COURT: POLICE LACKED PROOF FOR DRUG RAID

Plymouth County District Attorney Timothy Cruz will appeal a decision
not to charge a Pembroke store accused of selling drug paraphernalia.
Plymouth District Court Clerk Magistrate Lucy Canavan this week
refused to issue a criminal complaint against Karen Brennan Fontana,
owner of Brennan's Smoke Shop, saying police had not proved the pipes
and other items they seized were used for illegal drugs.

Canavan made her decision in writing but said it was not a public
document and would not release it.

Prosecutors will appeal the decision to a judge, Cruz spokeswoman
Bridget Norton Middleton said today.

Police raided the shop on Nov. 16. Three weeks ago, two employees of
Spencer's Gifts in the Hanover Mall were charged with possession with
intent to distribute pipes used to smoke marijuana. Police said [Name
redacted], 17, Halifax, told an undercover police officer how to use
a water pipe to smoke marijuana.

The case against the other employee, assistant store manager [Name
redacted] 18, of Braintree, was dropped for lack of evidence,
Middleton said. [Name redacted] was ordered into a court "diversion
program" for six months, Middleton said. The charge against him will
be dropped if he completes the program and he won't have a criminal
record, she said.

The investigation began after a Boy Scout leader told police that
marijuana pipes were being sold at the store.