Man facing drug charges sues DA

Are the Boston Finance Commission head Jeff Conley and Suffolk County District Attorney Dan Conley brothers?... or related?...

Massachusetts Supreme Judicial Court decisions dating back more than 100 years and continuting through the present day clearly show that the intention, even the preparation, to do something without an overt act toward doing it is insufficient to charge someone criminally. A Globe reporter reviewed the documented case law at length yesterday, though it never made it into the paper.

The facts in this case suggest an intended drug deal that was interrupted before it could be consummated. When police stopped the vehicle, it was Capogreco who presented them with prescription pills on his person and in the vehicle he was driving; the passenger had only cash. Possession of a Class C substance with intent to distribute is a crime, whereas possession of cash -- even with the intent to buy drugs -- is not. Had prosecutors ignored the law and charged the passenger, any judge would have dismissed the case and criticized the decision.

No consideration at all was given to the passenger's familial connections (it must be noted, in fact, that the rep took office only after his brother was arrested). The charging decision was based on the facts and the law, and the allegation of political influence is unfounded, unwarranted, and irresponsible.