Off Topic: MA: Crime lab drug analyist’s misconduct coupled with state’s failure to disclose leads to dismissal of more cases

In the case involving the drug lab chemist’s theft of drugs and false reports, the Massachusetts SJC orders dismissal of other cases not already dismissed by the state for the combined effect of her actions and the state’s failure to adequately properly respond when it learned about it and disclose what happened to the affected defendants during their cases. Committee for Public Counsel Services v. Attorney General, 2018 Mass. LEXIS 691 (Oct. 11, 2018)*:

We conclude that Farak’s widespread evidence tampering has compromised the integrity of thousands of drug convictions apart from those that the Commonwealth has agreed should be vacated and dismissed. Her misconduct, compounded by prosecutorial misconduct, requires that this court exercise its superintendence authority and vacate and dismiss all criminal convictions tainted by governmental wrongdoing. While dismissal with prejudice “is a remedy of last resort,” it is necessary in these circumstances (citation omitted). Id. at 316. No other remedy would suffice in this case, where the governmental misconduct was “egregious, deliberate, and intentional,” and resulted in a violation of constitutional rights that “give[s] rise to presumptive prejudice” (citation omitted). Id.

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