LYNN — A judge set $5,000 cash bail and a $50,000 surety bond for a Somerville man who police arrested with approximately 21 grams of suspected heroin in his pocket.
But a defense attorney said his client suggested “incentive to return” to court, as police followed the defendant’s car seeking other suspects — who had already been arrested.
“I think the information Lynn Police had as of yesterday was potentially stale,” Public Defender Chris Norris said in Lynn District Court Thursday. “You would think they would have information of (the targeted suspects’) arrests.”
Mark Alfeiri, 24, of 164 Broadway #3, Somerville, was arrested and charged with heroin trafficking at 1:55 a.m. Thursday.
Kaylee O’Brien, 24, of 15 Hutchinson Court, was arrested and charged with attaching plates; operating an unregistered motor vehicle; operating an uninsured motor vehicle; and a warrant at 2 a.m. Thursday. She was arraigned on the warrant charges.
A not guilty plea was entered on both defendants’ behalf.
Lynn Police recently received information to be on the lookout for a black 2008 Chrysler with a specific license plate, whose occupants had “immediate access to firearms” in Charlestown, according to a police report by Lynn Police Officer Christopher Hagerty.
Police spotted the license plate — but on a blue Mercury Mountaineer — Thursday morning and followed the vehicle to a 7-Eleven on Washington Street, Justin Edwards, a student intern with the Essex District Attorney’s office, said Thursday.
The driver — O’Brien — told police her boyfriend was inside the store, according to police.
Police said the boyfriend, later identified as Alfeiri, denied that he had come from the car and “appeared to be very nervous,” putting his right hand over the right front pocket of his shorts. Officers performed a pat frisk; “in fear for their safety,” Edwards said. Police reported finding a clear plastic baggie containing 31 separate bags of heroin weighing approximately 21 grams in total, and $1,400 in cash.
Edwards requested $50,000 cash bail, citing Alfeiri’s 11 previous convictions, record of committed time, as well as an open case in Somerville where Alfeiri is charged with possession with intent to distribute Class A drugs.
But Norris suggested the drug evidence might not be admissible.
“We’re not here to litigate suppression issues, but the facts provide incentive for (Alfeiri) to return,” he said.
He said police should have known the original suspects had been arrested.
Moreover, he said the motor vehicle charges for O’Brien could not be used as a justification to search Alfeiri.
Norris told the court that O’Brien was married to one of the original suspects and traded the Chrysler for the Mountaineer and cash after the suspect’s arrest. But she had seven days to switch the registration.
“You can drive a new car on (the old) car’s license plate and be in compliance with the law,” Norris said. “If police are suggesting there is something civilly improper or criminal about that car having that plate, that is incorrect.”
Then Norris went to the prisoner dock and lifted up Alfeiri’s leg to show the defendant was wearing mesh basketball shorts. Norris said he didn’t think it reasonable to suspect a person wearing such clothes could conceal a weapon that would “cause officers fear.”
Nevertheless, he admitted the charges and Alfeiri’s record warranted bail. He suggested $1,000.
Judge Emily Karstetter set bail at $5,000 and ordered a $50,000 surety bond.
O’Brien was released on personal recognizance. She declined to comment outside the courtroom.
Cyrus Moulton can be reached at [email protected].
