"Thousands of drug cases tainted by disgraced former state
chemist Annie Dookhan are expected to be marked for dismissal today
after more than four years of litigation and a high court decision that
forced the hands of prosecutors across the commonwealth. Attorneys
with the American Civil Liberties Union expect that roughly 20,000
cases will be set for dismissal today by prosecutors. The ACLU, the
state public defender’s office and private attorneys have urged mass
dismissal for years. “It’s great for the people who were convicted by this evidence
because they can finally get out from underneath the crippling
collateral consequences of a drug conviction,” said Matthew Segal, legal
director of the ACLU of Massachusetts. “Hopefully this will help those
people get housing and jobs and get on with their lives.” The SJC
in January gave prosecutors until today to list all of the convictions
they want to dismiss. For the rest, district attorneys are required to
certify in a letter that they can and will produce evidence — not
handled by Dookhan — that could secure a guilty verdict if they are
forced to go to trial again. When the SJC issued its decision, there were estimates that 24,000 cases may have been corrupted by Dookhan.........SJC Chief Justice Ralph Gants, who
authored the Dookhan decision, wrote that it “respects the exercise of
prosecutorial discretion.” But it was clear that thousands of cases
would have to be dismissed, as district attorneys would be hard-pressed
to re-prosecute an avalanche of aging, small-time drug offenses.........It is unclear
how so-called Dookhan defendants will be notified about the dismissals
or when the SJC will act on the lists of cases that will be put before
it today. The time frame for when records will be wiped clean is also
undetermined. “It has taken many years and there was an injustice
inherent in the slowness of the pace, but it’s better late than never,”
said Peter Elikann, the former chairman of the Massachusetts Bar
Association’s criminal justice section. “This affected a lot of people
over the years, and this is finally a positive, happy note.”:
http://www.bostonherald.com/news/local_coverage/2017/04/close_to_20000_tainted_drug_cases_may_be_wiped_today
http://www.bostonherald.com/news/local_coverage/2017/04/close_to_20000_tainted_drug_cases_may_be_wiped_today