Saturday, April 9, 2016

Bulletin: Kamal Shah; New Jersey: Prosecutor’s Office says the lab tech allegedly mishandled at least 11 other cases: "The Passaic County Prosecutor’s Office is notifying defense attorneys that a State Police lab technician who was recently removed from work for faking a drug test result has mishandled at least 11 other cases. The notice is the clearest indication yet that Kamal Shah’s alleged misconduct relates to a lot more cases than the one bungled drug test that authorities said was the cause for his suspension in December."...Defense attorneys, however, have said that re-testing is not a sufficient remedy, and that a drug sample cannot be trusted once it was in the hands of a technician who is accused of fraud. They also argue that Shah’s removal not only casts doubt on the thousands of cases he handled, but also on the quality-control procedure at the lab. All of Shah’s lab reports were reviewed and signed by colleagues and supervisors. If he acted fraudulently, then those who reviewed his work were either negligent or complicit, which raises questions as to the entire lab’s credibility, according to defense attorneys. Many have already filed motions seeking to have indictments and convictions thrown out and guilty pleas withdrawn."


"The Passaic County Prosecutor’s Office is notifying defense attorneys that a State Police lab technician who was recently removed from work for faking a drug test result has mishandled at least 11 other cases. The notice is the clearest indication yet that Kamal Shah’s alleged misconduct relates to a lot more cases than the one bungled drug test that authorities said was the cause for his suspension in December. The state Attorney General’s Office had said in a letter last month that Shah was removed after he was observed “spending insufficient time” on a drug test and that he was removed from work immediately. The office also instructed all county prosecutors in the state to notify defense attorneys about Shah’s removal for all drug cases in which Shah was the technician who conducted the drug test. But a March 10 letter sent to defense attorneys by the Passaic County Prosecutor’s Office states that “a next-day review of [Shah’s] work reportedly revealed either errors in reports or that his case notes were missing key information, in 11 cases that Mr. Shah prepared.” Shah was a technician at the Little Falls lab for 10 years, where he conducted drug tests and prepared lab reports that were later used in court as evidence against narcotics defendants. Authorities have said Shah was involved in more than 7,800 drug cases statewide.........Maureen Parenta, a spokeswoman for the Bergen County Prosecutor’s Office, said Wednesday that the county has 2,300 drug cases in which Shah prepared lab reports. It is not yet clear how prosecutors and the courts will handle those cases in which Shah’s reports were used. The letter by the Passaic prosecutors states that “for those cases that are currently pending in Superior Court, the [drug] evidence will be submitted to the State Police laboratory for re-testing.” Defense attorneys, however, have said that re-testing is not a sufficient remedy, and that a drug sample cannot be trusted once it was in the hands of a technician who is accused of fraud. They also argue that Shah’s removal not only casts doubt on the thousands of cases he handled, but also on the quality-control procedure at the lab. All of Shah’s lab reports were reviewed and signed by colleagues and supervisors. If he acted fraudulently, then those who reviewed his work were either negligent or complicit, which raises questions as to the entire lab’s credibility, according to defense attorneys. Many have already filed motions seeking to have indictments and convictions thrown out and guilty pleas withdrawn.........Shah has not been charged criminally, and authorities said they could not confirm or deny if he was under investigation. Officials have said he retired shortly after his removal from his $101,039-a-year job, and his pension benefits have been suspended pending the allegations against him."
http://www.northjersey.com/news/passaic-county-prosecutor-s-office-says-n-j-lab-tech-mishandled-at-least-11-other-cases-1.15351