Mass. Lab Scandal Leads to Fears of the Guilty Being Freed, Not So Much About the Innocent Being Jailed

Annie Dookhan (on the right)Annie Dookhan, a former state lab technician in
Massachusetts, is facing
27 different criminal charges
in connection to a scandal
rocking the state’s justice system. Her behavior has tainted
potentially thousands of drug cases. The charges, announced today,
range from tampering with evidence to perjury (she apparently lied
about having a master’s degree) to obstruction of justice.

I want to start with a paragraph toward the end of today’s

Boston Globe report
in order to highlight what I think
is a bit of a disturbing trend in the way the effects of the
scandal are being talked about. Here’s the explanation of the kinds
of misbehavior attributed to Dookhan:

According to [Massachusetts Attorney General Martha] Coakley’s
statement, Dookhan allegedly “dry labbed’’ seized drugs, falsely
certifying that she performed the required testing of seized
suspected contraband when, in fact, she had not tested, but had
merely made a visual examination.

Dookhan also allegedly tainted samples by mixing substances she
knew were illegal drugs with samples she knew did not contain
illegal substances. She also allegedly forged the initials of a
supervisor on reports in an attempt to cover up her misdeeds,
prosecutors allege.

So she mixed drugs into clean samples. You would think that from
reading what Dookhan was accused of doing, the big fear would be
the state convicting innocent people on the basis of contaminated
tests.

But here’s how that very same story begins:

Former state chemist Annie Dookhan, who triggered a crisis in
the state’s criminal justice system that has set convicted
drug dealers free
and may cost tens of millions of dollars
to fix, is facing a 27-count indictment, Attorney General Martha
Coakley’s office said today. [Emphasis added.]

The emphasis is on setting drug dealers free. Here’s
CBS reporting
:

No one can explain why she did it, but 160 convicted criminals
have already been freed, and local police are worried about a crime
wave if hundreds more have to be released.

Coakley, said, “All of our local police chiefs can and should be
worried about that, but we’re determined to get it right in
Massachusetts. We have to make sure the public has a sense the
system works.”

The argument presented further in the story is that many of
these convicts had criminal records already, so they’re bad people.
This apparently matters more than whether they were in fact guilty
of the crimes for which they were convicted. And the Boston Police
are apparently preparing for some sort of possible “crime wave”
that might happen if about 600 convicted prisoners are released.
The City of Boston’s population is 625,000, but that number swells
to millions if you include the Greater Boston
region.

Hilariously, in one of the CBS videos, they point out that eight
of the 158 prisoners released by the scandal thus far have been
rearrested on new charges. Eight of them. That’s five
percent.