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Monday, December 09, 2019 {{ new Date().getDay() }}

Due to a scandal involving a former state chemist who admitted faking tests, nearly 20,000 Massachusetts criminal drug cases are to be dismissed. This will mark the largest number of drug cases thrown out in U.S. history because of one person. chemist Annie Dookhan pleaded guilty in 2013 to meddling with evidence during her nine years working at a state crime lab in Boston. in an effort to make herself seem more efficient, Dookhan identified evidence as illegal narcotics without testing it. in January, The Massachusetts Supreme Judicial Court ordered prosecutors across the state to dismiss the majority of convictions connected to that lab.

Reprinted with permission from ProPublica.
by Patrick G. Lee 

During her career as a Massachusetts lab chemist, Annie Dookhan has admitted to making up drug test results and tampering with samples, in the process helping send scores of people to prison. Her work may have touched some 24,000 cases.

On April 18, nearly five years after Dookhan’s confession, prosecutors submitted lists of about 21,587 tainted cases with flawed convictions that they have agreed to overturn. The state’s highest court must still formally dismiss the convictions.

Once that happens, many of the cleared defendants will be freed from the collateral consequences that can result from drug convictions, including loss of access to government benefits, public housing, driver’s licenses and federal financial aid for college. Convicted green card holders can also become eligible for deportation, and employers might deny someone a job due to a drug conviction on their record.

“The bad news is, it took a lot of time and litigation to get to this point. But the good news is, the courts are working really hard to make sure this relief is meaningful,” said Matthew Segal, the legal director of the ACLU of Massachusetts, who helped represent some of the Dookhan defendants.

The state’s public defender agency has opened a telephone hotline (888-999-2881) to field questions that defendants may have about their convictions and whether they were dismissed. Prosecutors have until mid-May to send notice to those whose convictions were not overturned — in about 320 cases — so that those defendants can decide whether to request a new trial. Those cases involve what prosecutors considered to be the most serious offenders, and prosecutors believe that they have enough clean evidence to defend the original convictions.

The earliest Dookhan cases go back to 2003, which means that some individuals have been living with a flawed drug conviction for nearly a decade and a half. Lawyers for defendants, prosecutors and the state’s top court are also grappling with the question of how to find and contact defendants who may have been deported from the U.S. due to their now-overturned convictions, Segal said.

As a result, the effects of having an illegitimate drug conviction wiped away may not be immediately felt by many defendants.

“The longer that these tainted convictions remained on the books, the more power they’ve had and the more sway they’ve had over people’s lives,” said Luke Ryan, a criminal defense lawyer who has been following the Dookhan fallout and is also representing clients harmed by another Massachusetts drug lab scandal. “They’ve made choices around where they live, whether they can apply for public housing. They’ve foregone educational opportunities because they didn’t think they would be able to take advantage of them, they haven’t pursued job opportunities that maybe they could have gotten.”

The prosecutors’ move to dismiss thousands of cases follows a January decision from Massachusetts’ highest court, which required them to decide which Dookhan convictions they would maintain and which ones they would dismiss. For years, prosecutors opposed any wholesale review of Dookhan-involved cases and at one point argued that they had no duty to send notice to convicted defendants of the possibly tainted evidence.

In September, prosecutors finally mailed out thousands of notices, but the letters lacked key information and were accompanied by an inadequate Spanish translation, according to the court. As of November, fewer than 2,000 Dookhan defendants had sought or gained relief from their convictions.

The most affected cases — nearly 8,000 — came from Suffolk County, which includes Boston. All of the convictions were based on “reliable, admissible evidence” in addition to Dookhan’s tainted test results, and many of the defendants have criminal records that extend beyond the Dookhan cases, according to a statement from the Suffolk County District Attorney’s Office.

The county’s mass dismissal “represents a good faith effort to meet the high court’s goal of winnowing the number of Dookhan defendants down to a manageable number,” the statement said.

The hundreds of defendants whose Dookhan convictions were not overturned could still decide to challenge them by requesting a new trial. If they cannot afford their own lawyer, the state public defender agency is required to provide them one for free.

