Massachusetts Evidence Falsification Scandal

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Massachusetts Evidence Falsification Scandal

Post by Murazor »

From the Huffington Post
Government Chemist Tampered With 40,000 Cases, Locking Countless Innocent Americans in Prison

MASSACHUSETTS — In a maddening scandal that is rocking the state of Massachusetts, a government crime lab chemist has been caught intentionally forging signatures and tampering with evidence in as many as 40,000 cases, destroying the lives of countless innocent Americans.

Annie Dookhan worked as a chemist for the State of Massachusetts, and it turns out she had close relations with prosecutors.

These prosecutors were able to successfully convict innocent Americans because Dookhan would chemically taint the “evidence,” resulting in career boosts for the prosecutors while innocent men and women were torn from their families and locked in cells.

Prosecutors praised Dookhan’s work and depended on her to get the convictions they wanted.

Hundreds of “convicts” and defendents have already been released, and there are potentially thousands more waiting to be set free.
Norfolk County District Attorney Michael Morrissey is reviewing thousands of files to determine which cases must be thrown out or retried because of potentially tainted evidence. | Source: Tovia Smith/NPR

Norfolk County District Attorney Michael Morrissey is reviewing thousands of files to determine which cases must be thrown out or retried because of potentially tainted evidence. | Source: Tovia Smith/NPR

Dookhan used her position to forge results for nearly a decade. ”I don’t think anyone ever perceived that one person was capable of causing this much chaos,” says Norfolk County District Attorney Michael Morrissey.

“You can see the entire walls full of boxes… in one of these cardboard boxes, there could be hundreds of cases … in each box,” says Morrissey.

Hundreds of defendants and “convicts” had been arguing that they were framed and claiming that the evidence used to convict them was mishandled. They were right.

In one recent case, a man was charged with “selling cocaine and heroin.” His public defender, Julieann Hernon, believes that this man was a potential victim of Dookhan’s fake evidence and ought to be released.

“[Dookhan] was mis-testing evidence, dry-labbing evidence, saying she had ‘conducted tests’ when she had not, deliberately tainting drugs,” Hernon said.

“Certainly, I think, we have to presume a taint here when Annie Dookhan was the chemist in the case,” Hernon says.

In another recent case, defense attorney William Sullivan was able to successfully reverse his client’s prior “guilt” because Dookhan was the secondary chemist involved in the conviction.
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Many other innocents have lost their careers, lost their children, and lost their marriages.

“This is a lab that was pretty much wholly and fully contaminated by Ms. Annie Dookhan,” Sullivan told the judge. “She had full access to everyone’s drugs.”

While many have been set free, they will never get the lost years of their lives back.

“The tragedy is that my client already did four years on this,” Sullivan says. “I mean, that is disturbing in itself.”

Many other innocents have lost their careers, lost their children, and lost their marriages.

Michael Morrissey, Norfolk County District Attorney, is now sifting through thousands of files to find out which should be thrown out because of Dookhan’s corruption and deceit.

In federal court, many innocents received even harsher sentences due to prior convictions based on Annie Dookhan’s fake “evidence.”

Several civil suits are getting started by those accused of crimes based on Dookhan’s tampering, accusing Dookhan of trampling on their rights to fair trials.

“I screwed up big time. I messed up. I messed up bad. It’s my fault. I don’t want the lab to get in trouble,” Dookhan was reported as saying.

Of course, Dookhan’s “screw up” — a “screw up” that she intentionally committed for nearly a decade — will never bring back the lives that have been destroyed.

In analyzing Dookhan’s career, it was found that she also routinely invented fanciful job titles for herself. Examples include “special agent of operations” and “on-call terrorism super­visor.” She would testify in court as an “expert.”

She maintained her composure year after year as innocents were bound and forced into prison cages.

The relationships she had with prosecutors are also under scrutiny. Dookhan once told a prosecutor in an email that she couldn’t use her expert testimony at a trial. The prosecutor replied, “No no no!!! I need you!!!”

Was the prosecutor intentionally depending on Dookhan’s deception to score a conviction and a career boost?

