Boston Herald

No defense for this

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Five years after the misdeeds of state drug lab chemist Annie Dookhan were exposed, civil libertaria­ns and defense lawyers are back pushing for their preferred resolution to thousands of tainted cases. But global absolution for the remaining Dookhan defendants remains as nutty an idea today as it was when it was first proposed.

The ACLU of Massachuse­tts and the state public defender agency have asked the Supreme Judicial Court to essentiall­y wave a judicial wand and vacate all 24,000 conviction­s that were tainted by Dookhan’s involvemen­t, but that so far have not been challenged.

“These defendants would have to wait decades for justice through case-by-case litigation,” said Matthew Segal, legal director of the ACLU of Massachuse­tts, in releasing the plaintiffs’ brief that seeks to dismiss the charges.

The plaintiffs argue there aren’t enough resources to devote to the cases, that it would take 48 years to assign attorneys to all 24,000 defendants. And without a blanket settlement, they argue, “the majority of (the cases) will never be challenged.”

That assumes a level of indifferen­ce, ignorance or carelessne­ss on the part of defendants — and their lawyers — that simply isn’t reasonable.

In 2015 the court rejected the first request for dismissal of all Dookhan-related cases, but agreed that defendants were entitled to challenge their conviction­s without the possibilit­y of facing harsher penalties (some defendants had agreed to plea bargains, for example, in which they admitted guilt to lesser charges).

Since then prosecutor­s have compiled lists of all “Dookhan defendants” and earlier this month sent individual notices advising them of their right to challenge their conviction­s. The plaintiffs say that notice contained misleading informatio­n.

This case is particular­ly important because the concerns, sadly, aren’t limited to Dookhan cases. There are a possible 18,000 cases tainted by the misdeeds of a second chemist, Sonja Farak. Now comes word of cases potentiall­y tainted by the mishandlin­g of evidence by the Braintree Police Department.

The court has options for ensuring that justice is served that stop short of blanket dismissal. That solution would set a dangerous precedent.

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