And Justice For None

A Rolling Stone article by Paul Solotaroff:

Inside the biggest law enforcement scandal in Massachusetts history: How the system covered up tens of thousands of falsified drug tests – and how two teams of crusading lawyers exposed the wrongdoing

This is a long detailed article. I am just hitting the highlights of how two chemists helped prosecutors railroad thousands of people for The War On Drugs:

Meet Sonja Farak:

Since 2004, when she started pilfering drugs from her longtime place of employment – the Amherst crime lab of the Massachusetts State Police – her addiction to stimulants has galloped away and grabbed the reins of her life. She's a chemist who performs forensic analysis of the street drugs cops bring in, running samples through complex machinery to determine the chemical makeup of each substance.

A drug addicted chemist who works in a drug lab. What could possibly go wrong?

Until recently, Farak has been a standout performer. In less than nine years, she's helped send away between 8,000 and 10,000 defendants. The only thing more prolific than her output is her drug use. Farak's been high since virtually the day she was hired.

Easy access to drugs in the crime lab is one thing. This is ridiculous:

The Amherst site was decrepit and woefully mismanaged. It performed no routine audits and placed no cameras in the halls; employees had carte blanche access to the drug safe. So rudderless was the lab that Farak smoked crack in the restroom and cooked batches beneath the site's one working fume hood. Legally unfit to drive home at night, she was nonetheless allowed to do sensitive tests on samples she'd smoked or snorted herself.

Meet chemist number two:

This is the second massive scandal in five months. In August 2012, a chemist named Annie Dookhan was busted for faking tens of thousands of drug tests at her Boston lab, always in favor of the prosecution.

No drug addiction here. Annie was simply a highly motivated criminal justice warrior:

Dookhan's crimes were long suspected by her fellow chemists. They bitterly denounced her to their supervisors: Not only was she sending the presumed innocent to jail, she was making all her colleagues look bad. A crime-lab chemist is deemed productive if he or she tests 100 samples a month. Dookhan was doing 300, and seemed to have never encountered a single sample that didn't test positive for drugs.

The total count for two chemists:

Between them, the two chemists had potentially helped wrongfully convict more than 32,000 defendants.

Prosecutors with too much discretion are the real problem:

In the past 40 years, DAs have been given excessive powers to bully defendants into plea deals. Add-on "aggravators" – charges of selling in a school zone or near a public park; carrying a gun or knife while dealing, etc. – have been drafted in every state to get tough on dealers and maximize the time they serve in prison. Ninety-five percent of all convictions in America are plea-bargained in lieu of trial.

This is not an isolated problem:

"This could just be the tip of the iceberg," says one expert. "Prosecutorial misconduct is rampant in America."

Dookhan's cases were settled first:

It took Segal three years to get the list of Dookhan's victims, and another year to finally win them justice. In January 2017, the Supreme Judicial Court delivered a landmark decision called Bridgeman II. It ordered the state to retry the falsely convicted or dismiss their cases in 90 days. That spring, every DA with relevant verdicts brought forth their lists of dismissals. In a single day, April 19th, 2017, almost 22,000 people had their Dookhan convictions waived – it was the most in U.S. history.

Next up Farak:

As in Bridgeman, district attorneys were given a brief window to identify and dispose of Farak cases. On November 30th, their window closed. That morning, Segal picked up a client named Nicole Westcott and drove her into Boston for the decision. Westcott, seven months pregnant with her second child, was an addict well-established in recovery.

The happy ending to a long nightmare:

When she got to Segal's office, there were reporters and lawyers packing a conference room. At 10 a.m., some of the numbers were in. More than 6,000 cases were slated for dismissal; three of those cases were Westcott's. Shaking with some amalgam of disbelief and joy, she stood and fielded questions from the press.

https://www.rollingstone.com/culture/news/did-falsified-drug-tests-lead-...

More examples of vindictive, out of control prosecutors from a recent Slate article:

The Innocence Deniers: When convictions are clearly wrong, these prosecutors don’t just hinder justice—they actively work against it

This OP is long enough. Here's one example of injustice from the Slate article:

In June 2016, the California Innocence Project filed a vindictive prosecution motion, arguing that the retrial of William Richards was “unconscionable.” A month earlier, the California Supreme Court had ruled unanimously that Richards’ conviction for the 1993 murder of his wife Pamela Richards should be overturned, as it had been based on false evidence.

Shortly thereafter, San Bernardino County District Attorney Michael Ramos announced his office would prosecute Richards for a fifth time. “There was no way that they had any legitimate purpose in prosecuting him,” says Jan Stiglitz, co-director of the California Innocence Project. “They would have to be deluded to believe he was still guilty.”

