Saturday, January 28, 2017

Annie Dookhan: Massachusetts; White Elephant case: Decision of the State's highest court: There was a dissent that has been largely ignored in news reports; Thanks to the Boston Globe for reporting the dissent which unequivocally orders prosecutors to withdraw all of the Dookhan cases...Associate Justice Geraldine S. Hines wrote the only dissent, arguing that the court should have thrown out all affected convictions. The court had also considered dismissing all the convictions and allowing prosecutors the option to retry those cases, but Hines rejected even that prospect. “The need to adopt a swift and sure remedy for the harm caused by [Dookhan’s] deceit presents itself with palpable urgency. The time has come to close the book on this scandal, once and for all, by adopting a global remedy,” Hines wrote.



Image result for "white elephant"

In the years since I started publishing this Blog I have become increasingly disturbed by the 'white elephant' in the room: Sheer, unadulterated, willful   misconduct in the criminal justice system - much  of it involving forensic evidence - committed by lab technicians,  pathologists, police officers, prosecutors and others.  Think Annie Dookhan; Think Sonia Farak; Think David Kofoed; Think Charles Smith; Think Ken Anderson; Think Gene Morrison. Think Michael West;   I have therefore decided to run this image of a white elephant at the top of every applicable post henceforth, to draw our reader's attention to   what I see as a major problem in all too many criminal justice system's - my own included.  Harold Levy; Publisher: The Charles Smith Blog;
"Reformers have for years recommended that all forensic labs be independent from law enforcement and prosecutorial agencies' and this is a key reform promoted by The Justice Project (2008). But fixing these problems is only half the answer' because half of the wrongful convictions attributed to misleading forensic evidence involved deliberate forensic fraud' evidence tampering' and/or perjury.
From "The Elephant in the Crime Lab," by co-authored by Sheila Berry and Larry Ytuarte; Forensic Examiner; Spring, 2009;

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"The state’s highest court on Wednesday ordered prosecutors to drop a large portion of the more than 24,000 drug convictions affected by the misconduct of former state drug lab chemist Annie Dookhan, issuing an urgent call to resolve a scandal that has plagued the legal system since 2012. The Supreme Judicial Court declined to order a wholesale dismissal of the cases potentially tainted by Dookhan’s mishandling of drug evidence, as lawyers for the defendants had sought. But in the ruling, the justices acknowledged that the state’s handling of the cases so far has been inadequate. The court said district attorneys across the state must “exercise their prosecutorial discretion and reduce the number of relevant Dookhan defendants by moving to vacate and dismiss with prejudice all drug cases the district attorneys would not or could not reprosecute if a new trial were ordered.” The cases affected by the ruling include people who pleaded guilty, were convicted, or admitted that prosecutors had enough evidence to convict them. By vacating the cases, the convictions would effectively be erased. In the ruling, the court acknowledged the enormity of the task before prosecutors, giving them 90 days to decide which cases to throw out and which are supported by other evidence.........Associate Justice Geraldine S. Hines wrote the only dissent, arguing that the court should have thrown out all affected convictions. The court had also considered dismissing all the convictions and allowing prosecutors the option to retry those cases, but Hines rejected even that prospect. “The need to adopt a swift and sure remedy for the harm caused by [Dookhan’s] deceit presents itself with palpable urgency. The time has come to close the book on this scandal, once and for all, by adopting a global remedy,” Hines wrote."
https://www.bostonglobe.com/metro/2017/01/18/state-high-court-orders-prosecutors-drop-weak-dookhan-cases/SAvG09FT8lb6Mcv8cMMIKO/story.html?ct=t(DNA_Newsletter_144_28_2015)