Gov. Deval Patrick ordered the lab closing after additional evidence came to light as part of an ongoing investigation looking at “improprieties” at the lab that conducts tests in drug cases.
By MATT MURPHY
BOSTON - The scope of the investigation into the improper handling of drug samples by a state crime lab chemist spans 34,000 cases over the past nine and a half years, according to the Patrick administration, heightening fears that the breach of justice could be widespread and difficult to unravel.
Public safety officials on Wednesday said they had distributed a list of samples compiled from the former Department of Public Health drug lab database to the state’s district attorneys, United States Attorney Carmen Ortiz and the Committee for Public Counsel Services for review.
The list represents an estimated 34,000 cases worked on by the chemist in question between 2003 and 2012 spanning her entire period of employment at the DPH, according to the Massachusetts State Police and the Executive Office of Public Safety. The administration said there was no estimate on how many of those cases may have been mishandled by the chemist, which could not only jeopardize convictions, but threaten confidence in the criminal justice system.
Gov. Deval Patrick ordered state police to shut the Jamaica Plain crime lab down last Thursday as police and the Attorney General’s office investigated what was described as possible “malfeasance” of a chemist at the lab that included improper handling of drug evidence and failure to follow protocols.
Patrick ordered the lab closing after additional evidence came to light as part of an ongoing investigation looking at “improprieties” at the lab that conducts tests in drug cases.
Since then, the Patrick administration said it has been working with state prosecutors, public defenders and the U.S. Attorney’s office determine how best to identify cases that may have impacted by the chemist’s work.
The Executive Office of Public Safety has also contacted the Massachusetts Trial Courts, the Probation Department and the Department of Correction and Parole to cross reference the crime lab database list with notices of appearances in drug cases over that time frame “to ensure that defense counsel is properly notified.”
“Today’s actions, coupled with the administration’s swift decision last week to close the lab, launch an internal review at DPH and place two supervisors on leave pending the outcome of the internal review, are among a series of steps that have been taken to restore confidence in the integrity of the work conducted at the former DPH Lab,” said State Police spokesman David Procopio, in a prepared statement.
“We will continue to enlist the help of all stakeholders as we work to get to the bottom of what went wrong, hold those responsible accountable and prevent a breach like this from happening in the future,” Procopio said.
The Department of Public Health, which oversaw the drug crime lab up until July, began investigating in June 2011, police said. As part of the fiscal year 2013 budget, the Legislature transferred the DPH-run labs over to State Police control.
Defense attorneys and state prosecutors this weeks aid they were concerned that the system did not catch such a significant breach sooner, and that potentially thousands of convictions could be compromised.
“Clearly the greatest concern is that someone was convicted of a crime based on evidence that wouldn’t support conviction,” said Jake Wark, a spokesman for Suffolk County District Attorney Daniel Conley. “Our deep concern is that defendants were convicted unfairly.”
In February 2012, a spokesman for Norfolk County District Attorney Michael Morrissey said their office was notified by DPH that the agency was investigating the Norfolk District Attorney’s office was notified by the Department of Public Health that it was investigating questions about the chain of custody of evidence for a single day in June 2011 involving 90 samples in 60 cases. The Norfolk DA immediately shared the information with defense attorneys, spokesman David Traub said.