Ramos is a prosecutor with a national profile. A Southern California Republican, he is the board chairman of the National District Attorneys Association, a powerful group of more than 4,000 prosecutors that meets regularly with the Department of Justice to offer its views on criminal justice policy. The son of Mexican immigrants, he is the first Hispanic district attorney for San Bernardino County, a jurisdiction with a population of more than 2 million people.

https://slate.com/news-and-politics/2018/01/innocence-deniers-prosecutor...

At the end of the Slate story is a link to seventeen more cases of denied innocence:

https://slate.com/news-and-politics/2018/01/innocence-deniers-seventeen-...

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Amanda Matthews's picture

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I'm tired of this back-slapping "Isn't humanity neat?" bullshit. We're a virus with shoes, okay? That's all we are. - Bill Hicks

Politics is the entertainment branch of industry. - Frank Zappa

Meteor Man's picture

@Amanda Matthews @Amanda Matthews
I Binged this story to see if there was any media coverage and was surprised that it had been reasonably well covered. This is the most recent update:

https://www.boston.com/news/crime/2016/04/12/annie-dookhan-lab-scandal-r...

And a book by a former prosecutor:

Blind Injustice: A Former Prosecutor Exposes the Psychology and Politics of Wrongful Convictions
by Mark Godsey

https://m.alibris.com/booksearch?keyword=Blind+injustice&mtype=B&hs=Search

I'll wait for the paperback edition.

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"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn

snoopydawg's picture

Ya think? This is beyond insane, but it's probably going on in a lot of other states just because of the stupidity of the drug war. I would have thought that places like this would have drug tested the employees, but I guess that's just for poor people who need food stamps.

That she was only sentenced for 13 months is also insane. With the number of people who were sentenced for longer terms should have gotten her more years. Or decades. I didn't read the reason why she wasn't.

Thanks for posting this.

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Which AIPAC/MIC/pharma/bank bought politician are you going to vote for? Don’t be surprised when nothing changes.

@snoopydawg Even corporate America still usually requires a urinalysis for a first hire. If you drive their vehicles I don't know that they test all the time, but they can legally do that if anything happens and shit can you pretty damned fast if you are high when it does. But hey, drug labs, no cameras, I mean, what could go wrong there?! Every retail store in America has cameras but the drug labs, well, whatever I guess.

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Only a fool lets someone else tell him who his enemy is. Assata Shakur

Meteor Man's picture

@lizzyh7
and smoking it in the restroom? I never heard of any work environment where an employee could get away with that. And this?

employees had carte blanche access to the drug safe.

It sounds like she had co-workers and nobody noticed her cooking up crack? I'm guessing they were all smoking or selling the drugs.

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"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn

snoopydawg's picture

@Meteor Man

I agree that it's possible that her coworkers were also gorked out of their minds too. Whata world.

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Which AIPAC/MIC/pharma/bank bought politician are you going to vote for? Don’t be surprised when nothing changes.

SnappleBC's picture

I certainly am not. The notion that we have a "judicial system" in the US is ridiculous.

Affluenza anyone?

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A lot of wanderers in the U.S. political desert recognize that all the duopoly has to offer is a choice of mirages. Come, let us trudge towards empty expanse of sand #1, littered with the bleached bones of Deaniacs and Hope and Changers.
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mimi's picture

Having the equivalent of an MS in Chemistry (graduated in 1975) my first job was in a toxicology lab of the largest psychiatric hospital in Berlin, Germany (Karl Bonhoeffer Nervenklinik). If you are interested you can google translate the Wikipedia page and also read this. I was pretty desperate to get a job, as at that time statistics said that there are over 220 applicants for each open job offering for Chemists. So, I felt relieved to get that one, even if it didn't was what I was prepared for.

It was usual for such jobs to go through a probatory period of six months, in which your employer could fire you one day to the next, without having to give explanations.

I realized after a couple of weeks that the lab's leading chemist was an alcoholic, but tried to "deal" with it by ignoring it. Three days before my probatory period ended I was called to the director of the whole hospital and presented with a notice of termination of my job contract. I was pretty shocked and asked why and what for.

It turned out that I, having been given the keys to the medication or drug safe, in which pure substances of drugs were stored that were needed to perform the blood and urine drug tests of the hospital's patients, had supposedly left that key on the counter top of the lab's work benches, and therefore posed a great risk to the addicted patients (as if they ever would have been able to enter the lab rooms at all) and endangered the proper functions of the toxicological lab. That was considered "willful negligence". Even after I could prove that I didn't leave the key given to me on the countertop, bringing my key back to the director of the hospital from my home only two hours later, where I had stored it, didn't help to convince the the director, that I hadn't been "willfully negligent". There had been several copies of that key, and one of them was "willfully" left on the counter top's benches to "arrange" for a "willful negligent" szenario...

