SPENCER'S CLERKS OFF THE HOOK

DA's Office Drops Charges

For the most part, all parties walked away satisfied. The Plymouth
County District Attorney's office decided last week not to pursue
criminal complaints against two Spencer's Gifts employees who were
arrested in January for selling drug paraphernalia at the store in
the Hanover Mall. Charges against [Name redacted], 17, for selling a
hookah to an undercover Hanover police officer were dropped after
agreements were reached between Spencer's Gifts corporate counsel,
the Hanover Police Department and [Name redacted]'s attorney George
McElroy. The DA's office also filed a Nolle Per Sequi, a provision of
Massachusetts Trial Law that allows prosecutors to elect not to
pursue criminal cases prior to arraignment, for 18-year-old [Name
redacted], who was working as an assistant manager at the store when
she and [Name redacted] were arrested Friday, Jan. 13. In
both cases, charges were never officially filed and will therefore
not be a matter of record.

"It's like a dismissal, but a little different," Assistant District
Attorney Bridget Norton Middleton said on Thursday. "It was in the
interest of justice to let her go. The DA's office looked at the
case and decided that there was insufficient evidence to proceed
with the case." Steven Jones, [Name redacted]'s attorney, said he's
pleased with the DA's decision. "The district attorney's office
should be commended for the way they handled the case," Jones said.
"They looked at the facts in front of them, and I think they made
the right decision."

According to McElroy, he made an agreement with the district
attorney that will erase the charges from [Name redacted]'s record
in exchange for his completion of eight hours of community service
and eight hours of diversionary education at High Point Treatment
Center in Plymouth.

"They did the best they could do for him," McElroy said. "We still
don't think he did anything wrong, but the charge would have ruined
his life and ruined his chances of getting into college, so we
agreed to terms with the DA's office." The deal also included
agreements with Hanover Police Chief Paul Hayes and lawyers
for Spencer's Gifts. Both Hayes and McElroy said attorneys for
Spencer's Gifts made a verbal promise to remove the hookahs from the
Hanover location's shelves permanently. Spencer's also agreed to pay
for [Name redacted]'s classes at High Point, according to McElroy.
As of Thursday, Heather Golin, a representative for Spencer's, said
she was not prepared to confirm or deny any agreements Spencer's may
have made.

"Spencer's wanted the case to end without anyone actually being
charged with anything, and that was fine with us as long as the
hookahs stay off the shelves," Hayes said. "I think we made our
point clear, and we've brought to light that these things, hookahs
and other items, are primarily intended for use with marijuana. Even
if other towns don't make drug paraphernalia enforcement a priority, we will."

"The problem's been solved," Hayes added, "and we're moving on."