One of the most important developments in Massachusetts drug prosecution in recent years involves the requirement that chemical testing of alleged controlled substances be performed by certified laboratory analysts, and that those analysts be made available for cross-examination at trial.
This requirement became critically important in the context of two massive scandals that shook the Massachusetts drug prosecution system:
Annie Dookhan was a chemist at the William A. Hinton State Laboratory Institute who was found to have falsified drug test results in thousands of cases over many years. The Dookhan scandal, which came to light in 2012, resulted in the dismissal of thousands of drug convictions across the Commonwealth — one of the largest mass dismissals of criminal cases in American history.
Sonja Farak was a second chemist whose misconduct at a different lab emerged subsequently, requiring another round of mass dismissals.
These events have made Massachusetts courts and prosecutors acutely aware of the chain of custody and certification requirements for chemical evidence. Defense attorneys must scrutinize these requirements carefully in every drug case. The government’s evidence is only as reliable as the process by which it was obtained and analyzed — and when that process is compromised, the remedy can be dismissal.
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
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