State Judicial Court Upholds Braintree Juvenile's Cocaine Conviction

BRAINTREE, MA — A Braintree juvenile's drug conviction will stand following a split ruling from the state's Supreme Judicial Court.

Monday, the court upheld a possession of cocaine conviction against an underage person identified as Ormond O. He was previously found guilty of the charge following a jury trial in juvenile court and sentenced to six months of probation.

The appeal stated that there was not enough evidence for the conviction. On April 4, 2015, Det. Dennis Keenan followed a blue Infiniti from a home in Quincy to Braintree using an unmarked police cruiser. While on the Arborway, the vehicle went into a driveway and turned around as part of an attempt to see if the vehicle was being followed. Keenan and Braintree officers eventually pulled the vehicle over and discovered the juvenile in the front passenger seat. During a search of the vehicle and the three suspects in the car, police found 30 bags of cocaine, a knife on all three men, seven cell phones, and $2,000 in cash. The juvenile did not have any cocaine on him, but was in possession of a knife and cell phone, according to the court ruling.

In the majority decision, the court ruled that the jury could conclude that the car was conducting counter-surveillance and the occupants were aware that they were taking part in illegal drug activity.

"The juvenile claims that there was insufficient evidence to support the verdict of delinquency by reason of possession of cocaine. We disagree," the decision read. "When we view the evidence in the light most favorable to the Commonwealth, the juvenile's claim of mere presence is defeated by several facts, and the reasonable inferences drawn from those facts."

Associate Justice Peter W. Agnes Jr. dissented and wrote that he did not believe the evidence was sufficient to allow the jury to infer that the juvenile had knowledge of the cocaine in the vehicle.

"The juvenile had only one cell phone on his person, and there was no evidence as to the location of the other cell phones. The police found approximately $2,000 in cash, most of which was found in the possession of the driver. The juvenile had $294 (of unspecified denominations) in his possession. There is no evidence that any of the cash was located in plain view inside the car. There is no evidence of any drug paraphernalia located in plain view inside the car. There is no evidence that any item of property associated with the juvenile was found in proximity to the cocaine that was found in the back seat area," Agnes wrote.

He went on to write that the state's case is based on physical proximity, a theory he says the court has rejected.

Below is the full ruling:

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