Many of the prosecutors became devoted fans of Dookhan and wanted to take her out for drinks, saying she was on their “dream team.” The Boston Globe provided an email between Dookhan and a prosecutor with whom she had a particularly friendly relationship:

“Glad we are on the same team,” he once wrote Dookhan — including one day in May 2010 when he told her he needed a marijuana sample to weigh at least 50 pounds so that he could charge the owners with drug trafficking.

“Any help would be greatly appreciated!” he wrote, punctuating each sentence with a long string of exclamation points. “Thank you!”

Two hours later, Dookhan responded: “OK . . . definitely Trafficking, over 80 lbs.” ­Papachristos thanked her profusely.

Boston attorney David Meier found that in Dookhan’s nine-year government position, over 40,ooo people may have had their cases tainted by Dookhan.

But the devastation done to families is impossible to calculate.

Dookhan is now facing charges of her own. If she is convicted she will receive a relatively light sentence of three to five years, which has outraged citizens even more.
Saw this on the news over here and could scarcely process the sheer scope of what the lady has done.

I didn't really need further reasons to distrust the American legal system, damnit.
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Re: Massachusetts Evidence Falsification Scandal

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Three to five years only? FFS.
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Re: Massachusetts Evidence Falsification Scandal

Post by Murazor »

Thanas wrote:Three to five years only? FFS.
That, too.

That is less than a slap on the wrist for almost literally destroying hundreds, if not thousands of lifes.
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Re: Massachusetts Evidence Falsification Scandal

Post by B5B7 »

She should get life, and the prosecutors should also be punished (won't happen though).
It seems also that there was a systemic problem - a single point of failure structure of the evidentiary system with no double checks or reviews, for nearly a whole decade.
Hundreds of defendants and “convicts” had been arguing that they were framed and claiming that the evidence used to convict them was mishandled. They were right.
This seems to be an endemic problem with many justice organizations - that there is no process for initiating investigations when there may be (or in this case definitely was) a failure of due process. Also, of course, there is often no desire for such independent examination.
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Re: Massachusetts Evidence Falsification Scandal

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She should be facing life without parole. McVeigh? Pah! A mere eight hundred casualties. People like Dookhan and Ciavarella are capable of far worse than that.
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Re: Massachusetts Evidence Falsification Scandal

Post by Gaidin »

I wouldn't even say life. I'd say 1-2 per case tampered with and let idiots like these scale up with their career of corruption.
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Re: Massachusetts Evidence Falsification Scandal

Post by Executor32 »

40-80,000 years sounds good to me. :D
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Re: Massachusetts Evidence Falsification Scandal

Post by Gaidin »

Executor32 wrote:40-80,000 years sounds good to me. :D
You grin, but I'm not really joking. I couldn't really help but shake my head at the jab at the 'American Legal System' in the OP. We're hardly the only country in this world to have to deal with this crap so forgive me for taking that statement with about the hugest grain of salt I can find. My first question in my head was if there were protocols for dealing with the messed up cases. And in the article there seemed to be. The DA's office is going over them, however many there are, and is deciding which need to be outright thrown out, and which need to be retried. It's never about whether there's a possibility of corruption, but whether there's a way of dealing with it. Once the idea of bribery came into play centuries ago, or hell longer than that, that's what it became about(even if this isn't really about bribery but position). If they didn't have a way to deal with the messed up cases and were just blindsided I'd worry about it. I only really shook my head at the 3-5 year sentence for the technician. That's just insane for the number of cases this person messed with. And while I'm not joking about 1-2 years per case and letting it scale up, I can also see a new law putting a max on it to avoid some court hitting it with a cruel and unusual ruling.
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Re: Massachusetts Evidence Falsification Scandal

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Gaidin wrote:You grin, but I'm not really joking. I couldn't really help but shake my head at the jab at the 'American Legal System' in the OP. We're hardly the only country in this world to have to deal with this crap so forgive me for taking that statement with about the hugest grain of salt I can find.
I generally expect nothing good from the judicial systems outside the First World, for a variety of reasons.

