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GetSmart About Drugs - A DEA Resource for Parents

News Release
July 1, 2003

State Inmate Charged with Conspiracy to Distribute Heroin

Boston, MA... A Somerville man, currently serving time at the Plymouth House of Correction, was charged on June 18, 2003, in federal court with three counts relating to heroin distribution charges.

Mark R. Trouville, Special Agent in Charge of the Drug Enforcement Administration in New England; Phillip Mahoney, Chief of the Woburn Police Department; Richard Stanley, Chief of the North Andover Police Department; and James V. DiPaola, Middlesex County Sheriff and United States Attorney Michael J. Sullivan, announced today that Russell CHIARY JR, age 43, currently residing at the Plymouth House of Correction, was charged in an Indictment with one count of conspiracy to distribute, and to possess with intent to distribute, heroin, one count of attempting to distribute, and to possess with intent to distribute, heroin and one count of possession of heroin with intent to distribute.

The Indictment alleges that from December 2002, through March 2003, while an inmate, CHIARY agreed with others to distribute heroin and that in March 2003, CHIARY attempted to distribute heroin. Based upon an affidavit filed in support of a complaint in a related case, Mark O'Brien was a prison guard at the Billerica House of Correction, and agreed with CHIARY and others to smuggle into the prison a quantity of heroin to deliver to CHIARY, in exchange for a payment of oxycontin. Upon learning this information, law enforcement officials arranged to have another individual act in an undercover capacity as the source of supply for CHIARY. This individual contacted O'Brien and arranged to make the delivery of heroin to him, which O'Brien intended subsequently to smuggle into the prison. On March 26, 2003, an undercover agent met with O'Brien and handed him the heroin, and the payment of oxycontin. At that time, O'Brien was arrested.

On June 5, 2003, O'Brien, age 42, of 11 Treble Cove Road, North Billerica, Massachusetts, pleaded guilty before Chief U.S. District Judge William G. Young to one count of conspiracy to distribute, and to possess with intent to distribute, heroin. He is scheduled to be sentenced on July 22, 2003.

If convicted on these charges, CHIARY faces up to 20 years' imprisonment, to be followed by 3 years of supervised release, and a $1 million fine.

The investigation, initiated by the Middlesex County Sheriff's Office, was conducted by members of the U.S. Drug Enforcement Administration's Cross Borders Initiative, in conjunction with the Woburn and North Andover Police Departments. The Cross Borders Initiative of the DEA is a task force based in Lowell, Massachusetts, comprised of Special Agents of the DEA, members of the Massachusetts State Police, and the Lowell, Wilmington and the Salem, New Hampshire Police Departments.

Press Contact S/A Anthony Pettigrew, 617-557-2138

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