Pubdate: Wed, 18 Jan 2006
Source: Hanover Mariner (MA)
Copyright: 2006 Hanover Mariner
Contact:  http://www.townonline.com/hanover/news.html
Details: http://www.mapinc.org/media/3164
Author:  Matt Dunning
Bookmark: http://www.mapinc.org/find?228 (Paraphernalia)
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.

UP IN SMOKE: SPENCER'S EMPLOYEES ARRESTED FOR SELLING HOOKAHS

Friday the 13th certainly proved unlucky for two South Shore teens 
working at the Hanover Mall.

On Friday  afternoon, Hanover Police arrested two Spencer Gifts 
employees and seized 28  hookahs - large smoking devices of Middle 
Eastern origin - from the Hanover Mall  store.

[Name redacted], of Halifax and Assistant Manager [Name redacted], of 
Braintree  were taken into custody and charged with violation of laws 
prohibiting the sale  or distribution of any item that, according to 
state law, one should reasonably  know "will be used to inject, 
ingest, inhale or otherwise introduce into the  human body a 
controlled substance." Hookahs are legal in the U.S. much the same 
way pipes and rolling papers are legal. Traditionally, hookahs are 
used to smoke  sweet and flavored tobacco. The arrests  were made a 
day after Hanover Narcotics Officer Jonathan Abban conducted an 
undercover operation at the store, during which [Name redacted] sold 
him a hookah and,  according to police, gave Abban advice on how to 
smoke marijuana with it. The  operation led to a search warrant which 
was issued by Hingham District Court,  and executed the following 
day, Friday, by Abban and Hanover Lt. Walter Sweeney.

[Name redacted] and  [Name redacted] were released on bail and their 
own recognizance. By selling  hookahs and other drug-related 
paraphernalia, including T-shirts and posters  with marijuana 
insignias on them, Hanover Police Chief Paul Hayes said Spencer's  is 
undermining the department's drug awareness and educational 
programs,  particularly the annual Drug Awareness Week program which 
is held at the Hanover  Mall.

"It's kind  of a kick in the face," Hayes said. "With all the work we 
do trying to educate  the community about the dangers of drug abuse, 
it's insulting for [Spencer's] to  turn around and sell things like 
hookahs. "Kids go in  that store all the time," Hayes added. "They 
see that stuff, they think it's  cool and funny, and it isn't. It's 
all about a profit margin for the store. They  don't care who sees it 
or who buys it, as long as they're making their money."

Spencer  Gifts has a reputation of being edgy in terms of the 
products they sell. Crude  gag gifts, erotic games and drug and 
alcohol-related paraphernalia have been  sold at the store since it 
opened in the Hanover Mall more than a decade ago.

Recently,  Spencer's also began selling beer bongs - essentially, 
plastic funnels with a  long tube attached at the bottom, designed 
for the rapid consumption of alcohol.

Representatives  from the Hanover Mall and the Spencer's store 
declined to be interviewed, and  Spencer's corporate headquarters did 
not return calls. On Tuesday,  George McElroy, [Name redacted]'s 
attorney and a Hanover resident, described the arrest of  the 
Spencer's employees as "prosecutorial abuse." He also indicated that 
Spencer's corporate offices are looking to take responsibility in the 
matter.  According to McElroy, lawyers from the Spencer's offices 
were on hand at  Tuesday's arraignment at Hingham District Court to 
lend their support for [Name redacted]  and [Name redacted].

"Spencer's  has said that it wants to take the heat for this," 
McElroy said. "They can't  have kids being brought up on charges for 
something that the store sells all  over the country."

"We have  real criminals in Hanover, and the police need to be out 
catching them," McElroy  added, "not prosecuting kids in the mall for 
selling a perfectly legal item."

According  to McElroy, [Name redacted] has been offered a plea 
agreement of eight hours of  drug-education class at High Point and 
eight hours of community service. At  press time, [Name redacted] had 
not accepted the plea agreement. McElroy maintained his  client's 
innocence in the matter, and indicated that a plea agreement was not  likely.

"He didn't  do anything wrong," McElroy said. "He sold a perfectly 
legal product to an  over-eager cop, and now they want to drag him 
through the mud for it. This is a  good kid, and we're not going to 
agree to plea that labels him a drug offender  when he isn't. He's 
never done a drug in his life, and if necessary, he'll take  a test 
right here."

If  convicted, [Name redacted] and [Name redacted] face a maximum 
sentence of up to two years in prison  and fines of up to $5,000.
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