"Imagine, for a moment, you are one of the thousands of
defendants whose cases were sullied by Annie Dookhan’s drug-lab
skulduggery. Shouldn’t someone let you know? But who? Should it be the prosecutors who made cases using evidence
her actions tainted? Or, less plausibly, the overburdened defense
attorneys whose clients were harmed by her? Incredibly, more than four years after Dookhan’s crimes
were first uncovered, this simple question of justice remains
unresolved. Thousands of those whose lives were affected haven’t been
notified of their rights, including the possibility of a new trial. Many
still have no idea they are Dookhan defendants. The mess isn’t even close to being cleaned up. And what a mess it is. The state chemist, who analysed drug samples for prosecutors, pleaded
guilty in 2013 to filing false test results and mixing samples, casting
doubt on some 20,000 cases......... “We are still very,
very, very far from any kind of realistic solution to this lab crisis in
Massachusetts,” said Daniel Marx, a Foley Hoag attorney who, along with
the ACLU and the CPCS, has sued two district attorneys in an effort to
force them to do more. In other places where there have been lab
scandals — Texas, New York, California — prosecutors have voluntarily
identified tainted cases and notified defendants, Marx said. Prosecutors
here say they can’t do that because it would constitute giving legal
advice to defendants, which ethics rules prohibit. Nonsense. Notice
doesn’t constitute advice, said Marx and others. “Those are
excuses,” he said. “There is no ethical bar to prosecutors doing in
Massachusetts what prosecutors have done . . . around the country.” Some
prosecutors are willing to do more. Though her office has been slower
to gather docket numbers for unresolved Dookhan cases, Middlesex
District Attorney Marian Ryan took an aggressive approach to resolving
the tainted cases brought to her attention. “This is on us,” she said. She is open to notifying defendants, working alongside CPCS, if the court makes a path clear. “I want people to be notified,” she said. “I don’t think we can dump 7,000 names at CPCS and say, ‘Good luck.’ ” Some
defendants would have been charged and convicted even without the
tainted evidence. But some were wrongfully convicted, or given harsher
penalties, because of it. The consequences of that can last a lifetime. In
court papers, CPCS estimated it would take 16 full-time paralegals a
year to track down defendants in the Dookhan cases. Every hour they
spend on that debacle is an hour they can’t give to other clients. “Robbing
Peter to pay Paul is not a reasonable, responsible, or constitutionally
feasible approach,” chief counsel Anthony Benedetti said in an
affidavit. In papers filed this week, Marx and others asked Margot
Botsford, the Supreme Judicial Court judge tasked with resolving the
Dookhan mess, to decide whether prosecutors must notify defendants.It’s time for the judge to put her foot down. Every day this drags on further harms the integrity of the justice system. Dookhan is the government’s mess. Prosecutors should lead the cleanup."