Prosecutors Dismiss More Than  19,000 Drug Cases in Mass.

  • FILE - In this Nov. 22, 2013 file photo, former state chemist Annie Dookhan sits in Suffolk Superior Court in Boston. Dookhan pleaded guilty to tampering with evidence and falsifying thousands of tests in criminal drug cases, calling into question evidence used to prosecute the defendants. The state's highest court ordered the district attorneys in Massachusetts to produce lists by Tuesday, April 18, 2017, indicating how many of the approximately 24,000 tainted cases they would not or could not prosecute if new trials were ordered. (David L Ryan/The Boston Globe via AP, Pool, File)

The Washington Post
Wednesday, April 19, 2017

Boston — Prosecutors in eight counties around Boston announced on Tuesday that they would dismiss more than 19,000 drug cases tainted by the misconduct of Massachusetts state drug lab chemist Annie Dookhan over a period of eight years, although nearly all of those convicted in her cases have already served their sentences.

The beginning of the end of the first Massachusetts drug lab scandal — another chemist in western Massachusetts may be responsible for just as many flawed cases — came five years after Dookhan’s actions were discovered, and over the strenuous objections of state prosecutors, who pushed for individual reconsideration of Dookhan’s cases rather than mass resolution.

Dookhan admitted falsifying reports, contaminating samples intentionally, grouping multiple samples together or simply not doing drug testing she certified she’d done. Dookhan pleaded guilty to multiple counts of tampering with evidence and obstruction of justice and served three years in prison.

The state public defender service and the American Civil Liberties Union said that individually relitigating 24,000 cases, with 20,000 defendants, would be both overwhelming to the state’s defense bar and pointless in light of what they called an unfair and ineffective war on drugs. So the Massachusetts Supreme Judicial Court, the state’s highest court came up with a solution, after declaring Dookhan’s deeds “government misconduct that has cast a shadow over the entire criminal justice system.” The court, in an opinion written by Chief Justice Ralph Gants, also acknowledged the ongoing impact of drug convictions on defendants’ abilities to find housing, jobs or financial aid.

The court in January ordered the district attorneys in all eight counties which received test reports from Dookhan to review her cases, determine which ones could or should not be retried, and present a list of all cases to be dismissed or preserved in 90 days. The court urged prosecutors to consider “whether a conviction warrants burdening the court system” with retrials, and more payments to defense attorneys. The prosecutors released that list on Tuesday.

The most cases were in Suffolk County, where Boston is located. Suffolk District Attorney Daniel Conley said in a news release Tuesday afternoon that his office would dismiss “viable drug convictions” against 7,886 defendants involving more than 15,500 charges, each of which he said had corroborating evidence beyond Dookhan’s drug testing. But he said he was making a good faith effort to abide by the supreme court’s guidance to winnow down the number of remaining Dookhan-related cases, and that even if a case were reopened probation or drug treatment could not be reimposed.

Conley said he would fight to preserve 117 of the most serious cases, or about 1.5 percent of Suffolk’s total number of Dookhan-related cases. He said those defendants had sustained more than 1,700 convictions for violent or weapons crimes, and that his office still had sufficient evidence to retry the cases if needed.

Some “Dookhan defendants” served several years in prison, and though they are now freed, “they continued to suffer the harsh collateral consequences of their tainted convictions,” including immigration status for some, said lawyer Daniel Marx, whose firm also represented the Dookhan defendants.

“Now, a majority of these wrongfully convicted individuals will have the opportunity to clear their records and move on with their lives.”