Accused Hampton drug dealer tied to fatal crash involving cyclists challenges evidenceBy JAMES A. KIMBLE
Union Leader Correspondent
December 02. 2013 8:55PM
BRENTWOOD — An alleged drug dealer tied to the fatal car crash that killed two Massachusetts cyclists during a charity event in Hampton is asking a judge to throw out all evidence seized from her home.
Cindy Sheppard, 48, of Hampton, said in Rockingham County Superior Court that the two search warrants used by Hampton police to raid her Ocean Boulevard apartment in May lacked any evidence demonstrating that she was dealing drugs.
Her lawyer, Neil Reardon, argued in court papers that one of the search warrants did not even mention his client by name.
A second warrant relies entirely on an anonymous source at the Rockingham County jail and text messages that “the police are assuming were sent by Cindy Sheppard,” according to Reardon.
“The affidavit contains a drug deal that never materialized and reports of two known drug users who were spotted at Cindy Sheppard’s address,” Reardon said in court papers.
The search warrants have remained under seal by a judge. Prosecutors have yet to respond to Sheppard’s claims.
Reardon is only challenging evidence tied to Sheppard’s initial arrest in Hampton on seven counts of possession of a controlled drug.
A decision would likely have no bearing on additional charges Sheppard faces in connection with allegedly providing a dose of Fentanyl to 19-year-old Darriean Hess.
Hess is facing charges of negligent homicide and second-degree assault for veering a 2002 Honda into a group of bicyclists on Sept. 21 hours after she was stopped by Hampton police for speeding and driving without a license.
Pamela Wells, 60, and Elise Bouchard, 52, both of Massachusetts, were killed after being stuck by Hess.
The women were participating in the Granite State Wheelmen Seacoast Century Ride. Two other cyclists, Uwe Uhmeyer, 60, and Margo Heigh, 54, also of Massachusetts, were injured.
Sheppard was charged with providing the painkiller to Hess roughly three weeks after being indicted on drug distribution charges.
Prosecutors said at a bail hearing in September that Sheppard operated a “drug enterprise” from her home.
Hampton police said Sheppard had 7.3 grams of heroin in her home, along with four ounces of cocaine and small quantities of crack cocaine, oxycodone, diazepam, methylone and marijuana.
Police learned about her alleged drug business after monitoring phone records of another person, according to prosecutors.
Sheppard remains held on bail in both cases. Reardon argued previously that his client, who is a double amputee from the knee down, suffers from a variety of health issues and poses no flight risk.