evidence tampering, Massachusetts drug convictions

Massachusetts drug convictions possibly tainted by evidence tampering by a chemist who worked at the lab performing the tests may be retried, and defense attorneys are arguing that anyone who requests a new trial as a result of the evidence tampering should not face a harsher sentence after the new trial than what they received after their first trial. The American Civil Liberties Union also thinks that this is only fair. According to the ACLU more than 40,000 drug convictions are affected by the laboratory scandal that erupted when chemist Annie Dookhan was outed for sloppy methods and sometimes even outright evidence tampering. The individuals who have been convicted of drug charges based on Dookhan’s testing are called Dookhan defendants and they have a right to ask for a new trial because of the misconduct that the chemist committed in the lab.

According to a legal brief filed by prosecutors in the Massachussetts drug convictions and evidence tampering in the lab “Revival of the original charges requires no action by the prosecutor and thus cannot carry a vindictive intent. Rather, the original charge will be revived by operation of law, as they have been in this Commonwealth for over one-hundred years.” There is some concern among defense attorneys that any individual who made a plea deal and had a drug conviction based on evidence tainted by Dookhan would face all of the original charges, even those dropped as part of a plea deal. Some also argue that if a retrial is requested the prosecutors may try for a harsher sentence as a vindictive measure.