Pubdate: Tue, 03 Jan 2006
Source: Patriot Ledger, The (MA)
Contact:  http://ledger.southofboston.com/
Address: Post Office Box 699159, Quincy, Massachusetts 02269-9159
Fax: (617)786-7393
Copyright: 2006 The Patriot Ledger
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)
Referenced: http://www.mapinc.org/drugnews/v06/n080/a10.html?283711
Note: MAP archives articles exactly as published, except that our 
editors may redact the names and addresses of accused persons who 
have  not been convicted of a crime, if those named are not otherwise 
public  figures or officials.

COURT: POLICE LACKED PROOF FOR DRUG RAID

Plymouth County District Attorney Timothy Cruz will appeal a decision 
not to charge a Pembroke store accused of selling drug paraphernalia. 
Plymouth District Court Clerk Magistrate Lucy Canavan this week 
refused to issue a criminal complaint against Karen Brennan Fontana, 
owner of Brennan's Smoke Shop, saying police had not proved the pipes 
and other items they seized were used for illegal drugs.

Canavan made her decision in writing but said it was not a public 
document and would not release it.

Prosecutors will appeal the decision to a judge, Cruz spokeswoman 
Bridget Norton Middleton said today.

Police raided the shop on Nov. 16. Three weeks ago, two employees of 
Spencer's Gifts in the Hanover Mall were charged with possession with 
intent to distribute pipes used to smoke marijuana. Police said [Name 
redacted], 17, Halifax, told an undercover police officer how to use 
a water pipe to smoke marijuana.

The case against the other employee, assistant store manager [Name 
redacted] 18, of Braintree, was dropped for lack of evidence, 
Middleton said. [Name redacted] was ordered into a court "diversion 
program" for six months, Middleton said. The charge against him will 
be dropped if he completes the  program and he won't have a criminal 
record, she said.

The investigation began after a Boy Scout leader told police that 
marijuana pipes were being sold at the store.
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MAP posted-by: Beth Wehrman