Defense says Pittsfield man's cocaine for personal use, not for sale

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PITTSFIELD — A city man who was caught with cocaine in his possession last April is "a recreational drug user" who had the drugs for his own personal use, his attorney told a jury on Monday.

Carlton P. Harley Jr., 44, was caught possessing about four grams of cocaine after police responded to a disturbance on April 25, 2015. He is on trial in Berkshire Superior Court on one count of possession of cocaine with intent to distribute (subsequent offense).

His attorney, Joshua Hochberg, said the drugs he was found with was not for sale.

Assistant Berkshire District Attorney Joseph Yorlano said at the time of his arrest, Harley also had about $950 in cash, a pair of cellphones and an EBT card that was not in his name.

Yorlano said there was a lack of user paraphernalia found, including things like mirrors, razors straws or other items that would suggest the drugs were for his own use.

Hochberg told jurors during his opening statement, the cash was rent money and he would provide them explanations for the other disputed items during the course of the trial, which is expected to be brief.

Hochberg said he believes all of the evidence will likely be presented by the end of the day Tuesday, with closing statements and the beginning of jury deliberations to probably follow on Wednesday.

Harley was originally indicted on weapons charges connected to the case, but those were dropped Monday morning at the request of the state.

Contact Bob Dunn at 413-496-6249.


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