The prosecutor and defense lawyer had tried to get a judge to accept an 8-month sentence for Orlando Soto, charged with heroin trafficking in Springfield.
SPRINGFIELD -- A 59-year-old city man arrested in a February raid that police touted as a "HUGE Heroin Seizure" saw his drug trafficking case dropped this week as the legal fallout over videos showing a former narcotics detective threatening two teenage suspects continues.
The Dec. 6 document filed by prosecutors to end the case against Orlando Soto says the case was dropped because it is "not in the interest of justice" to pursue it. That is language prosecutors most often use in filings to end cases without a trial or plea deal.
The prosecution's decision to abandon the case follows a failed bid in November to resolve it through a plea agreement.
The Soto case is one of dozens affected by the involvement of Officer Gregg Bigda, a former narcotics detective who played a key role in Soto's arrest and the investigation that led to the raid.
Bigda returned to work at the Springfield Police Department this week after a 60-day suspension over his February interrogation of the juvenile suspects. He is now assigned to the records bureau.
In the videos, recorded Feb. 27 in holding cells at the Palmer Police Department, Bigda and Detective Luke F. Cournoyer are seen questioning two of four teens accused of stealing an undercover police vehicle. Bigda threatens violence against both of the boys, and threatens to plant drugs on one of them.
Defense attorneys have used the videos to call Bigda's credibility as a witness into question in a number of unrelated cases, including Soto's. Prosecutors, meanwhile, have reported that Bigda may not be available to testify.
In early November, Assistant District Attorney Amy D. Wilson and defense lawyer Stephen E. Shea asked Hampden Superior Court Judge John S. Ferrara to accept a plea by Soto to a lesser charge and sentence him to the eight months he had served awaiting trial.
Soto had initially been charged with heroin trafficking in the amount of 36 to 100 grams and violation of a drug-free school zone. Under the plea agreement, Soto would have pleaded guilty to the lesser offense of possession of heroin with intent to distribute. The violation of a drug-free school zone charge would have been dropped.
One of the primary reasons given for the proposed plea agreement was Bigda's role in the case.
But Ferrara would not accept the sentencing recommendation, so the case went back in line for trial.
Ferrara said his choice would have been to impose a sentence of three years in state prison. He cited Soto's past criminal record, as well as the amount of drugs police allegedly seized -- over 3,600 bags of heroin -- as a reason he would not accept time served as a sentence.
Shea filed a motion to dismiss the Soto case based on Bigda's involvement, but the motion was not heard because the case was dropped.
Wilson told Ferrara in November Bigda "may or may not be available to testify in the future." She said Bigda was the police contact of a confidential informant who made heroin buys from Soto.
Bigda was also part of the team that executed a search warrant in the case, and Bigda wrote the affidavit to get the search warrant, she said.
"I understand the problems with Detective Bigda," Ferrara said at the time, adding that he understood consideration was offered to Soto to prevent a situation that "may be embarrassing to the police department."
Before Ferrara rejected the plea agreement, he asked Wilson if the case could be made against Soto without Bigda's testimony. She said Bigda would be needed to testify about a number of issues in the investigation and arrest.
She said if the case went to trial there would be a risk of acquittal -- whereas the plea agreement would result in a conviction on Santos' record.
"The driving force behind this is Detective Bigda's involvement," Shea, the defense lawyer, said at the plea hearing.
He said Soto's case was heard by a Hampden County grand jury after Springfield police had the footage of Bigda's interrogation of the teens in Palmer. He said in a motion to dismiss that he would argue the tape -- which, echoing other attorneys, he said calls Bigda's credibility into question -- should have been presented to the grand jury.
When Soto and a co-defendant were arrested in February, the Springfield Police Department issued a press release with pictures of the drugs allegedly confiscated and the suspects' booking photos.
"Time for Heroin dealers to take a hint ... don't deal in Springfield," police spokesman Sgt. John Delaney wrote in the release.
Police said Soto was arrested Feb. 24 when search warrants were executed at his home and that of a relative. Wilson said police had information about Soto selling heroin, and that a confidential informant made buys from Soto Feb. 14 and 21.
Police were told Soto kept small amounts of heroin at his home at 351 Oakland St. and kept larger amounts at his relative's home at 222 Orange St.
At Orange Street, police said they forced entry after knocking and found 3,649 bags of heroin as well as personal papers belonging to both Soto and his relative, Daisy Aviles, who was also charged with heroin trafficking, Wilson said.
At Oakland Street, where officers forced entry after knocking, police said Soto and another man fled out a window onto the roof. The other man came back in, but police had to go out on the roof to arrest Soto, Wilson said.
Aviles' case was also dropped by the prosecution. Soto has said all the drugs at both homes were his.
Soto has been held in lieu of $10,000 bail while awaiting trial.