May, 12 2016, 03:00pm EDT
ACLU Lawsuit Reveals One in Six Massachusetts Drug Convictions Tainted by Dookhan Scandal
WASHINGTON
Prosecutors responding to ACLU litigation have provided lists that, for the first time, identify more than 24,000 drug cases worked on by convicted chemist Annie Dookhan, in which people were convicted or had other adverse dispositions. These Dookhan cases appear to account for an astounding 25 percent of all drug prosecutions that led to conviction in the seven counties that used the Hinton State Lab during Dookhan's tenure, and one in six of such drug prosecutions in the Commonwealth over a 10-year period. Although nearly five years have passed since Dookhan's misconduct was first uncovered at the Hinton Lab, and several months since Dookhan's release on parole, this is the first time prosecutors compiled lists of the people and cases affected by the scandal.
The vast majority of the defendants in these 24,000 cases have not received any official notice that Dookhan worked on their case, let alone legal representation to help them challenge their tainted convictions. Yet their tainted convictions have brought years of jail time, as well as harsh collateral consequences, including deportation from the United States and difficulty finding employment or housing.
These revelations follow last week's report from the Massachusetts Attorney General's Office, written at the request of the Massachusetts Supreme Judicial Court, which found that Massachusetts is also confronted with a second enormous lab scandal arising from misconduct by chemist Sonja Farak at another state drug lab, in Amherst. According to the Attorney General, Farak used drugs daily during her eight years on the job, and her misconduct likely affects thousands more cases.
"It has taken five years and a lawsuit just to get a list of Dookhan's cases, and that list exposes the war on drugs in Massachusetts as a massive house of cards," said Matthew Segal, legal director of the ACLU of Massachusetts. "The misconduct during the Dookhan-Farak Era is of course shocking, but the broader issue is the spectacular failure of the war on drugs in Massachusetts. Over the last decade, Massachusetts has convicted thousands and thousands of people of drug crimes based on tainted evidence. Those people deserve justice, and the Commonwealth needs to address its own addiction--an addiction to addressing the problem of drug use through prosecution instead of treatment."
"This new information and the latest drug lab scandal in Massachusetts show that a case-by-case approach to this massive problem cannot serve the cause of justice or restore the integrity of our criminal justice system. We need a comprehensive solution," said Dan Marx, attorney with Foley Hoag LLP.
Anthony Benedetti, chief counsel of CPCS, said, "Getting to this point, where persons will be identified and contacted has taken far too long, and unfortunately, it is a prime example of justice delayed is justice denied." According to Benedetti, CPCS will do everything in its power to attain justice for those harmed by Dookhan and her tainted drug samples, but added, "Finding, contacting, and then providing counsel in the more than 24,000 cases will be impossible to accomplish within any length of time that would be consistent with due process. This impossibility is especially clear when it comes to providing counsel. Unless there is a comprehensive remedy, CPCS would be asked to recruit, train, pay, and provide support to a small army of lawyers qualified to represent the thousands of Hinton Lab clients whose cases have been affected. Such an effort could not be carried out within any reasonable period of time, would cost millions of dollars, and cause incalculable damage to CPCS, its clients, and the criminal justice system."
"Massachusetts has provided an unfortunate example for the entire nation," said Carol Rose, executive director of the ACLU of Massachusetts. "Nationwide, the drug war has failed to reduce drug addiction, but this astounding series of revelations highlights the ways in which it has also sown injustice. The war on drugs has created the perfect conditions for the abuses and problems we see on a huge scale in Massachusetts. This shows why it is time to end the punitive war on drugs and shift instead to a system of treatment for drug addiction, not incarceration."
