Commonwealth v. M.C.

DEA agents and Philadelphia Police began a narcotics investigation in late 2021 targeting the area of 2900 Hartville Street in Philadelphia. Over the corse of several months, police utilized confidential informants to purchase bulk amounts of fentanyl. Numerous transactions with the CIs were video and audio recorded, involving M.C. At the time of his arrest, M.C. was in possession of a backpack that contained 750 grams of fentanyl. The total amount of fentanyl recovered in the investigation was over 2.5 kilos worth over $750,000. Bail was initially set at $500,000 cash with a Nebbia (an order from the court providing that the funds being used to post bail are derived from a legitimate source. However, the defense was able to secure M.C.’s release with Sign On Bail (no bail) with the condition of Pretrial house arrest. Prior to trial, the defense filed several discovery motions that resulted in sanctions on the Commonwealth that precluded them from using any audio/video recordings of transactions and even the chemical testing of the narcotics. Without that evidence available, the Commonwealth was forced to withdraw all charges against M.C. on the day of trial.