Marijuana Policy Project

A grand jury has indicted a Concord High School student who was arrested in March during an alleged marijuana bust on two felony drug charges.

One of the indictments simply states that John Huckins, 17, possessed less than 1 ounce of marijuana and that he intended to distribute the drug. The other indictment goes further, alleging that Huckins possessed that marijuana within 1,000 feet of a secondary school, a charge that carries a harsher penalty. The grand jury handed down the indictments late last week at Merrimack County Superior Court.

Huckins's attorney has raised questions about the circumstances surrounding his client's arrest, arguing that Huckins was illegally entrapped by the police after being lured to Bishop Brady High School. The arrest came after the principal of Bishop Brady confiscated a student's cell phone and then posed as that student while negotiating a drug deal with Huckins via text messages.

According to a police report, Huckins twice voiced concern about meeting on school grounds. But Jean Barker, the Bishop Brady principal, pushed for him to come to the school.

Asked why Huckins is facing the higher charge for allegedly possessing marijuana near Bishop Brady, Merrimack County Attorney Dan St. Hilaire said, "We just go by the facts." In this case, St. Hilaire said, "the fact of the matter is that the drugs were allegedly sold within the school zone, and that's where the point of arrest was."

Although the grand jury indicted Huckins on two counts, he would be subject to one penalty if found guilty, said Susan Venus, a lawyer at the Merrimack County Attorney's Office. Essentially, the two indictments offer different options. The indictments are identical, save for the inclusion in one of the school zone charge.

Yesterday evening, Huckins's attorney, Mark Howard, declined comment on the indictments until he could discuss them with his client. "I am just learning of them now," Howard said of the indictments.

In a court hearing last week, Howard argued that by negotiating a drug deal and luring Huckins to the school, Barker violated the law. Barker only involved the police, Howard said, after setting up the alleged meeting.

Howard also took issue with the actions of the police. When the police arrived at Bishop Brady shortly before the proposed drug sale, Howard said, they urged Barker to continue pressing Huckins to come to the school, even after Huckins expressed reluctance. According to a police report, Barker arranged the marijuana sale and then called the Concord police to inform them of the situation.

If the case goes to trial, Howard said last week, he would continue to argue that the police illegally entrapped Huckins. "It's clear that John was resisting this, and it's clear the police were encouraging Barker to get him to come and do this," Howard told the Monitor. "That, at least, gives the basis for an entrapment defense."

Howard also said that he would argue that by reading the text message that Huckins sent to the confiscated phone, Barker violated the state's law against eavesdropping.

The two indictments against Huckins carry different penalties.

If convicted of possessing less than 1 ounce of marijuana for the purpose of distributing it, Huckins could face a maximum prison term of three years, a fine of up to $25,000 or both, according to state laws referenced in the indictment.

The school zone allegation dramatically increases potential punishments. If convicted of possessing a controlled drug within a school zone with the intent to sell, the maximum prison terms and fines double. According to the statute referenced in the indictment, such a conviction would carry a mandatory minimum prison sentence of one year.

The events that led to Huckins's arrest began March 6, when Barker confiscated a Bishop Brady student's cell phone. According to a police report, Barker's exchange with Huckins began when Huckins text-messaged his friend's phone at Brady, asking, "Yo, need a bag?" Suspecting that the message referred to marijuana, Barker pretended to be the cell phone owner and responded, "Yea I can wait at the back door."

After setting up the drug deal, Barker called the police. The police arrested Huckins on Columbus Avenue, near Bishop Brady.

After his arrest, Huckins was suspended from Concord High School, where he is a senior. Under a deal reached last week between Huckins's attorney and the school district, Huckins can finish his senior year, but he will not be allowed to attend his senior prom, class day or graduation ceremony. As part of the deal, Huckins agreed to drop a lawsuit against the school district, in which he alleged that district officials violated their own rules regarding suspension procedures.