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News (Media Awareness Project) - US MA: Up In Smoke - Spencer's Employees Arrested For Selling
Title:US MA: Up In Smoke - Spencer's Employees Arrested For Selling
Published On:2006-01-18
Source:Hanover Mariner (MA)
Fetched On:2008-01-14 18:49:22
UP IN SMOKE: SPENCER'S EMPLOYEES ARRESTED FOR SELLING HOOKAHS

Friday the 13th certainly proved unlucky for two South Shore teens
working at the Hanover Mall.

On Friday afternoon, Hanover Police arrested two Spencer Gifts
employees and seized 28 hookahs - large smoking devices of Middle
Eastern origin - from the Hanover Mall store.

[Name redacted], of Halifax and Assistant Manager [Name redacted], of
Braintree were taken into custody and charged with violation of laws
prohibiting the sale or distribution of any item that, according to
state law, one should reasonably know "will be used to inject,
ingest, inhale or otherwise introduce into the human body a
controlled substance." Hookahs are legal in the U.S. much the same
way pipes and rolling papers are legal. Traditionally, hookahs are
used to smoke sweet and flavored tobacco. The arrests were made a
day after Hanover Narcotics Officer Jonathan Abban conducted an
undercover operation at the store, during which [Name redacted] sold
him a hookah and, according to police, gave Abban advice on how to
smoke marijuana with it. The operation led to a search warrant which
was issued by Hingham District Court, and executed the following
day, Friday, by Abban and Hanover Lt. Walter Sweeney.

[Name redacted] and [Name redacted] were released on bail and their
own recognizance. By selling hookahs and other drug-related
paraphernalia, including T-shirts and posters with marijuana
insignias on them, Hanover Police Chief Paul Hayes said Spencer's is
undermining the department's drug awareness and educational
programs, particularly the annual Drug Awareness Week program which
is held at the Hanover Mall.

"It's kind of a kick in the face," Hayes said. "With all the work we
do trying to educate the community about the dangers of drug abuse,
it's insulting for [Spencer's] to turn around and sell things like
hookahs. "Kids go in that store all the time," Hayes added. "They
see that stuff, they think it's cool and funny, and it isn't. It's
all about a profit margin for the store. They don't care who sees it
or who buys it, as long as they're making their money."

Spencer Gifts has a reputation of being edgy in terms of the
products they sell. Crude gag gifts, erotic games and drug and
alcohol-related paraphernalia have been sold at the store since it
opened in the Hanover Mall more than a decade ago.

Recently, Spencer's also began selling beer bongs - essentially,
plastic funnels with a long tube attached at the bottom, designed
for the rapid consumption of alcohol.

Representatives from the Hanover Mall and the Spencer's store
declined to be interviewed, and Spencer's corporate headquarters did
not return calls. On Tuesday, George McElroy, [Name redacted]'s
attorney and a Hanover resident, described the arrest of the
Spencer's employees as "prosecutorial abuse." He also indicated that
Spencer's corporate offices are looking to take responsibility in the
matter. According to McElroy, lawyers from the Spencer's offices
were on hand at Tuesday's arraignment at Hingham District Court to
lend their support for [Name redacted] and [Name redacted].

"Spencer's has said that it wants to take the heat for this,"
McElroy said. "They can't have kids being brought up on charges for
something that the store sells all over the country."

"We have real criminals in Hanover, and the police need to be out
catching them," McElroy added, "not prosecuting kids in the mall for
selling a perfectly legal item."

According to McElroy, [Name redacted] has been offered a plea
agreement of eight hours of drug-education class at High Point and
eight hours of community service. At press time, [Name redacted] had
not accepted the plea agreement. McElroy maintained his client's
innocence in the matter, and indicated that a plea agreement was not likely.

"He didn't do anything wrong," McElroy said. "He sold a perfectly
legal product to an over-eager cop, and now they want to drag him
through the mud for it. This is a good kid, and we're not going to
agree to plea that labels him a drug offender when he isn't. He's
never done a drug in his life, and if necessary, he'll take a test
right here."

If convicted, [Name redacted] and [Name redacted] face a maximum
sentence of up to two years in prison and fines of up to $5,000.
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