“It will be a challenge. But it’s certainly a whole lot more manageable than the prospect of 20,000,” said Nancy Caplan, the attorney leading the agency’s Dookhan response. “It’s within the realm of possibility.”

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Trump speaking at Londonderry, NH rally

Screenshot from YouTube

Donald Trump once again baselessly claimed on Sunday that the COVID-19 pandemic was "going to be over" soon, just hours after his chief of staff suggested the administration was unable to get it under control.

"Now we have the best tests, and we are coming around, we're rounding the turn," Trump said at a campaign rally in Manchester, New Hampshire. "We have the vaccines, we have everything. We're rounding the turn. Even without the vaccines, we're rounding the turn, it's going to be over."

Trump has made similar claims on repeated occasions in the past, stating early on in the pandemic that the coronavirus would go away on its own, then with the return of warmer weather.

That has not happened: Over the past several weeks, multiple states have seen a surge in cases of COVID-19, with some places, including Utah, Texas, and Wisconsin, setting up overflow hospital units to accommodate the rapidly growing number of patients.

Hours earlier on Sunday, White House chief of staff Mark Meadows appeared to contradict Trump, telling CNN that there was no point in trying to curb the spread of the coronavirus because it was, for all intents and purposes, out of their control.

"We are not going to control the pandemic. We are going to control the fact that we get vaccines, therapeutics and other mitigation areas," he said. "Because it is a contagious virus, just like the flu."

Meadows doubled own on Monday, telling reporters, "We're going to defeat the virus; we're not going to control it."

"We will try to contain it as best we can, but if you look at the full context of what I was talking about, we need to make sure that we have therapeutics and vaccines, we may need to make sure that when people get sick, that, that they have the kind of therapies that the president of the United States had," he added.Public health experts, including those in Trump's own administration, have made it clear that there are two major things that could curb the pandemic's spread: mask wearing and social distancing.

But Trump has repeatedly undermined both, expressing doubt about the efficacy of masks and repeatedly ignoring social distancing and other safety rules — even when doing so violated local and state laws.

Trump, who recently recovered from COVID-19 himself, openly mocked a reporter on Friday for wearing a mask at the White House — which continues to be a hotspot for the virus and which was the location of a superspreader event late last month that led to dozens of cases. "He's got a mask on that's the largest mask I think I've ever seen. So I don't know if you can hear him," Trump said as his maskless staff laughed alongside him.

At the Manchester rally on Sunday, Trump also bragged of "unbelievable" crowd sizes at his mass campaign events. "There are thousands of people there," he claimed, before bashing former Vice President Joe Biden for holding socially distant campaign events that followed COVID safety protocols.

"They had 42 people," he said of a recent Biden campaign event featuring former President Barack Obama. "He drew flies, did you ever hear the expression?"

Last Monday, Rep. Francis Rooney (R-FL) endorsed Biden's approach to the pandemic as better than Trump's, without "any doubt."

"The more we go down the road resisting masks and distance and tracing and the things that the scientists are telling us, I think the more concerned I get about our management of the COVID situation," he told CNN.

In his final debate against Biden last Thursday, Trump was asked what his plan was to end the pandemic. His answer made it clear that, aside from waiting for a vaccine, he does not have one.

"There is a spike, there was a spike in Florida and it's now gone. There was a very big spike in Texas — it's now gone. There was a spike in Arizona, it is now gone. There are spikes and surges in other places — they will soon be gone," he boasted. "We have a vaccine that is ready and it will be announced within weeks and it's going to be delivered. We have Operation Warp Speed, which is the military is going to distribute the vaccine."

Experts have said a safe vaccine will likely not be ready until the end of the year at the earliest, and that most people will not be able to be vaccinated until next year.

Trump also bragged Sunday that he had been "congratulated by the heads of many countries on what we have been able to do," without laying out any other strategy for going forward.

Nationally, new cases set a single-day record this weekend, with roughly 84,000 people testing positive each day. More than 8.5 million Americans have now contracted the virus and about 225,000 have died.

Trump, by contrast, tweeted on Monday that he has "made tremendous progress" with the virus, while suggesting that it should be illegal for the media to report on it before the election.

Published with permission of The American Independent Foundation.