On Tuesday, March 26th, lawyers for 11 men who are serving sentences for drug crimes asked a judge to temporarily free their clients because state chemist Sonja Farak has been charged with tampering with evidence used in their drug cases.
Hampden Superior Court Judge Richard J. Carey heard prosecutors’ arguments, and will make a decision on Friday, March 29th.
In January, Sonja Farak pleaded not guilty to charges of tampering with evidence in drug crimes cases. She was accused not only of tampering with evidence, but stealing heroin and cocaine from the state crime lab in Amherst. She was released on $5,000 bail, but her arrest led to the temporary closing of the crime lab.
She will go to trial on two counts of evidence tampering and one count each for heroin and cocaine possession.
Governor Deval L. Patrick said that no one’s due process was compromised because of Farak – unlike the case of Annie Dookhan, the Boston crime lab chemist who was arrested for similar crimes and whose case has compromised thousands of drug crimes cases.
Patrick said that the Amherst lab dealt promptly with Farak, so he would not question the oversight at the lab.
However, since January, several lawyers have come forward stating that their clients’ drug crimes cases were affected by Farak’s potentially tampered evidence.
The criminal complaint against Farak, referring to testing on two dates in January – states: “It appears the defendant removed some controlled substance from the cases and replaced it with counterfeit substance.” Investigators in Farak’s case said that her work station was a disaster area, with drugs mixed together or dumped carelessly on the table.
The defense attorneys asked Judge Carey to temporarily release their clients while they wait for information in Farak’s case. Most of the cases in court on Tuesday had defendants pleading guilty to drug crimes charges. Some of the cases dated back to 2009.
First Assistant District Attorneys Jennifer Fitzgerald and Frank Flannery argued that Farak’s crimes affect recent drug crimes charges, and defendants in older cases should not be allowed out on bail.
Fitzgerald said that defendants who pleaded guilty admitted under oath they sold or possessed drugs for sale. However, defense lawyers for the 11 men said it was an important consideration to know prosecutors have a valid drug certificate from the state laboratory.
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Federal and State drug crimes charges in South Carolina carry some of the stiffest penalties in the nation. When faced with a drug crimes charge, you need a lawyer who knows how the system works and will fight to protect your rights.
Whether you have been charged with:
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The Strom Law Firm Can Help Defend Against Drum Crimes Charges in South Carolina
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