STORY: "Hundreds of drug cases at risk in Braintree evidence room scandal," by Andrea Estes and Jim O'Sullivan, published by the Boston Globe on September 14, 2016.
SUB-HEADING: "Emerging scandal in evidence room puts hundreds of drug cases at risk."
GIST: "It began this spring when the Braintree police chief ordered
an audit of the department’s evidence room. But after the officer in
charge found out that the review was about to begin, the 20-year veteran
committed suicide, according to two people who have been briefed on the
case. Now, as audit details emerge and reveal missing drugs,
guns, and money, Norfolk District Attorney Michael W. Morrissey is
facing the possibility that hundreds of drug cases may have to be thrown
out because the evidence was tainted or lost. Norfolk Superior Court
judges dismissed the first five Braintree drug cases on Monday and
Tuesday at the request of prosecutors. “We won’t and don’t use tampered evidence. It’s that simple,” said
Morrissey in an interview. “We play by the rules, as painful as it is to
let some of these people go.” The emerging scandal at the
Braintree evidence room invites comparisons to the mishandling of drug
samples by former state chemist Annie Dookhan. Her widespread tampering
with drug evidence forced the dismissal of thousands of cases and the
closure of the state forensic lab where she worked. Braintree
officials are expected to release the results of the audit this week.
They have asked Attorney General Maura Healey to investigate whether any
crimes were committed. The audit, first reported by WCVB-TV, revealed that eight guns were
missing, along with $70,000 in cash and “a lot of drugs,” according to
someone with first-hand knowledge of the audit’s findings. At least two
of the weapons were found in Braintree police officer Susan Zopatti’s
house, this person said. Braintree Mayor Joseph Sullivan said town officials have already implemented plans to improve the oversight of evidence. “We are doing our work in responding to the audit,” he said. “We’ve
already established new protocols associated with the evidence room. We
are earnest and determined to take the corrective steps that are
needed.” Zopatti’s husband hung up the phone when contacted by a Globe reporter, and Braintree officials — including the mayor — have said very little publicly about how the drugs, guns, and money came to be missing from the evidence room. Braintree
Police Chief Russell W. Jenkins hired the auditor in May because he
suspected something was wrong, according to someone with direct
knowledge of the situation. He chose former State Police major Bruce
Gordon, who runs a company called Narcotics Audit Solutions and had
recently performed an audit of the police department in neighboring
Weymouth. Gordon met with Zopatti on May 13, according to a person briefed on the audit. She killed herself within a week. Zopatti
oversaw the evidence room from 2013 to 2016. Prosecutors are revisiting
all the drug cases that originated in Braintree during that period —
potentially hundreds of cases, according to Morrissey. All of
them, even closed cases in which the defendant accepted plea deals,
could be thrown out, Morrissey and two defense lawyers say. Morrissey’s office, which started notifying defense lawyers last
month, began dismissing cases this week — including that against Roberto
Castillo, who was arrested with a co-defendant at a Braintree motel in
2015 and accused of selling heroin, morphine, and cocaine. “I
commend the district attorney for being upfront. I think he acted
appropriately and properly to take steps to remedy the situation,” said
Castillo’s lawyer, Mark Bennett, of Milton. “But it’s troubling because
it undermines public confidence in the criminal justice system. The
entire system hinges on the police and everyone else playing by the
rules.” Judge Robert Cosgrove, who dismissed charges against five
Braintree drug defendants this week, said in court that the implications
of evidence room tampering are profound. “I presume if
(evidence) is kept in the Braintree evidence locker, I would think it
would be true of every case in the town of Braintree, would it not?”
Cosgrove said........Massachusetts has been rocked by multiple
evidence tampering scandals in recent years. Dookhan, who worked at the
now-closed state drug lab in Jamaica Plain, admitted in 2013 to
tampering with hundreds of illegal drug samples that she was supposed to
analyze, triggering the review of thousands of cases. She was granted
parole in April from her three- to five-year prison sentence. Two
years later, another state chemist, Sonja Farak, admitted stealing and
using drug samples she was analyzing at the state lab in Amherst. Her
admission jeopardized not only the cases she worked on but potentially
thousands of cases that were sent to the lab where she worked.
Prosecutors are still working with defense lawyers to determine which
cases should be dismissed. Morrissey said he has no choice but to throw out all the recent Braintree cases even if there’s no direct evidence of tampering. “I
tell people this: If I served you a bowl of piping hot beef stew and
you found the meat was rancid, would you set it aside and keep eating,
or would you send the whole thing back? You’d send the whole thing back.
”"
The entire story can be found at:
https://www.bostonglobe.com/metro/2016/09/13/hundreds-drug-cases-risk-braintree-evidence-room-scandal/MnyusOkXPNAKSIAtG65EQL/story.html
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The
Toronto Star, my previous employer for more than twenty
incredible years, has put considerable effort into exposing the
harm caused by Dr. Charles Smith and his protectors - and into
pushing for reform of Ontario's forensic pediatric pathology
system. The Star has a "topic" section which focuses on recent
stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Please
send any comments or information on other cases and issues of
interest to the readers of this blog to: hlevy15@gmail.com.
Harold Levy. Publisher; The Charles Smith Blog.