelly Tynan and Matt Benedetti.

The district includes West Roxbury, South Brookline and a small part of Roslindale.


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Apparently nobody at Boston magazine ever watched Zoom or heard of Robin Young

Boston magazine has a long article on the public-radio war between WBUR and WGBH that I'm sure is just absolutely fascinating, but which I'm having trouble reading because it's just so full of mistakes, starting with the very first paragraph:

[WGBH] would seem better suited across the river in Cambridge, among the well intentioned and well-to-do, amid the futuristic R&D facilities that serve the region's tech industry. That's where WGBH was for years, of course, before its ambition outgrew the 12 buildings it had purchased on Western Avenue.

Of course? Does nobody at BoMag remember Zoom and its "Boston, MA 02134" tagline from back in the days when it was located on Western Avenue in Allston? But 'BUR shouldn't feel left out:

WBUR, despite all its reporting strength, doesn't have a daily show. Local content is dropped into Morning Edition or All Things Considered or saved for Radio Boston.

I know Robin Young is kind of low key - and her fans appreciate that - but, um, dudes, maybe hit the 90.9 pre-set around noon for a local show on 'BUR (and let's not forget that for two hours before that, Tom Ashbrook hosts a show on 'BUR).

Also, 'GBH's new building may, indeed be humongous, but, really, all of Brighton is scruffy and the structure towers over all of it?

Hat tip to somebody who read BoMag a lot more religiously than I do for pointing this out.


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