The new data reveals important information about the extent of the drug cases tainted by the Dookhan scandal and about the challenges of using a case-by-case approach to try to remedy the wrongful convictions of the Dookhan-Farak Era:
* From 2003-2012, Dookhan's work accounted for approximately 24,481 cases in which prosecutors obtained adverse dispositions (including guilty pleas) for drug charges, including:
- Approximately 2,255 cases in Bristol County
- Approximately 1,322 cases in the Cape and Islands
- Approximately 4,216 cases in Essex County
- Approximately 3,540 cases in Middlesex County
- Approximately 2,361 cases in Norfolk County
- Approximately 2,097 cases in Plymouth County
- Approximately 8,690 cases in Suffolk County
* Dookhan's work appears to have accounted for about one-third of the cases in which prosecutors secured drug convictions (or other adverse dispositions) in Suffolk County, and at least one-fourth in Essex and Norfolk Counties.
* Dookhan's work accounted for approximately one-quarter of the drug prosecutions that led to conviction in the seven counties that relied on the Hinton Lab, and one-sixth of all such drug prosecutions in the Commonwealth.
* Although Dookhan was caught committing misconduct in June 2011, it took nearly five years and the Bridgeman suit for district attorneys to produce these conviction lists.
* District attorneys have not said when, if ever, they will produce similar lists of Farak convictions. But if the Farak scandal is half as big as Dookhan's, then about one in four drug convictions in Massachusetts over a decade will have been based on tainted evidence.
BACKGROUND
In May 2015, the SJC ruled in Bridgeman that Dookhan defendants have the right to challenge their convictions without fear of further punishment, and the SJC sent the case to Justice Botsford to determine how defendants would be identified and notified of their rights. This week's production of case lists results from that process. Under SJC case law, each of the defendants in these 24,000 cases is entitled to a presumption that Dookhan committed misconduct in their case.
Massachusetts SJC Justice Margot Botsford required state prosecutors to produce lists of Dookhan defendants in Bridgeman v. District Attorney for Suffolk County, a case brought by the ACLU of Massachusetts, the national ACLU, Foley Hoag LLP, and the Committee for Public Counsel Services. After the filing of the Bridgeman case in January 2014, county district attorneys twice declined requests by CPCS, the state public defender agency, to help identify Dookhan defendants.
Justice Botsford held a hearing on May 11 to discuss these findings, as well as the need to notify defendants. While the hearing marked a further step in the ongoing effort to identify and notify Dookhan defendants, it raised broader questions about the feasibility of addressing such large drug lab scandals on a case-by-case basis. The ACLU has long called upon the SJC to implement a global remedy for cases affected by misconduct at the Hinton drug lab.
For more information about Bridgeman v. District Attorney for Suffolk County, go to:
https://aclum.org/cases-briefs/bridgeman-v-district-attorney-for-suffolk-county/
For more information about the Farak scandal, go to:
https://aclum.org/uncategorized/shocking-misconduct-amherst-drug-lab-lasted-eight-years-tainting-thousands-convictions/
For more information about the ACLU of Massachusetts, go to:
https://www.aclum.org
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
300+ Arrested Outside Schumer's Home During Jewish-Led Seder Against Gaza Genocide
"No one is free until everyone is free," read a banner representing a Seder plate. "Jews say stop arming Israel."
Apr 24, 2024
As U.S. Senate Majority Leader Chuck Schumer prepared to vote on Tuesday night for a foreign aid package including billions to continue arming Israel in its bombardment of Gaza, roughly 300 protesters were arrested outside his home in Brooklyn for holding an "emergency Passover seder" protest, demanding the U.S. end its support for an assault that has killed at least 34,262 Palestinians.
The protest was led by anti-Zionist Jewish organizers with Jewish Voice for Peace, IfNotNow, and Jews for Racial and Economic Justice, with a large round banner representing a traditional Seder plate at the center of the protest at Grand Army Plaza, a block from Schumer's home.
Hundreds of people, some wearing traditional Palestinian keffiyehs, linked arms and chanted, "Free, free Palestine!" while blocking traffic and displaying the Seder plate.
"No one is free until everyone is free," read the banner. "Jews say stop arming Israel."
Schumer's home has been the site of numerous protests since October, when Israel began its attacks on and blockade of Gaza, which have left parts of the enclave facing famine and the entire population of 2.3 million people suffering from "acute food insecurity," at a minimum.
