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Commonwealth v. Sinforoso6/15/2001
om the barracks could be interpreted as an alert to others involved that the cocaine shipment had been intercepted by police. He instructed the person on the other end of the telephone to tell "everyone" at the shop about the arrest and declared, "They will know what to do from there." This statement supported the inference that the defendant knew that there was cocaine in the automobile. See Commonwealth v. Garcia, 409 Mass. 675, 687 (1991) (jury could infer knowledge of drugs from defendant's statement on telephone at police barracks that "I got busted. . . . They got most of it").
In combination, these facts showed more than the defendant's mere presence in the vehicle and permitted the jury to infer that the defendant did indeed have knowledge of and a connection to the drugs in the compartment. Although none of these facts alone would be enough to show the defendant's knowledge of the cocaine in the car, taken together, they "tip the scale in favor of sufficiency." Commonwealth v. Brzezinski, 405 Mass. 401, 410 (1989), quoting Commonwealth v. Albano, 373 Mass. 132, 134 (1977). Thus, there was no error in the judge's denial of the defendant's motion for a required finding of not guilty.
Judgment affirmed.
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