Commonwealth v. Thomas

Claiming that the prosecutor’s closing argument improperly urged the jury to adopt a theory of guilt by association, the defendant appeals from his convictions of possession of a Class B substance (cocaine) with intent to distribute, G. L. c. 94C, § 32A(a), and possession of a Class B substance (same cocaine) in a school zone with intent to distribute. G. L. c. 94C, § 32J. We conclude that the trial judge’s instructions did not palliate the problem the argument created; therefore, we reverse the convictions and remand the matter for a new trial.

In her closing, the prosecutor urged the jury to…