No bail for Pittsfield man caught before allegedly making 'big' heroin sale
PITTSFIELD — A city man who allegedly told police he was about to "make a big sale" is being held without bail after a police raid and vehicle search recovered more than 200 bags of heroin.
Max Bohan, 25, was arrested on Thursday along with another city man, Jason Simpson, 19, following the raid on Maloney Street about 10:40 a.m.
But Bohan's attorney has raised questions about whether the search was valid.
Members of the Berkshire County Drug Task Force had been investigating Bohan for heroin distribution since last September, according to court records.
The raid team had staked out Bohan's Maloney Street residence and when they saw him and Simpson enter a silver Nissan. They approached it and ordered both men out of the vehicle.
Both agreed to speak with police and when Bohan was asked where the heroin was, he pointed to an Arby's bag on the car's center console. The bag contained about 210 bags of heroin, most stamped with the word "McDonald's."
His attorney, Joseph Zlatnik, raised concerns about the validity of the search, noting the warrant was for a red Ford Escape, not the Nissan where the drugs were found.
Assistant Berkshire Attorney, Amanda Casselman told Judge Michael Ripps, that it was Bohan himself who told police where they could find the drugs before they had initiated any search.
Bohan also was carrying about $1,360 in cash and a pair of cellphones, police said. No drugs were found in the apartment.
The estimated street value of the drugs they did find is approximately $2,100, according to court files.
Bohan pleaded not guilty in Central Berkshire District Court on Friday to charges of possession of heroin with intent to distribute and conspiracy to violate drug laws.
Casselman asked Ripps to consider $50,000 bail, noting his criminal record and an open Superior Court case, which has seemingly not prevented him from continuing to sell drugs.
Zlatnik called that amount, "outrageous," and said despite numerous cases and "dozens" of court appearances, Bohan had only missed one he asked for $1,000 bail.
He was ordered held without bail for incurring new charges while he has a pending case in Superior Court on other narcotics charges and had a bail of $25,000 set on his new case.
Simpson pleaded not guilty to a charge of conspiracy to violate drug laws for allegedly acting as the driver during Bohan's drug sales. He was released on $500 bail.
Bohan and Simpson are due back in court for pretrial hearings on April 13 and May 13, respectively.
Contact Bob Dunn at 413-496-6249.
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