Blame the pharmacist for giving accused Agawam robber so many pills, defense lawyer says

http://www.masslive.com/news/index.ssf/2016/11/dont_blame_the_pharmacist_for.html

SPRINGFIELD — A defense lawyer for a man accused of trafficking in a prescription painkiller argued Monday her client never should have been accused of having “trafficking weight” of the drug he is alleged to have stolen from an Agawam pharmacy.

Ralph Damico, 63, of Agawam, faces charges of armed robbery, larceny of a drug and trafficking a Class A drug (oxycodone) in the amount of 200 grams or more.

Susan E. Hamilton, Damico’s lawyer, argued to Hampden Superior Court Judge Edward J. McDonough that it is clear from the minutes of grand jury testimony there was no evidence her client wanted anything more than pills for personal use. She said her client shouldn’t be charged with trafficking just “because the pharmacist handed over a tremendous amount.”

“So you’re saying it’s the pharmacist who chose the amount?” McDonough said. Hamilton said that was what she was saying. She also said there was no weapon used or shown in the robbery so her client should only be charged with unarmed robbery.

McDonough on Tuesday denied Hamilton’s motion to get the indictments reduced or dismissed.

He did say Hamilton had a “novel argument” in saying her client didn’t have the intent to sell the pills but the pharmacist was responsible for the large number of pills, for a weight of 257 grams. But, the judge said, there was no support in the law for that argument.

The robbery occurred about 3:30 p.m. Jan. 14, 2015, at the Springfield Street Walgreens. “He got away with 10 or 11 bottles with 100 pills in each,” Agawam Police Lt. Edward McGovern said at the time.

Assistant District Attorney Janine Simonian said she thinks it’s unfair to blame the clerk at the pharmacy for the amount of oxycodone stolen by Damico. She alleged Damico said he had a gun and needed oxycodone.

Surveillance video and witness reports gave officers a description of the suspect and his van. Police located a matching van in a mobile home park adjacent to the Walgreens, Simonian said.

Police found 80 oxycodone pills in a dresser in his trailer, Simonian said. Damico told police he thought he could sell the pills around the trailer park, she said.

 

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