"A genocide being carried out in our names as Jews demands that we adapt our sacred tradition again, take to the streets, and do everything we can to prevent more death," author and activist Naomi Klein said at the protest.
The Biden administration has approved numerous weapons transfers to Israel, and the Senate overwhelmingly voted Tuesday night in favor of the package that includes $17 billion more in unconditional aid for the Israel Defense Forces.
Sens. Bernie Sanders (I-Vt.), Peter Welch (D-Vt.), and Jeff Merkley (D-Ore.) were the only members of the Democratic caucus who voted against the funding bill. Fifteen Republicans also opposed the bill over its inclusion of Ukraine aid.
The demonstration at Grand Army Plaza was organized amid a burgeoning protest movement on U.S. college campuses, including at Columbia University, where more than 100 students were suspended and then arrested for trespassing last week after setting up an encampment to demand the school divest from all companies that work with the Israeli government.
The student-led protests have been denounced by President Joe Biden and other pro-Israel critics as "antisemitic" and endangering Jewish students, despite the fact that Jewish students have helped to organize the nonviolent demonstrations.
One organizer, Calvin Harrison, told The New York Times that he attended the Brooklyn protest Tuesday night "because I'm a Jew and I was raised to believe that Judaism is about justice."
"Passover is a celebration of liberation for the future," he told the Times. "We can't celebrate liberation for ourselves while we're oppressing Palestinians."
Yonah Lieberman, co-founder of IfNotNow, recalled the group's Liberation Seder in 2016 in New York, where campaigners protested the Anti-Defamation League's support for the Israeli occupation of the Palestinian territories.
"Eighteen of us were arrested," he said. "Tonight: [Organizers] led a Seder in the streets demanding Schumer stop arming Israel. Hundreds are being arrested. The movement grows."
Keep ReadingShow Less
'Blood on Their Hands': 79 US Senators Approve Billions More in Military Aid for Israel
Sen. Bernie Sanders, one of just three Senate Democratic caucus members to oppose the bill, said that "U.S. taxpayers should not be providing billions more to the extremist Netanyahu government."
Apr 24, 2024
With the support of nearly 80% of the chamber's lawmakers, the U.S. Senate on Tuesday approved a sprawling foreign aid package that includes $17 billion in unconditional military assistance for the Israeli government as it ramps up its catastrophic assault on the Gaza Strip.
The final vote on the $95 billion package, which also included military aid for Ukraine and Taiwan, was 79-18, with just three members of the Senate Democratic caucus—Sens. Bernie Sanders (I-Vt.), Peter Welch (D-Vt.), and Jeff Merkley (D-Ore.)—and 15 Republicans opposing the bill.
Sanders called Tuesday "a dark day for democracy," condemning the upper chamber's refusal to even allow a vote on his proposed amendment to cut offensive military aid to Israel from the legislation.
"I voted no tonight on the foreign aid package for one simple reason: U.S. taxpayers should not be providing billions more to the extremist Netanyahu government to continue its devastating war against the Palestinian people," Sanders said in a statement following the vote. "Thirty-four thousand Palestinians have already been killed and 77,000 have been wounded—70% of whom are women and children."
"The housing in Gaza is destroyed; the infrastructure in Gaza is destroyed; the healthcare system in Gaza is destroyed; the educational system in Gaza is destroyed," Sanders added. "Enough is enough. No more money for Netanyahu's war machine."
The bill, which passed the House over the weekend, now heads to the desk of President Joe Biden, who is expected to sign it in the coming days.
"That Congress passed many billions of dollars for new weaponry for Israel that will be used to devastate Gaza, and could be used in a war against Iran, is deeply disturbing," said the National Iranian American Council.
The 79 senators who voted to pass Biden's foreign aid bill/expand Israel's genocide in Gaza: pic.twitter.com/bVQisvOndd
— Stephen Semler (@stephensemler) April 24, 2024
Overwhelming congressional and White House support for arms and military support stands in stark contrast to U.S. public opinion, which has increasingly turned against Israel's assault on Gaza in recent months as the grisly death toll and humanitarian emergency have worsened and evidence of Israeli war crimes has mounted.
