WAREHAM - Karen Fontana heaved a sigh of relief, then cried after Judge Thomas Barrett found her innocent of selling drug paraphernalia in her Pembroke smoke shop - a ruling that could protect other retailers hawking the items.
Police two years ago seized dozens of pipes, water pipes, rolling papers, scales and other items from Brennan’s Smoke Shop, claiming they were primarily for drug use.
Fontana denied the accusation, saying she runs a legitimate tobacco shop and that the items are sold for tobacco use. She said she couldn’t be held responsible for what some might do with the products once they left her store.
Ruling Friday in Wareham District Court, Judge Barrett said Fontana probably knew the items could be used for drugs. But, noting their dual uses, he said there was not enough evidence of that to warrant a conviction.
‘‘The officers are not to be faulted for trying to keep a lid on drug activity in our communities,’’ Barrett said. ‘‘Using common sense, you can tell what these items will be used for.’’
Barrett said there was no evidence that the items were kept in proximity to drugs or that Fontana or her clerks ever promoted the items for drug use. There was also no evidence of written instructions or advertising promoting the items for drug use, Judge Barrett said.
Pembroke Police Chief Michael Ohrenberger was disappointed in the ruling. ‘‘These things are drug paraphernalia,’’ he said. ‘‘You don’t see people smoking tobacco in them on the streets. Maybe the law needs to be changed, but it’s our belief that the intent is clear.’’
Barrett warned Fontana that while she may legally be able to sell these items, she has a responsibility to be a good citizen.
‘‘While you can sell these items and hope they are used for their intended purpose, arguably they may not be used that way,’’ Barrett said.
He suggested that it was her responsibility to monitor her clientele.
Fontana said she understands the responsibility and takes it seriously.
‘‘It’s never been my intent to sell these items for drug use,’’ she said. ‘‘We’re the last refuge for smokers. A lot of people are using water pipes for tobacco. I never let children into my shops. These are legal items.’’
Fontana’s attorney Ronald Whitney commended, Judge Barrett’s decision.
‘‘These items, in a different context, might be drug paraphernalia,’’ Whitney said. ‘‘I think the Legislature was trying to outlaw head shops catering to the drug trade. (Brennan’s) is not a head shop.’’
Fontana’s son Geoffrey Yalenezian, who manages her shop, applauded the ruling.
‘‘It shows people are free to choose what they want to smoke from,’’ he said.
ma police, boston ma police, massachusetts police, massachusetts police, mass state police, mass police, ma, mass, massachusetts, massachusetts, massachutes, massachusetts law, massachusetts polece, police, officer, police officer, cops, police gear, law enforcement, police duty gear, state police, sheriff, law, police supply, police agency directory, police agency, police department, traffic officer, police dept, state trooper, dispatcher, massachusetts county sheriff, massachusetts sheriff, massachusetts department of corrections, ma doc, doc, dept of corrections, police information, civil service, ma civil service, massachusetts crime, police training, police academy, ma police academy, massachusetts officers, masscop, masscops, mpa, bpa, ibpoa, police association, massachusetts police news, massachusetts crime news, mass most wanted, police career information, police patrol, police administration, police books, crime scene training, police discussion, crime discussions, cops
About MassCops, the home for Massachusetts law enforcement.
The Massachusetts Law Enforcement Network opened in 1998 and is now a part of the New England Police Network The site is a pro-police discussion forum intended for sworn police officers and civilian law enforcement officials as well as those interested in pursuing a career in law enforcement here in Massachusetts.
The goal of The Massachusetts Law Enforcement Network is to provide an informal network of law enforcement officials here in Massachusetts for educational and informational purposes.
The forum covers many topics such as Police Related News Articles, Agency & Profession Discussions, Police Training as well as Law Enforcement Career Information.
The Massachusetts Law Enforcement Network and The New England Police Network (NEPN) and it's network sites are privately owned websites/domains and are not affiliated with or endorsed by any government association or agency.
MassCops (masscops.com) and (masscop.com) are privately owned are not affiliated with or endorsed by the Massachusetts Coalition of Police (masscop.org)
ma police, boston ma police, massachusetts police, massachusetts police, mass state police, mass police, ma, mass, massachusetts, massachusetts, massachutes, massachusetts law, massachusetts polece, police, officer, police officer, cops, police gear, law enforcement, police duty gear, state police, sheriff, law, police supply, police agency directory, police agency, police department, traffic officer, police dept, state trooper, dispatcher, massachusetts county sheriff, massachusetts sheriff, massachusetts department of corrections, ma doc, doc, dept of corrections, police information, civil service, ma civil service, massachusetts crime, police training, police academy, ma police academy, massachusetts officers, masscop, masscops, mpa, bpa, ibpoa, police association, massachusetts police news, massachusetts crime news, mass most wanted, police career information, police patrol, police administration, police books, crime scene training, police discussion, crime discussions, cops