Judge set to toss 8,000 drug cases tied to scandal
A high court judge is ready to dismiss thousands of convictions tainted by a former state chemist who would steal — and use — drugs that were supposed to be used as evidence.
Supreme Judicial Court Justice Frank Gaziano said yesterday he was prepared to sign an order that would toss roughly 8,000 cases that were affected by chemist Sonja Farak’s misconduct. Civil rights attorneys and public defenders said they were prepared to work with prosecutors to give Gaziano a proposed order that he could approve immediately.
“If you folks get me an interim order — and you agree on Farak defendants now — I will sign it tomorrow,” Gaziano said during a hearing yesterday morning.
Ian M. Leson, a Suffolk prosecutor representing the office in the Farak fallout, told Gaziano district attorneys are working to get relief for people “as soon as possible.”
Prosecutors and defense attorneys agreed that the cases should be dismissed quickly to prevent ongoing issues that go hand-in-hand with a conviction — including immigration-related consequences, getting housing or applying for jobs.
“We could have all of these cases dismissed within a week, which would be great for all of these people suffering from the consequences,” said Rebecca Jacobstein, a staff attorney for the state’s public defender agency.
The Trial Court provided attorneys with a master list of drug cases from across the state yesterday. Prosecutors, defense attorneys and civil rights lawyers will review the list to make sure no so-called Farak defendants have fallen through the cracks.
There is also an issue concerning co-defendants. When multiple people are arrested on a drug charge, there is often one name listed on the evidence, according to defense attorneys. Prosecutors will now be tasked with determining whether some Farak defendants were left off lists due to that clerical issue.
Once cases are dismissed, the difficult task of notifying defendants will begin.
“We will work with the Attorney General’s Office and DAs to make sure we get letters out as soon as possible to tell people: ‘This is what happened to you, and your conviction has been erased,’” said Matthew Segal, legal director of the ACLU of Massachusetts, who added, “I hope it’s weeks, not months.”