As Tuesday's vote took place, thousands of Jewish New Yorkers and allies rallied outside of Senate Majority Leader Chuck Schumer's (D-N.Y.) home to voice outrage over U.S. lawmakers' growing complicity in Israel's military assault.
"We're here as thousands of Jewish New Yorkers, calling on Senator Schumer to halt weapons funding to Israel as it massacres and starves Palestinians in Gaza," said Eva Borgwardt, national spokesperson for IfNotNow, one of the groups that organized the mass demonstration on the second night of Passover.
A Gallup survey released last month found that 55% of U.S. voters—including 75% of Democrats, 60% of Independents, and 30% of Republicans—disapprove of Israel's military assault on Gaza. A separate poll commissioned by the Center for Economic and Policy Research showed that a majority of American voters support halting U.S. weapons shipments to Israel.
Since October, the Biden administration has quietly approved more than 100 arms sales to Israel, flouting U.S. laws that prohibit weapons deliveries to countries that are violating human rights or blocking American humanitarian aid.
"As I have said countless times, sending Prime Minister Benjamin Netanyahu's government the munitions it is using to destroy Gaza is wrong and inconsistent with our foreign policy goals," Welch said Tuesday after voting against the aid package. "It is unthinkable that an ally of the U.S. would conduct its military campaign with planes, tanks, bombs, and artillery supplied by the U.S., while impeding access for aid trucks to destitute civilians under its occupation."
"Urgent calls for peace are loudly echoing across the country but seem to fall on deaf ears on Capitol Hill."
Days before the Senate vote, mass graves were discovered at two Gaza hospitals that Israeli forces recently raided and destroyed. The United Nations Human Rights Office on Tuesday demanded an international probe into the mass graves, noting that bodies of Palestinians were found stripped naked with their hands tied.
"Victims had reportedly been buried deep in the ground and covered with waste," Ravina Shamdasani, a spokesperson for the U.N. High Commissioner for Human Rights, told reporters in Geneva on Tuesday.
One Gaza official toldCNN that a total of 300 bodies were found in a mass grave at the Nasser Medical Complex in Khan Younis and that "there were signs of field executions."
"The U.S. government is arming a regime creating mass graves in Gaza, indeed turning all of Gaza into a mass graveyard," Sarah Leah Whitson, executive director of Democracy for the Arab World Now, wrote on social media Tuesday.
On the heels of the Senate vote, Agence France-Pressenoted that one of its correspondents and eyewitnesses "reported heavy bombardment of several areas of northern Gaza."
"Early Wednesday, hospital and security sources in Gaza reported Israeli air strikes in Rafah, as well as the central Nuseirat refugee camp," the outlet reported.
The anti-war group CodePink said in a statement after Tuesday's vote in the U.S. Senate that "urgent calls for peace are loudly echoing across the country but seem to fall on deaf ears on Capitol Hill."
"People and the planet desperately need healthcare, housing, and climate justice, not a further descent into darkness through this massive war bill that funds death and destruction," the group added. "Every elected official who voted in favor of this bill has blood on their hands."
Keep ReadingShow Less
Defeating 'MAGA Dark Money,' Summer Lee Wins Primary in Landslide
"This is a huge testament to our collective strength and resilience as a progressive movement," said the executive director of Justice Democrats.
Apr 24, 2024
U.S. Rep. Summer Lee, a member of the progressive "Squad," won the Democratic primary for Pennsylvania's 12th Congressional District on Tuesday, fending off an opponent whose campaign was backed by a billionaire Republican megadonor and ally of Israeli Prime Minister Benjamin Netanyahu.
Lee, a vocal critic of the Netanyahu government and leading supporter of a cease-fire in Gaza, handily defeated Bhavini Patel, a borough councilmember in Edgewood, Pennsylvania whose effort to unseat the progressive incumbent was bankrolled by Jeffrey Yass, the state's richest man. Patel actively courted Republican and pro-Israel voters, characterizing Lee as "fringe."
