May 19, 2017
MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO
B. Krupp, Justice of the Superior Court.
James Laureus is charged with trafficking more than 36 grams
of cocaine, distribution of oxycodone, possession with intent
to distribute cocaine, and possession with intent to
distribute oxycodone. Each crime is also indicted with an
habitual criminal sentencing enhancement under G.L.c. 279,
§ 25(a). The case is before me on defendant's motion
to dismiss the habitual criminal indictments under
Commonwealth v. McCarthy, 385 Mass. 160, 430 N.E.2d
1195 (1982). For the following reasons, the motion is
August 11, 2016, the grand jury heard the following
The Charged Offense .
March 24, 2016, the Medford and Woburn police were
investigating Eric Gullage (" Gullage"). As part of
the investigation, undercover officer Christina Bartolomeu
(" Bartolomeu") contacted Gullage by phone and
asked to buy ten oxycodone pills. (Oxycodone is a Class B
controlled substance.) The two arranged a meeting for later
that day in Medford.
drove to the designated location. Woburn and Medford
detectives, and task force officers from the Drug Enforcement
Agency (" DEA"), conducted surveillance. Gullage
approached and entered Bartolomeu's vehicle. Minutes
later the defendant entered the area in a white Ford van and
parked behind Bartolomeu's vehicle. Bartolomeu then gave
Gullage the agreed-upon price--$350--for the pills. Gullage
exited the vehicle and entered the white van, returning to
Bartolomeu's car minutes later with a napkin containing
ten pills. A lab report confirmed the pills contained
left the area in the white van. The police stopped him and
ordered him out of the van. They found the marked currency
that Bartolomeu handed to Gullage in defendant's right
jacket pocket. Defendant was detained. During a search at the
Medford police station, officers discovered
individually-wrapped substances, later identified as cocaine
and oxycodone, in defendant's underwear.
Defendant's Prior Convictions .
March 2016, defendant had two prior convictions out of
Suffolk Superior Court for distribution of a Class B
controlled substance. The convictions arose out of a single
prosecution in Criminal No. 04-10587, and were Indictment
Nos. 001 and 003 in that docket. Following
defendant's guilty pleas on those two charges, on
November 3, 2010, defendant was sentenced to five years to
five years and one day in prison on each charge.
Commonwealth did not provide the grand jury with the plea
colloquy, a plea agreement, or a police report regarding
details of the underlying offense. The indictments indicate
the two counts constituted two purchases of cocaine by the
same undercover officer as part of a single investigation and
course of conduct over five days. Indictment 001 read:
JAMES LAUREUS, on April 30, 2004, did unlawfully, knowingly
and intentionally distribute to Trooper Mary Wakeham a
certain controlled substance, to wit: cocaine, a Class B
controlled substance ...