So, I lost my first professional job in my life. ... eaxactly after five month and 28 days, on time so to speak.

I felt tricked into that situation by the leading other chemist (director) of the lab, who had an interest to get rid of me, to be sure his alcoholism wouldn't be 'revealed". So, I talked to a pretty good lawyer friend of my family's business, who just said to me after hearing all the details of the story, "to be glad to be out of there" and not regret it and look for another job. Legally there was nothing that could be done.

In the end it turned out that the director of the hospital (a physician) didn't want to have two chemists in that lab, and that they only had hired me, because they couldn't find a physician for that toxicology lab position. But there was another elderly physician in another department of the hospital who indicated to the director of the hospital, he would be willing to accept the lab position I was hired for and switch over to the lab. So, it goes.... whatever. It is not easy to witness psychiatric patients of that hospital each day going to work. I could never have handled being a nurse or physician in that environment. So, I guess the advice from my lawyer was a good one.

I remember too that years ago there were reports of drinking and ground water labs, testing for toxic cancer causing chemicals (I think it was somewhere in Texax), revealing that those labe were pretty sloppy and didn't work up to usual standards. I remember I was pretty amazed about it, but never thought it could be "intentional sloppiness".

Well, I am so critical of all of it today, that I wonder how much this article is in the business of "intentional" manipulation.

And then I think that I am just crazy to consider that possibility as well. I haven't read it all. So, forget about it. Just saying. I will read through the whole thing later. It's so confusing that the "Rolling Stones" can publish such good investigative reports, but the big newspapers can't. Oh well ...

Losing trust one report at a time. That really s...cks. What do you think, should I stop reading?

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Mark from Queens's picture

From the Real News Network, Trial Reveals Widespread Corruption in Baltimore Police Department

I've been covering this kind of stuff, police corruption, for a long time, and it was astounding to see the kinds of details come out as just one of their co-defendants who's already pled guilty testified. So two officers were standing trial in this case today: Detective Daniel Hersl, who for a long time has been accused by people in Baltimore's community, and specifically, rapper Young Moose, that I'd been writing about for a long time, of robbing from them and planting guns on them. And the second officer on trial, Marcus Taylor, was also someone who had been alleged by people in the community for some time of being engaged in this material. But we heard one of his coworkers today, Maurice Ward, for hours, as federal prosecutors questioned him, sit in the court room and describe a level of corruption that, even for Baltimore, is really just gobsmacking.

This unit, this Gun Trace Task Force unit, would rob people, would find out from the cellphone of another drug dealer, who a drug dealer that may have a lot of money in his home is, put tracers on their cars, track their cars, follow them for days, then when they're not home, go in, raid their house, steal all of their money. They went in one guy's place -- later got a warrant for it -- busted open the safe, stole $100,000 or more, left $100,000 in there, and then recreated breaking open the safe and made an entire fake video for it.

Ward, the former detective who has already pled guilty to a number of RICO charges and other racketeering charges, said that in that case, he got $20,000 out of it, and he threw that money away when he got to his house because there was no good way to hide it. And over time, was a big part of this, and this goes beyond Baltimore. Some people look at the wire and they say, "Of course Baltimore's police are corrupt." But this is something you have to think about in every city around the country when they're allowing police -- these officers often started their shifts after they were done. They were supposed to work from eight until four o' clock; they would come in at four, and then work and bring some guns in, and as long as they got guns, would sometimes charge eight hours of overtime, 12 hours of overtime in a single day, while also being paid for their ordinary shifts.

It goes on and on and on like this, all over the country. The DA's, judges, prosecutors and police force are all on the same side and perpetuate a filthy rotten system. It starts with failed policies like the racist Broken Windows policy (Taibbi tracks its history and infestation to police dept's for the past few decades in his latest, excellent book "I Can't Breathe: A Killing on Bay St"), and culminates in the School To Prison pipeline Michelle Alexander outlined in "The New Jim Crow," for which the United States, with only 5% of the world's population has 25% of its prisoners.

Abolish The Police. When put to real scrutiny, current policing in America (as well as the overly punitive prison system) is not a only a failed sector but a license for brutality, savagery and corruption that is completely out of step with the kind of socialist system based on progressive (for lack of a better word) values and ethics upon which we seek a society to be built.

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"If I should ever die, God forbid, let this be my epitaph:

THE ONLY PROOF HE NEEDED
FOR THE EXISTENCE OF GOD
WAS MUSIC"

- Kurt Vonnegut

dervish's picture

if government officials had to abide by the same laws and potential consequences that regular citizens do.

Those malicious prosecutors belong in prison.

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"Obama promised transparency, but Assange is the one who brought it."