Of those in the first world, however, the United States seems to suffer from a seriously disproportionate amount of horrible crap. I've seen all kinds of reasons offered from the war on drugs to prosecutors being elective positions, going through a number more. Regardless, I am aghast at seeing something like this.
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Re: Massachusetts Evidence Falsification Scandal

Post by Edi »

Okay, so Dookhan gets three to five years. Will there be any repercussions for the prosecutors who depended on her falsification of evidence? How many of them will be going to jail, or getting fired from their jobs, disbarred and outcast from their profession?
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Re: Massachusetts Evidence Falsification Scandal

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Edi wrote:Okay, so Dookhan gets three to five years. Will there be any repercussions for the prosecutors who depended on her falsification of evidence? How many of them will be going to jail, or getting fired from their jobs, disbarred and outcast from their profession?
No mention in several articles I've found. There are reports of the woman faking her academic qualifications (apparently she didn't have an university degree), but nothing about the prosecutors being "in".

So, unless there is additional information that I haven't found or which hasn't been revealed, the prosecutors would seem more inept than actively malicious.
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Re: Massachusetts Evidence Falsification Scandal

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The lack of long prison sentences for betrayal of public trust in cases like this really demonstrates what a non-self-policing judiciary looks like.
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Re: Massachusetts Evidence Falsification Scandal

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Edi wrote:Okay, so Dookhan gets three to five years. Will there be any repercussions for the prosecutors who depended on her falsification of evidence? How many of them will be going to jail, or getting fired from their jobs, disbarred and outcast from their profession?

That depends on whether or not they knew. Most lawyers dont know enough about the subject matter to know if a lab technician is faking. They are generally convinced of guilt, and when someone finds say... a match to soil at the murder scene inside the treads of someone's boot, they wont question it.

Statements like this though
“Glad we are on the same team,” he once wrote Dookhan — including one day in May 2010 when he told her he needed a marijuana sample to weigh at least 50 pounds so that he could charge the owners with drug trafficking.

“Any help would be greatly appreciated!” he wrote, punctuating each sentence with a long string of exclamation points. “Thank you!”
Create an appearance of impropriety. This one at least suspected. There need to be institutional controls. Blind procedures. The technicians should never know what it is the prosecutors "need" or what cases they are working on. Take DNA samples.

Sample at the scene-->Computer generates an accession number-->sample processed-->standardized genotype loaded into computer attached to number.

Sample from suspect-->Computer generates an accession number-->Sample processed--Standardized genotype BLASTed against database of all prior samples, including state and federal databases.

--> Samples match, or they dont. May need to match manually if several close matches are present (and that will depend on methodology). From there, the sample accession numbers are given to the lead technicians who then pull the names. Logging software would track whenever names are pulled and who pulled them up to ensure that the single-blind procedure is maintained.
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Re: Massachusetts Evidence Falsification Scandal

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Will they send her out to California or somesuch to get her tried? I mean she's helped the careers of so many people, it would be frankly retarded to have her tried... well, anywhere on the eastern coast.

And, for some reason, I can't help but think something real weird: she was the most successful professional in her job.
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Re: Massachusetts Evidence Falsification Scandal

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I get the feeling this will very quickly become a "it's all her fault" case in order to avoid dealing with the prosecutors as well.
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Re: Massachusetts Evidence Falsification Scandal

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Of course it will.
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Re: Massachusetts Evidence Falsification Scandal

Post by Irbis »

Gaidin wrote:I couldn't really help but shake my head at the jab at the 'American Legal System' in the OP. We're hardly the only country in this world to have to deal with this crap so forgive me for taking that statement with about the hugest grain of salt I can find.
You're one of the very few having privately run prisons (with guaranteed 80-100% fill rate for the owner) that put enormous pressure on the system for more and more prisoners (innocents being best due to little trouble they cause) so the jab is fully justified IMHO.
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Re: Massachusetts Evidence Falsification Scandal

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Irbis wrote:
Gaidin wrote:I couldn't really help but shake my head at the jab at the 'American Legal System' in the OP. We're hardly the only country in this world to have to deal with this crap so forgive me for taking that statement with about the hugest grain of salt I can find.
You're one of the very few having privately run prisons (with guaranteed 80-100% fill rate for the owner) that put enormous pressure on the system for more and more prisoners (innocents being best due to little trouble they cause) so the jab is fully justified IMHO.
Very well, your argument takes the form "the American legal system has these private prisons, which make it extra-corrupt, which mean we should make jabs at it."