With more than 95% of the vote counted, Lee is ahead of Patel by more than 20 percentage points.
"I am so humbled and proud to win my first primary reelection to be the congresswoman for this incredible district I've spent my life fighting for," Lee said after the race was called in her favor. "Our campaign was built on a record of delivering for our democracy, defending our most fundamental rights, and expanding our vision for what is politically possible for our region's most marginalized communities."
"Our victory is a rejection of right-wing interests and Republican billionaires using corporate super PACs to target Black and brown Democrats in our primaries—be it AIPAC or Moderate PAC or any other MAGA billionaire in Democratic clothing," Lee added. "Western PA is the blueprint for the future all of America deserves."
Opposing genocide is good politics and good policy. #CeasefireNOWÂ https://t.co/A7pnJNskWS
— Summer Lee (@SummerForPA) April 24, 2024
Through the misleadingly named Moderate PAC, Yass—a prolific tax dodger who has been floated as a possible treasury secretary pick if former President Donald Trump wins another term—spent hundreds of thousands of dollars boosting Patel and attacking Lee.
Rahna Epting, executive director of MoveOn Political Action, said that by ushering Lee to victory, residents of Pennsylvania's 12th District "soundly rejected MAGA dark money."
"MoveOn members are ready to defeat this dangerous flood of dark-money spending against progressive champions and ensure that we continue to elect working-class people to Congress," said Epting.
"Now that it's clear Summer won her primary, AIPAC's super PAC has already officially failed at their one goal for this cycle: taking out the entire Squad."
During her 2022 campaign, Lee faced and overcame huge spending by the powerful pro-Israel lobbying group AIPAC via its super PAC, the United Democracy Project. But the organization opted to stay on the sidelines this time around, even as it plans to spend $100 million to defeat progressives in this year's cycle amid growing public opposition to Israel's war on Gaza.
"They had every intention of spending in this race—but they didn't, because they realized they would likely lose," Justice Democrats executive director Alexandra Rojas wrote in an email late Tuesday. "And that is because all of us had Summer's back and supported her campaign to out-organize AIPAC in every way."
"This is a huge testament to our collective strength and resilience as a progressive movement," said Rojas. "Now that it's clear Summer won her primary, AIPAC's super PAC has already officially failed at their one goal for this cycle: taking out the entire Squad."
While AIPAC ultimately sat out the Pennsylvania race, it is devoting considerable resources to ousting other progressive lawmakers, including Reps. Jamaal Bowman (D-N.Y.) and Cori Bush (D-Mo.).
The pro-Israel lobbying group has endorsed Bush challenger Wesley Bell, calling him a "strong advocate for the U.S.-Israel relationship." As The Guardianreported last week, Bell has "raised more than $650,000 in earmarked contributions through the group Democracy Engine Inc. PAC—a donation platform that allows unpopular PACs to obscure their donations and lists AIPAC as a client on its LinkedIn page."
AIPAC is the largest donor to Bowman challenger George Latimer, who has supported Israel's war on Gaza and denied that Israel is committing genocide. The Democratic primary for New York's 16th Congressional District is on June 25.
We must be clear-eyed about what's next. @JamaalBowmanNY & @CoriBush are facing an existential threat from AIPAC, their GOP megadonors, and the politicians willing to compromise on core Democratic values to try to take a school principal & nurse out of Congress. #ProtectTheSquad
— Justice Democrats (@justicedems) April 24, 2024
Michele Weindling, political director of the youth-led Sunrise Movement, said Tuesday that following Lee's victory, "we're ramping up to take on AIPAC in Jamaal Bowman's race."
"With a candidate like George Latimer willing to sell their lies to the district, we are going to prove once again that a politician's commitment to their community beats dark money every time," said Weindling. "Whether it's in Pittsburgh or New York, Minneapolis or St. Louis, our generation is going to send billionaires packing and reelect the squad."
Keep ReadingShow Less
Most Popular