Tuesday, August 18, 2009

Police: Man, 35, caught with 20 grams of coke in Waltham (Daily News Tribune)

Police: Man, 35, caught with 20 grams of coke in Waltham

By Joyce Kelly/Daily News staff
Daily News Tribune
Posted Aug 16, 2009 @ 11:28 PM
WALTHAM —

A 35-year-old Jamaica Plain man is facing drug trafficking charges after police arrested him Thursday and seized more than 20 grams of cocaine, said Detective Sgt. Tim King.

Police found 20 grams of cocaine in Manuel Pol's pocket and in his Nissan Maxima when he was pulled over on Moody Street for speeding and not signaling at a stop sign shortly before midnight on Thursday, King said.

Pol, of 87 Minden St., is also an illegal immigrant from the Dominican Republic, police said. Pol is charged with trafficking cocaine in a school zone violation and providing a false name at his booking, police said.

Waltham District Court Judge Margaret Guzman entered a not guilty plea for each count on Pol's behalf at his arraignment Friday.

Assistant District Attorney David Clayton requested Pol's bail be set at $20,000 cash Friday, and recounted the events leading up to his arrest.

Police had been patrolling Chester Avenue, and noticed a Nissan Maxima parked in front of a rooming house at 44-46 Chester Ave., Clayton said.

When an officer made eye contact with Pol, the driver, Pol quickly turned away and drove off, speeding down Crescent Street.

The officer followed Pol, who was driving at about 40 mph in a 25 mph zone, and pulled him over when he failed to signal his turn at a stop sign, Clayton said.

When the officer approached, Pol gave him a fake name and appeared extremely nervous, his hands shaking, Clayton said.

Clayton described several actions Pol took that raised red flags.

Pol reached toward the floor area of his car, making the officer believe he might have a weapon, Clayton explained.

"The officer asked if he had any weapons in the car, and Manuel Pol gave him a blank stare and answered, 'No,"'Clayton said.

When Pol got out of the car at the officer's request, Pol started moving toward the trunk, and then reaching at his pants' pocket, Clayton said.

The officer could see several bags full of a white powdery substance, later confirmed to be cocaine, in Pol's pocket, Clayton said.

Upon searching his pockets, the officer found $260 cash, mostly $50 bills, and a prescription pill bottle with no markings stuffed with 16 bags of cocaine, Clayton said.

Police found empty bags and another pill bottle, and $164 in his wallet, Clayton said.

In total, police seized slightly more than 20 grams of cocaine, he said.

During booking Pol provided a false name, lied about his birth date twice, and said he was from Puerto Rico instead of his real country of origin, the Dominican Republic, Clayton said.

Through the fingerprints, Clayton said, police were able to obtain Pols name, date of birth, and country.

Pol also had a criminal charge out of New York, for illegal entry into the United States, Clayton said.

Representing Pol, Defense Attorney Otto Santana requested a significantly smaller cash bail of $5,000, which the judge later approved.

"This is a 35-year-old man with no record except he came into the country illegally 15 years ago," Santana said.

The judge noted that if Pol posts bail, he may be taken into custody by immigration officials.

Pol, for whom the proceedings were translated, appeared in court with handcuffs.

Santana argued that Pol had been pulled over unfairly, and suggested the judge was considering a high cash bail in order to keep his client in jail, rather than face deportation.

Pol shook and cried as the judge set the bail at $5,000, which she called "reasonable under the circumstances."

The judge continued the case to Sept. 14 for a probable cause hearing.

Santana also pointed out that Pol had spent the evening in only his underwear, as police had seized his pants for evidence. He was given clothing for his court appearance.

He is due back at Waltham District Court at 9 a.m. on Sept. 14, for a probable cause hearing.

King said 20 grams is "quite a bit of cocaine. It was a pretty good catch."

Though catching dealers with large quantities of cocaine is not common, King said, Waltham police "do run across it from time to time."

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