Commonwealth v. Krisco Corp.

The defendants, Krisco Corp. and Kristopher Ogonowsky, each were indicted by a Middlesex County grand jury on four counts of violating G. L. c. 21C, § 5 (1994 ed.), which prohibits, inter alla, the transfer of hazardous waste to an unlicensed individual. Each defendant was also indicted on two counts of attempting an illegal transfer of hazardous waste in violation of the statute. The defendants filed a motion to suppress evidence seized from a dumpster on the defendants’ commercial premises. After an evidentiary hearing, a judge in the Superior Court granted the defendants’ motion. A single…