The state’s highest court has upheld a conviction on several drug-related charges for a New York man accused of selling drugs in Waterville after he appealed the case on grounds that the court should have tried some of the charges separately.

Havier Olmo, of Brooklyn, N.Y., was convicted in April 2013 in a Kennebec County Superior Court jury trial on eight drug-related charges, including aggravated trafficking of drugs, unlawful trafficking and unlawful possession of drugs. He appealed the convictions, along with a 10-year jail sentence, saying that the court should have looked at charges dating to the summer of 2012 separately from charges stemming from drugs found on him when he was arrested in September.

Olmo’s lawyer said that since the accusations in each case were not related to each other, testimony on one set of crimes would unfairly influence the jury on the other.

The justices ruled that there was no prejudice because the prosecution was entitled to present evidence of a “common scheme” to operate an “on-going business” in the sale of oxycodone and bath salts.

Olmo was arrested Sept. 28, 2012, in Waterville on a warrant in an unrelated case. He tried to escape from police, who spotted him walking on Elm Street. When he was searched, Olmo was found with bath salts, 94 oxycodone pills and suboxone, according to the decision.

The arrest was made after a months-long investigation during which police said they observed Olmo selling drugs to undercover informants in Waterville.


Police also charged three other people who were believed to be connected to an apartment building located at 13 School St. where police said Olmo was staying, a short distance from the Albert S. Hall school. In the apartment they found five stolen firearms, drug paraphernalia and other drugs.

Rachel Ohm — 612-2368

[email protected]

Twitter: @rachel_ohm

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