Commonwealth v. Leno,

616 N.E.2d 453 (1993)

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Nature of the Case

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Facts

Defendant Leno is a fifty-five-year-old grandfather, who had been addicted to alcohol, cocaine, heroin, or various pills from age twelve to forty-five. Defendant Robert Ingalls said that he is fifty-three years old and works as a landscaper. He joined Leno in operating a needle exchange program as a matter of conscience. Ds legally purchased new sterile needles over-the-counter in Vermont. Ds were arrested June 19. They accepted dirty needles in exchange for clean needles; they exchanged between 150 and 200 needles each night, for fifty to sixty people. Ds did not charge for the service or the materials. Ds were charged and convicted of unauthorized possession and distribution of drug instruments. Ds told the police they were exchanging clean syringes and needles for dirty, possibly AIDS contaminated needles in order to prevent the spread of AIDS. Expert testimony was offered at trial regarding the fact that Ds' exchange would not harm the community and that deaths would be prevented as well as the reduction in the spread of AIDS. The judge refused to instruct on the defense of necessity. Ds appealed.