Sanctions recommended for three prosecutors in drug lab scandal – Boston University News Service – Boston, Massachusetts

Boston, Massachusetts 2021-10-12 08:30:02 –

Maggie Malbihill, Jessica Juan, Matthew Musel
BU news service

In the midst of “grand” harm caused to the public by prosecutors, the state’s criminal justice system, and rare sanctions against numerous Massachusetts drug defendants, the prosecutor’s office hearing was made by three former assistant attorney generals. Two-year ban on legal affairs against public reprimands due to illegal activity at the 2014 prosecution Shameful chemist Sonya Farak..

Special Hearing Officer Alan D. Rose recommended that Anne K. Kazumalek, the chief prosecutor of the Farak case, be suspended for two years. Kaczmarek deliberately withheld evidence of immunity from drug defendants who challenged the conviction, based on tests conducted by Farak at Amherst’s State Laboratory. In 2014, Farak pleaded guilty to falsifying and stealing drug evidence at a laboratory.

Rose, who was reserved on the board to assess alleged misconduct, recommended that former deputy prosecutor Chris C. Foster also be suspended for a year and a day. Rose found that Foster made false statements to the judge in light of the drug conviction challenge posed by the defendant convicted of evidence tested by Farak.

Rose found that Foster showed “a widespread lack of candidness and integrity” and “a lack of remorse” for her actions at last year’s disciplinary hearing.

Rose urged former Deputy Prosecutor John C. Berner to publicly rebuke him for failing to properly supervise Kazumalek.

The proposed penalties are the latest impact on the ever-evolving drug lab blunder, first opened to the public almost 10 years ago by the arrest of a chemist. Annie Ducan..

Dookhan pleaded guilty to tampering with a drug sample at William A. Hinton State Laboratory in Jamaica Plain in 2013.

The state’s Supreme Court has dismissed approximately 35,000 drug convictions for the illegal activities of Doukhan of Hinton and Farak of Amherst, the largest criminal institute scandal in US history.

Dookhan and Farak served behind the bar within a total of five years.

Rose discovered that Kazumalek had deliberately withheld the mental health worksheet found in Farak’s car after his 2013 arrest. This shows that she is suffering from a serious drug addiction. As the Attorney General’s office claimed, information revealed that Farak’s habits could have affected her work much longer than the six months before her arrest.

In fact, Farak admitted in a grand jury testimony in 2015 that drug use at the Amherst Institute began when he arrived in 2004 and was using the drug “almost every day, all day.”

Defendants Rolando Penate and Lizardo Vega, who sought proof of immunity, remained imprisoned because the worksheet was withheld. These proceedings were later dismissed.

“Kazumalek did not show remorse, did not admit cheating, and did not appreciate her role in what happened,” Rose wrote. He said Kazumalek “has done a great deal of harm to third-party defendants, the judicial system, and the general public.”

Rose’s recommendation to Kazumalek goes far short of the ban urged in August by the office of the state bar association that brought ethical accusations to prosecutors.

In a 25-page ruling, Rose admitted that Massachusetts prosecutors’ disciplinary action was rare and that there was no precedent for three lawyers to commit illegal acts in an unparalleled drug laboratory crisis.

Rose’s recommendations must be approved by the Bar Oversight Board and the State Supreme Court.

Bruce A. Green, a former federal prosecutor who currently directs the Lewis Tyne Law and Ethics Center at Fordham University School of Law, said there was no guarantee that Kazumalek would be readmitted to the bar if he asked for reinstatement.

Kazumalek had no prior allegations of fraud during his long career as a prosecutor, but she nevertheless admitted her mistakes and revived the Supreme Court to prevent it from repeating. I had to persuade him.

“It will be a difficult fight,” Green said.

Thomas R, a lawyer for Kaczmarek. Kiley did not respond to a request for comment yesterday.

Kaczmarek is no longer working as a lawyer. Foster is a legal counsel to the State Alcoholic Beverages Management Board. Werner is a public prosecutor at the Suffolk County District Attorney’s Office.

During a hearing on October 2, 2013, Rose discovered that Foster misleaded Judge C. Jeffrey Kinder and falsely claimed that all disclaimer evidence had been handed over to the defendant.

Rose also held some responsibility on Foster’s boss at the Attorney General’s office, who was not charged with illegal activity.

Foster lacked legal experience in dealing with the matter before Kinder and relied on Kazumalek’s allegation that the material was disclosed. Kinder denied the defendant’s request for relief, partly due to Foster’s guarantee.

Rose also discovered that Foster was evasive at last year’s disciplinary hearing and long in 2016 to consider the conviction challenge posed by the defendant Farak tested evidence at Amherst. He made a “falsely misleading” statement to Judge Richard J. Carrie of the High Court, who held the hearing.

“Foster has shown widespread dishonesty among the three referees. This is very disturbing,” Rose wrote. Foster’s actions “undermine public confidence in the fairness of Massachusetts’ criminal justice system,” he wrote.

Foster lawyer Allen N. David said: We expected and expected less. ”

Allen said he would sue Rose’s recommended sanctions against Foster.

He said Rose’s recommended suspension for Foster appears to be based on “intentional illegal activity” that has never been charged with her crimes.

Rose’s decision included “injustice before Kinder” on October 2, 2013, a hearing in front of Judge Carrie and “perjury under the oath.”

According to Allen, it is unprecedented in Massachusetts to suspend a lawyer for a year because he did not prosecute him for committing a crime.

Rose also acknowledged Burner’s honesty in 2014, ensuring that mental health worksheets and other evidence were handed over to defendants immediately after learning that Burner had been withheld.

“… Werner showed frankness, remorse, and awareness and responsibility for his mistakes,” Rose wrote.

Verner’s lawyers Patrick Hanley and Thomas J. Butters said of Rose’s decision:

“John’s candid, remorse, insight, and responsibility findings symbolize who he is as a person and a lawyer, consistent with what Judge Carrie found four years ago. Servant. “

Mulvihill is an associate professor of computational journalism practice at Boston University and Huang and Muesel are journalism students at Boston University.

Sanctions recommended for three prosecutors in drug lab scandal – Boston University News Service Source link Sanctions recommended for three prosecutors in drug lab scandal – Boston University News Service

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