Erkan & Sullivan Secure Not Guilty Verdict in “Unwinnable” Drug Case – Officer’s Testimony Completely Discredited at Trial

September 6, 2024

Essex County Superior Court (Lawrence)

In a case that many believed to be unwinnable, Erkan & Sullivan, P.C. achieved a stunning victory for our client, who was charged with trafficking in fentanyl over 18 grams. Despite the overwhelming odds, including the testimony of a seasoned drug detective who claimed to have witnessed our client conduct a hand-to-hand drug deal, we secured a decisive not guilty verdict on September 6, 2024.

Case Background.

Our client was charged following what the Commonwealth described as a clear and direct observation of a drug transaction. The detective, a veteran of many narcotics cases, claimed he had a clear view of our client making the exchange. After supposedly observing our client hand a clear plastic bag containing fentanyl to a drug user, the detective arrested both parties. He confirmed the item he saw our client hand over was 27 grams of fentanyl – found in the possession of the buyer. He also found $2,400 in cash in our client’s pockets. The prosecutor also claimed that nearly 200 grams of class A fentanyl that was found nearby was our client’s stash – a point that we expertly turned around on the Commonwealth and used to our advantage.

Proving the Lie.

The prosecution’s case was built upon the testimony of the drug detective, who claimed to have been an eyewitness to the transaction. Most every other lawyer would refuse to go to trial on this case –believing it is impossible to beat a case against an eye-witness police officer.

But at Erkan & Sullivan, we never take the prosecution’s witnesses at their word.

Instead, we hired a team of private detectives who went to the scene with us to conduct our own investigation. Through observations, calculations, and experiments, we were able to establish that the detective had no vantage point given the distance existing vegetation and obstructions. We were able to show that the officer could not have seen the drug distribution take place. In other words, we uncovered objective evidence proving that he lied. And in the trial that followed, we proved it: exposing his dishonesty through fierce and unrelenting cross-examination. The jury could only watch in astonishment as we turned the Government’s star witness into a laughingstock.

A conviction obtained through fraud and lies? Not on our watch.

Turning Their Witness into Ours.

The prosecutor also called a separate, independent narcotics expert to explain how drug deals happen in the hopes of bolstering the testimony of their eyewitness. This was a grave mistake. Using our experience and knowledge gained from hundreds of past cases involving drug trafficking defense, we were able to turn the expert into our witness. The prosecutor watched helplessly as we got the expert to illustrate several glaring flaws in the undercover detective’s story. Additionally, we coopted the expert to establish that the undercover officer failed to follow through on several opportunities to prove his suspicions through basic investigatory techniques, like obtaining fingerprints and documenting the crime scene.

The Trial and Outcome.

While most drug trafficking defense lawyers believed this case was unwinnable due to the seemingly strong testimony from an experienced drug detective, our team at Erkan & Sullivan dismantled his credibility during cross-examination. By highlighting inconsistencies in his statements and presenting evidence that contradicted his line of sight, we were able to show that the officer’s testimony was just plain wrong. We showed he could not have seen what he claimed to have seen and confronted him with every single untruth he stated in the past about what happened.

After our relentless cross-examination, it became clear to the jury that the detective’s account could not be trusted. The jury delivered a not guilty verdict after a swift deliberation, exonerating our client completely and getting a wink of victory from a juror.

Why Choose Erkan & Sullivan, P.C.?

• Unyielding Defense Against Overwhelming Odds: We specialize in taking on drug cases, indeed, any criminal case, where others see no hope. Our strategic cross-examinations and deep knowledge of criminal law allow us to challenge even the most seemingly insurmountable evidence.
• Proven Track Record in Drug-Related Defenses: From minor drug possession charges to serious narcotics trafficking allegations, our firm has consistently proven our ability to deliver justice for our clients by scrutinizing every aspect of the prosecution’s case.

Contact Erkan & Sullivan, P.C. Today

If you or someone you know is facing criminal charges, don’t wait. Contact Erkan & Sullivan, P.C. today for a consultation. Our firm is dedicated to protecting your rights and providing the aggressive defense you deserve.