Massachusetts Drug Testing Lab Shut Down Amidst Investigation

October 04, 2012

Authorities are still trying to discover how a rogue chemist in a state drug lab affected evidence in thousands of criminal cases. The drug testing laboratory in Jamaica Plain has been shut down pending an investigation into procedural breaches that may lead to a number of drug crime convictions in Massachusetts being thrown out.

According to a boston.com report, an investigation in 2011 by the Massachusetts Department of Public Health revealed a number of "inconsistencies" in the chemist's work. The state police conducted their own audit during the summer and discovered what is being described as a "large scope of the inconsistencies." State police spokesman David Procopio explained that the chemist failed to follow proper protocols and even deliberately mishandled evidence in some cases. Governor Deval Patrick eventually directed the state police to close the lab.

Drug lab chemists perform drug certifications for local police departments, and provide their results to prosecutors for use in criminal cases. Essentially, if someone is arrested for drug possession, a chemist will test the substance to determine if it is actually an illegal drug. He or she then certifies the amount found so that prosecutors can use it as evidence.

This revelation is critical considering how important uncompromised evidence is to the legal process. In drug possession cases, a prosecutor's ability to show (beyond a reasonable doubt) that the substance allegedly found on the defendant was in fact illegal contraband is essential to the case. Without a legitimate certification, the prosecutor would have a difficult time proving his or her case. As such, the specter of compromised evidence could lead to thousands of convictions being overturned.

The Jamaica Plain lab analyzed evidence in drug cases from across the state, including cases from Suffolk, Bristol, Norfolk, Middlesex and Essex counties. It is reported that district attorneys throughout the state will be reviewing cases to see if the chemist was involved. They released a joint statement indicating that they "will take appropriate action as necessary to ensure that justice is done." Public defenders and defense attorneys across the state believe that their clients could have been convicted (and are currently serving jail time) due to tainted evidence.

The accused chemist allegedly resigned in March 2012. Authorities do not believe (at this time) that she changed the results of drug tests to help prosecutors win convictions. As such, she has not been charged with a crime. In the meantime, ten other chemists who worked in the lab have also been placed on administrative leave as the state police's investigation continues.

If you believe that your drug case was hampered by tainted evidence, an experienced criminal defense attorney can advise you.

Article provided by LoConto, Burke & Madaio, P.C.
Visit us at www.lbmlawoffice.com/CM/Custom/TOCCriminalDefenseLaw.asp