Heart: December 13, 2016.
found and returned in the Superior Court Department on
January 19, 2012.
pretrial motion to suppress evidence was heard by John S.
Ferrara, J., and the cases were tried before
Constance M. Sweeney, J.
B. Krasnoo for the defendant.
Yorlano, Assistant District Attorney, for the Commonwealth.
Present: Milkey, Massing, & Sacks, JJ.
defendant, Ayyub Adbul-Alim, appeals from his convictions of
unlawful possession of a firearm and unlawful possession of
ammunition, aggravated by previous convictions of a serious
drug offense and a firearms violation. See G. L. c. 269,
§§ 10(a), 10(d), 10(h), 10G(a). He claims, as he
did at trial, that his prosecution was the result of a joint
Federal and State effort designed to coerce him to provide
information about the activities of potential Islamic
terrorists in the Springfield area. In light of this claim,
he argues specifically that (1) his motion to suppress the
firearm and ammunition should have been allowed, (2) the
trial judge wrongly denied his request for a continuance of
the trial, (3) a mistrial ought to have been declared after
the jury reported a deadlock, and (4) the trial judge
thwarted appellate counsel's efforts to obtain record
documents. We affirm.
Motion to suppress.
motion judge found the following facts -- which the record
supports and the defendant does not challenge as clearly
erroneous -- regarding the search of the defendant's
defendant had been married to Siham Nafi Stewart for about
two years. They lived with their young child in a
second-floor apartment on State Street in Springfield. During
the investigation of a murder in the apartment building,
Stewart and the defendant were identified as witnesses;
Stewart met with a Springfield police lieutenant. Days later,
after hearing gunfire in the apartment building, she called
911 and spoke with the Springfield police officers who
responded to her apartment.
for the well-being of her child and herself if they continued
to live with the defendant in that apartment, " Stewart
went to the Springfield police department "to disclose
that her husband, the defendant, was involved in drug dealing
and possessed a firearm." After speaking with a
Springfield police sergeant, she was introduced to another
Springfield officer, Ronald Sheehan, a twenty-five year
veteran who was also a member of the Federal Bureau of
Investigation (FBI) joint counterterrorism task force (task
force), a joint effort of Federal, State, and local law
enforcement personnel. Stewart told Sheehan that the
defendant's supplier was a white male with tattoos on his
hand who drove a white Jeep Cherokee. She showed Sheehan a
photograph of the defendant's handgun. Sheehan learned
that the defendant had prior convictions for drug trafficking
and unlawful possession of a firearm, disqualifying him from
lawfully possessing a gun in Massachusetts. Stewart and
Sheehan had a number of in-person and telephone contacts over
the next two to three weeks leading up to the defendant's
evening in December, 2011, Stewart called Sheehan to tell him
that the defendant was about to meet his supplier at the
gasoline station next door to the apartment building. Sheehan
and two other Springfield officers, partners William Berrios
and Anthony Sowers, went to the location. Berrios and Sowers
saw a white Jeep Cherokee in the gasoline station parking lot
and parked their marked cruiser behind it.
then received a second call from Stewart. She told him that
the defendant had just left the apartment, was wearing a red
vest, and had his gun with him. Sheehan observed the
defendant leave the building, wearing a red vest or jacket,
and walk toward the gasoline station. He warned Berrios and
Sowers that the defendant was approaching and was armed.
Berrios and Sowers seized the defendant, each grabbing an
arm, and ...