Defense wants evidence tossed in fentanyl case  | Merrimack Valley

SALEM, Mass. — A defense attorney for the father of a toddler exposed to fentanyl is trying to get potential evidence found by detectives during a search of his home thrown out, claiming police lacked grounds to search the Lawrence apartment. 

McDanner Pereyra and Jennifer Ouch, both age 27, were in arraigned in Salem Superior Court in early April on fentanyl trafficking and ammunition charges after their daughter, age 1, was exposed to fentanyl, a deadly, man-made opioid, in February. 

The child was expected to make a full recovery, police said.  

In court papers filed this week, Pereyra’s attorney said police lacked probable cause to search the first-floor apartment at 65 Osgood St. he shared with Ouch, their two children, and two roommates.

Fentanyl, Xanax, cash and ammunition were found by detectives during the search. 

But defense attorney Eduardo Masferrer said authorities lacked probable cause to search the apartment and did not “establish a nexus between the criminal activity – possession of narcotics – and the place to be searched – Mr. Pereyra’s residence,” he wrote in a motion filed Tuesday in Salem Superior Court. 

Masferrer said an affidavit in support of a search warrant must “contain enough information for the issuing magistrate to determine the mites sought are … related to the criminal activity under investigation; and … reasonably expected to be located in the place to be searched.” 

Police had “insufficient facts to show that the drugs would be found in Mr. Pereyra’s home,” Masferrer continued. 

A judge plans to hear arguments on the motion on June 24. 

Meanwhile, Pereyra is also scheduled to return to court on May 31 for a bail hearing. 

His bail was set at $20,000 cash during his superior court arraignment. 

Judge Thomas Dreschler also ordered Pereyra to wear a GPS monitoring device, to have no contact with children, not to possess any firearms and not to use any drugs, including marijuana.

Before Pereyra can be released, Dreschler said the GPS monitoring device must be in place. Ouch remains free on $10,000 bail, an amount previously set by a Lawrence District Court judge.

She was previously ordered to wear a GPS monitoring device and stay in her current residence at 25 Holton St., Lawrence.

Per order of the court, Ouch cannot have contact with children unless permitted by the state’s Department of Children and Families. She is also not to leave the state.

The couple were both indicted on charges of trafficking more than 10 grams of fentanyl, unlawful possession of a large-capacity weapon and illegal possession of ammunition, according to court papers.

Lawrence police initially arrested them both after testing revealed the presence of fentanyl in their 1-year-old daughter.

Police said Ouch brought the child to Lawrence General Hospital after she found a pill in the girl’s mouth. The emergency room visit triggered the investigation that resulted in the couple’s arrest.

Ouch initially lied, saying the baby found the pill on a store floor, according to police. However, the girl’s 6-year-old brother told officers she actually picked up the pill at their home and put it in her mouth.

Fearing state protective care workers might take the child away, Pereyra admitted to police that he told Ouch, his girlfriend, to lie and say the pill came from the store, according to a police report.

After the child tested positive for fentanyl, detectives and investigators with the state Department of Children and Families went to the hospital and interviewed the parents as well as her brother.

Police then obtained a search warrant for Pereyra and Ouch’s home at 65 Osgood St.

The warrant, issued Feb. 18, is signed by Clerk Magistrate Patrick Goff. Authorities were allowed to conduct the search anytime during the night, according to the document. 

Detectives said they found two plastic bags with fentanyl, one containing 32.1 grams and the other 11.8 grams.

They also found two and a half “bars” of Xanax, according to authorities.

Police also found a gun box under a bed containing a magazine with 11 9 mm rounds, a pistol holster, assorted firearm accessories and an operation manual for a semi-automatic pistol, police said.

They located $896 in cash under the mattress and found several boxes of 7.62 mm rounds of ammunition, 23 loose 9 mm rounds and 20 loose 7.62 mm rounds in a drawer in a front room, police said.

Pereyra denied owning a gun, according to investigators.

After the arrests, the children were placed in DCF custody, authorities said.

Staff reporter Julie Manganis contributed to this report.

Follow staff reporter Jill Harmacinski on Twitter @EagleTribJill.