United States v. Jones, No. 10-2363 (1st Cir. 2012)Annotate this Case
Massachusetts Trooper Patterson, undercover, placed a phone call requesting two $40 bags of crack cocaine and waited for delivery in a truck equipped with concealed audio/video recording equipment. From across the street, Patterson could see people congregated around a driveway; a man left the group and walked toward Patterson's truck. Patterson watched the man carefully, to be sure he was unarmed, and later described his clothing in detail. Patterson told the man that he wanted two bags of crack. The man then went back to the group, got into a car and left. Shortly thereafter, a second unidentified man left the group, went to the truck and sold a bag that proved to contain crack cocaine. Using a video recording, another officer recognized the first man as Jones and the second as Richmond (who later pled guilty). Patterson identified photos of each. In Jones’s trial on conspiring to distribute cocaine base, 21 U.S.C. 846, and abetting distribution, 18 U.S.C. 2 of cocaine base within 1,000 feet of a school, 21 U.S.C. 841(a)(1), 860, the court refused to exclude the identification , but excluded a proposed defense expert to testify about issues related to eyewitness identification. Jones was convicted. The First Circuit affirmed.