In a criminal law matter, the Appellate Court of Connecticut affirmed a defendant’s narcotics conspiracy conviction, noting that a failed agreement did not end the conspiracy.
This case arose from an incident that occurred on April 15, 2009. Police officers participated in a Drug Enforcement Agency task force conducting narcotics surveillance. They observed the defendant engaging in drug-related activity over an extended period of time. He was talking on his cell phone, and soon thereafter an Acura pulled up nearby and flashed its lights. The defendant walked over to the vehicle and talked to the driver for a few minutes before the car took off.
Officers approached the defendant to effectuate an arrest, but he resisted and tried to run from the scene. However, officers subdued him and placed him under arrest. After being read his Miranda rights, the defendant told police that the driver of the Acura had come to “resupply” him with crack cocaine, a plan that fell through. He helped police locate the supplier, who they detained as well.
The defendant faced numerous charges, but was only convicted of conspiracy to sell narcotics by a person who is not drug-dependent and interfering with an officer. On appeal, he argued that the police provided insufficient evidence that an agreement existed between him and the driver and an overt act in furtherance of the conspiracy was taken by either party.
In this case, the State had the burden of proving, beyond a reasonable doubt, that the defendant “(1) with intent that conduct constituting a crime be performed, (2) agreed with one or more persons to engage in or cause the performance of such conduct, and (3) any one of them committed an overt act in pursuance of such conspiracy.” Because a written agreement almost never exists, the existence of a conspiracy may be inferred by the conduct of the defendant. Here, the defendant’s interaction with the driver in conjunction with his own statement about being resupplied established the requisite intent for conspiracy.
An overt act need not be performed by the defendant only, but by any of the coconspirators. The act doesn’t need to be “a criminal act in and of itself” to qualify. In this case, the Appellate Court found that:
[T]he finder of fact reasonably could have concluded that [the coconspirator’s] drive to [the defendant’s location], his subsequent flashing of the Acura’s lights, the defendant’s walk to the Acura, and any discussion following between the defendant and [the coconspirator] were all overt acts in furtherance of the conspiracy.
That the agreement itself failed to materialize was not relevant. As the Court explained, “a breakdown of an agreement does not end the conspiracy” and is not a recognized defense. Therefore, the judgment was affirmed.
Written by Lindsay E. Raber, Esq.
When faced with a charge for possession or distribution of controlled substances, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-211-3100 or at JMaya@Mayalaw.com.