This is a logical way to structure a defense when someone accuses you of unfairly singling a third party out: truth can't be libel, and so on.

So I assume you are prepared to show us what proportion of Massachusetts prisons are privatized? After all, the convictions based on faked evidence here are coming out of Massachusetts, specifically, so presumably if private prisons are causing this, there must be a lot of private prisons in Massachusetts.

Or am I misunderstanding you?
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Re: Massachusetts Evidence Falsification Scandal

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I am going to say that of all the legal systems I have learned about and/or worked in, the US system takes the cake for stupidity and incompetence.

Now, would anybody else like to nitpick this or can we continue about how utterly corrupt this ...person must have been and how utterly inept the supervisors and legal system must have been to let this happen?
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Re: Massachusetts Evidence Falsification Scandal

Post by Alyrium Denryle »

Thanas wrote:I am going to say that of all the legal systems I have learned about and/or worked in, the US system takes the cake for stupidity and incompetence.

Now, would anybody else like to nitpick this or can we continue about how utterly corrupt this ...person must have been and how utterly inept the supervisors and legal system must have been to let this happen?
We have conflicts of interest that permeate out entire legal system. Judges and the District Attorney are elected, more often than not, which by definition is going to affect their decision making. Both because the public can punish them with lack of re-election if the public does not like applying the 4th amendment properly for certain types of suspects (for example), and because they have to raise election funds which makes them beholden to whoever gives them money. The private prison lobby for example, or the police union. A prosecutor is not going to go after a dirty cop with their campaign funds riding on whether or not the police union likes them.

Then there are all the other conflicts of interest, particularly those inherent to the adversarial system...
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Re: Massachusetts Evidence Falsification Scandal

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You know if she got one day for each potential innocent conviction, she would have 109 years in jail
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Re: Massachusetts Evidence Falsification Scandal

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Which is why the penalty for this level of betrayal of the public trust needs to be high in a healthy judiciary- the potential to do harm, for one person who keeps at it over many years of their career, is staggering.
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Re: Massachusetts Evidence Falsification Scandal

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Kitsune wrote:You know if she got one day for each potential innocent conviction, she would have 109 years in jail
That's the strangest thing about how this is reported: implying that she is solely responsible for literally hundreds of cases a day. That isn't enough time to even open an evidence bag for each case, you would have to be constantly typing reports without doing any work.
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Re: Massachusetts Evidence Falsification Scandal

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She worked in that job for "nearly a decade." Figure eight years, roughly 250 days on the job per year- "as many as 40,000 cases" means about 20 cases a day. Given that at least one of the things she's accused of is forging signatures, which is very easy to do, and another is faking lab results and falsely claiming to have done tests, it's at least plausible.

Basically, the problem is that she's apparently been caught faking so many different things that everything she ever worked on is suspect. Every result coming out of her lab since she worked there, suspicious. No doubt she didn't fake evidence in every one of those cases, but no one can know for sure which ones she did or didn't fake, so "as many as 40000" becomes a reasonable way to report things.
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Re: Massachusetts Evidence Falsification Scandal

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Simon_Jester wrote:She worked in that job for "nearly a decade." Figure eight years, roughly 250 days on the job per year- "as many as 40,000 cases" means about 20 cases a day. Given that at least one of the things she's accused of is forging signatures, which is very easy to do, and another is faking lab results and falsely claiming to have done tests, it's at least plausible.

Basically, the problem is that she's apparently been caught faking so many different things that everything she ever worked on is suspect. Every result coming out of her lab since she worked there, suspicious. No doubt she didn't fake evidence in every one of those cases, but no one can know for sure which ones she did or didn't fake, so "as many as 40000" becomes a reasonable way to report things.
Even if only 4,000 are faked, that is 11 years in prison with just a day of prison per case.
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