Pubdate: Wed, 08 Feb 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.

SPENCER'S CLERKS OFF THE HOOK

DA's Office Drops Charges

For the most part, all parties walked away satisfied. The Plymouth 
County District Attorney's office decided last week not to pursue 
criminal  complaints against two Spencer's Gifts employees who were 
arrested in January  for selling drug paraphernalia at the store in 
the Hanover Mall. Charges against  [Name redacted], 17, for selling a 
hookah to an undercover Hanover police officer  were dropped after 
agreements were reached between Spencer's Gifts corporate  counsel, 
the Hanover Police Department and [Name redacted]'s attorney George 
McElroy. The DA's office also filed a Nolle Per Sequi, a provision of 
Massachusetts Trial Law  that allows prosecutors to elect not to 
pursue criminal cases prior to  arraignment, for 18-year-old [Name 
redacted], who was working as an assistant  manager at the store when 
she and [Name redacted] were arrested Friday, Jan. 13. In 
both  cases, charges were never officially filed and will therefore 
not be a matter of  record.

"It's like a  dismissal, but a little different," Assistant District 
Attorney Bridget Norton  Middleton said on Thursday. "It was in the 
interest of justice to let her go.  The DA's office looked at the 
case and decided that there was insufficient  evidence to proceed 
with the case." Steven Jones,  [Name redacted]'s attorney, said he's 
pleased with the DA's decision. "The district  attorney's office 
should be commended for the way they handled the case," Jones  said. 
"They looked at the facts in front of them, and I think they made 
the  right decision."

According to  McElroy, he made an agreement with the district 
attorney that will erase the  charges from [Name redacted]'s record 
in exchange for his completion of eight hours of  community service 
and eight hours of diversionary education at High Point  Treatment 
Center in Plymouth.

"They did the  best they could do for him," McElroy said. "We still 
don't think he did anything  wrong, but the charge would have ruined 
his life and ruined his chances of  getting into college, so we 
agreed to terms with the DA's office." The deal also  included 
agreements with Hanover Police Chief Paul Hayes and lawyers 
for  Spencer's Gifts. Both Hayes and McElroy said attorneys for 
Spencer's Gifts made a verbal promise to remove the hookahs from the 
Hanover location's shelves  permanently. Spencer's also agreed to pay 
for [Name redacted]'s classes at High Point,  according to McElroy. 
As of Thursday, Heather Golin, a representative for  Spencer's, said 
she was not prepared to confirm or deny any agreements Spencer's  may 
have made.

"Spencer's wanted  the case to end without anyone actually being 
charged with anything, and that  was fine with us as long as the 
hookahs stay off the shelves," Hayes said. "I  think we made our 
point clear, and we've brought to light that these things,  hookahs 
and other items, are primarily intended for use with marijuana. Even 
if other towns don't make drug paraphernalia enforcement a priority, we will."

"The problem's  been solved," Hayes added, "and we're moving on."
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MAP posted-by: Beth Wehrman