SPRINGFIELD – It wasn't the 21 bags of heroin that Angel L. Resto allegedly sold that hurt his chances for low bail Monday. It was his 46-page arrest record. At a prosecutor's request, Judge William Boyle set bail at $10,000 after Resto denied two counts of heroin distribution during his arraignment in Springfield District Court. That figure was $9,500 more...
SPRINGFIELD - It wasn't the 21 bags of heroin that Angel L. Resto allegedly sold that hurt his chances for low bail Monday.
It was his 46-page arrest record.
At a prosecutor's request, Judge William Boyle set bail at $10,000 after Resto denied two counts of heroin distribution during his arraignment in Springfield District Court.
That figure was $9,500 more than requested by defense lawyer Brandon Freeman, who said his 50-year-old client has avoided legal trouble in recent years and is suffering from colon cancer.
But after reviewing Resto's state and federal arrest record, Boyle said low bail was not an option.
"Even if he had a 7-page record, I wouldn't" impose $500 bail, the judge said.
Resto sold heroin to a police informant on two occasions in June, according to Assistant District Attorney Jill O'Connor, who said West Springfield police learned that he was selling drugs from his Highland Avenue apartment.
The first sale, involving 11 bags, took place in the apartment; the second, for 10 bags, occurred in a parking lot near Resto's apartment and was witnessed by a narcotics detective, O'Connor said.
O'Connor asked for $10,000 bail, noting that Resto had served a three-year state prison sentence on a 2010 heroin distribution charge.
Resto also has convictions for failing to register as a sex offender, giving false information to police and other charges, as well as 8 court defaults, O'Connor said.
But Boyle said the defendant's seven-page record in Massachusetts represented only a fraction of his criminal history.
"Have you seen this," the judge asked both lawyers, referring to Resto's 39-page out-of-state record.
The so-called NCIS report - compiled by the National Crime Information Center for all 50 states - is not always available to lawyers before arraignments.
As the lawyers reviewed Resto's out-of-state file, Boyle decided to impose the $10,000 bail requested by O'Connor.
The judge also scheduled a pretrial hearing for next month.
According to the state's Sex Offender Registry Board, Resto is a Level 3 sex offender who was convicted in 1992 and again in 1995 for indecent assault and battery on a person over 14.