The Smell of Burnt Marijuana Is Not Sufficient To Remove A Person From A Motor Vehicle

The Massachusetts Supreme Judicial Court ruled today that the smell of burnt marijuana is not sufficient to remove a person from a motor vehicle. Please read the article below.

By Martin Finucane, Globe Staff

The odor of burnt marijuana is no longer enough for police officers to order a person from their car, now that possession of less than an ounce of marijuana has been decriminalized in Massachusetts, the state's highest court ruled today.

"Without at least some other additional fact to bolster a reasonable suspicion of criminal activity, the odor of burnt marijuana alone cannot reasonably provide suspicion of criminal activity to justify an exit order," the court ruled in a decision written by Chief Justice Roderick Ireland.

The court said the people's intent in passing the ballot question decriminalizing the possession of small amounts of marijuana was "clear: possession of one ounce or less of marijuana should not be considered a serious infraction worthy of criminal sanction."

"Ferreting out decriminalized conduct with the same fervor associated with the pursuit of serious criminal conduct is neither desired by the public nor in accord with the plain language of the statute," the court said.

Justice Judith Cowin, who has since retired, penned a dissent.
She wrote that up until today, state law has allowed police to perform a warrantless search if they smelled burnt marijuana in a car.

"Even though possession of a small amount of marijuana is now no longer criminal, it may serve as the basis for a reasonable suspicion that activities involving marijuana, that are indeed criminal, are underway," she wrote.

"Our case law is clear that 'the odor of marijuana is sufficiently distinctive that it alone can supply probable cause to believe that marijuana is nearby.' The advent of decriminalization certainly has had no effect on the distinctiveness of marijuana's odor. Nor has decriminalization affected the criminal status of numerous other activities involving marijuana," Cowin wrote.

Voters in November 2008 overwhelmingly approved Question 2, which decriminalized marijuana, with backers calling for a "more sensible approach" to marijuana policy and focus by law enforcement on more serious and violent crimes. Opponents argued that the law would promote unsafe drug use.

-Attorney Gomes

Malden Man Arrested For Murdering His Husband

Michael Losee was arrested on March 10, 2011 and charged with the murder of his husband, Brian Bergeron. Losee was held without bail after his arraignment in the Malden District Court. Losee is due back in court on April 29. The police alleged that Bergeron was stabbed to death by Losee. Losee pleaded not guilty to the charges against him.  Read the full article below.

-Attorney Gomes

By Milton J. Valencia, Globe Staff

MALDEN – A Malden man was charged with murder and ordered held without bail today for allegedly killing his husband in what authorities called a domestic dispute.
Michael Losee, 41, was charged in the stabbing death of his husband, Brian Bergeron, 55, in their Clarendon Street home.

Losee turned himself into authorities Wednesday, and a not-guilty plea was entered on his behalf at his arraignment today in Malden District Court. The next court hearing is scheduled for April 29.
An attorney for Losee, Norman Zalkind, said today he expects to bring the case to trial, but he could not comment on the details of the alleged murder.

Police said they received a call Wednesday from a friend of the couple in Florida, where they once lived, reporting an alleged confession by Losee.
Police first responded to the couple’s former home in Medford. After realizing they no longer lived there, authorities went to the home on Clarendon Street. Inside, they found the body of Bergeron wrapped in a blue tarp, according to a police report. He had been stabbed, authorities said.
Losee turned himself in soon after the body was found. Police are continuing to investigate the case.
The couple ran a home design and renovation business. Bergeron was the designer, and Losee was the contractor.

“This appears to be a tragic incident of domestic violence, committed by the spouse of the victim,” Middlesex District Attorney Gerard T. Leone Jr. said in a statement issued yesterday, adding that prosecutors "are deeply saddened by what appears to be yet another domestic violence homicide in Middlesex County.”

Former Police Chief Found Not Guilty of Involuntary Manslaughter

Former Pelham Police Chief, Edward Fleury, was found not guilty of four charges, including involuntary manslaughter, by a Hamden Superior Court jury on 01/14/11. The jurors deliberated for one and and a half days. Fleury was charged after an 8-year-old boy was killed while shooting an Uzi submachine gun at a gun fair organized by Fleury. Fleury was represented by Attorney Rosemary Scapicchio who argued that Fleury was not criminally responsible for the boys death. Read the story below.

-Attorney Gomes

By Associated Press

SPRINGFIELD -- A Massachusetts jury acquitted a gun fair organizer of manslaughter in the 2008 death of an 8-year-old boy who accidentally shot himself in the head with an Uzi submachine gun.

A Hampden Superior Court jury found former Pelham Police Chief Edward Fleury not guilty on Friday of involuntary manslaughter in the death of Christopher Bizilj of Ashford, Conn. The charge carried up to 20 years on prison.

Fleury was also cleared of three charges of furnishing machine guns to minors. The jury returned the verdict on its first full day of deliberations. It got the case on Thursday after closing arguments.

You Don't Have To Be 75 To Have a Will!

Most of my friends are in their mid to late 30s and haven't even thought about drafting a will. However, this is the best time to think about estate planning. Many of us are purchasing new homes, having children, and investing in the stock market through our employers. These changes are all reasons to have a will drafted, as well as a health care proxy and a power of attorney.

Many people think that because they don't own any major assets that they don't need a will. However, that is not the case. A will can protect your child's interest if something were to happen to you or your partner. Through a will, you can designate who you would want to care for your child.

Two Men Charged With Murder in Lowell

One woman was killed and eight others were injured at a New Year's Party in Lowell. Jameson Phuon and Sothy Voeun were each charged with murder for the death of Corinna Ouer. Both men are alleged to have gang relations. The two suspects were held by the court without bail after being arraigned in the Lowell District Court. Read the Boston Globe article below.

-Attorney Gomes

By Brian R. Ballou and Martin Finucane, Globe Staff

Two Lowell men who had been kicked out of a New Year's party returned dressed in the colors of their gang and armed with rifles, then fired into the crowd, killing one young woman and injuring seven others, a prosecutor said today at the men's arraignment.

Jameson Phuon, 20, and Sothy Voeun, 19, pleaded not guilty in Lowell District Court. Each faces one count of murder in the slaying of Corinna Ouer, 20, of Lowell. They were ordered held without bail and a status hearing was set for Jan. 19.

Lowell police discovered the eight shooting victims when they responded to a report of shots fired at 104 Grand St. at 1:20 a.m. on Jan. 1, prosecutors said.

Assistant Middlesex District Attorney Cara Krysil, outlining the government's case, said Phuon and someone at the party in the basement apartment had a gang-related argument that led to Phuon and Voeun being kicked out sometime after midnight. The two men fired shots into the air after they left. Police came and found no one in the vicinity and left.