Initially, she had represented herself in answer to the complaints lodged against her, but later, she turned to Susan Sachs, who represented her since, not just on the Penate lawsuit, but also on any other case that emerged as the result of her actions in Amherst. After contemplating another suicide, she settled on drugs, and the fact that she had such easy access to it at her workplace made it easier for her to get lost in that world. Please note that if your case has been identified for dismissal, it could take approximately 2-3 months for the relevant court records to be updated. She was sentenced in 2014 to 18 months in prison and 5 years of probation. Thus, only defendants whose evidence she tested in the six-month window before her arrest could challenge their cases. Introduction. What Did Sonja Farak Do, Exactly? His email was one of more than 800 released with the Velis-Merrigan report. Farak signed a certification of drug samples in Penate's case on Dec. 22, 2011. motion with Hampden Superior Court Judge Jeffrey Kinder to see the evidence for himself. The defense bar had raised concerns that prosecutors might be "perceived as having a stake" in such an investigation. She also starting dipping into police-submitted samples, a "whole other level of morality," as Farak called it during a fall 2015 special grand jury session. Thanks largely to the prosecutors' deception, the Massachusetts Supreme Judicial Court in October 2018 was forced to dismiss thousands of cases Farak may never have even touched, including every single conviction based on evidence processed at the Amherst lab from 2009 to the day of Farak's arrest in 2013. 1. To multiple courts' amazement, her incessant drug use never caught the attention of her co-workers. The Farak scandal came as the state grappled with another drug lab crisis. "We shouldn't be in the position of having to be saying, 'Don't close your eyes to the duration and scope of misconduct that may affect a whole lot of cases,'" the exasperated Massachusetts chief justice told prosecutors during oral arguments. Due to the conviction, prosecutors were forced to dismiss more than . But she worried they might be privileged as health information. Poetically, that landmark case originated from the Hinton lab, although Dookhan didn't conduct the analysis in question. Lost in the high drama of determining which individual prosecutors hid evidence was a more basic question: In scandals like these, why are decisions about evidence left to prosecutors at all? Before her sentencing, Farak failed a drug test while out on bail, according to Mass Live. This threw every sample she had ever tested into question. The twin Massachusetts drug lab scandals are unprecedented in the sheer number of cases thrown out because of forensic misconduct. TherapyNotes is a complete practice management system with everything you need to manage patient records, schedule appointments, meet with patients remotely, create rich documentation, and bill insurance, right at your fingertips. Its no big deal, 14-year-old Farak said to the Panama City News Herald. Massachusetts prosecutors withheld evidence of corrupt state narcotics testing for months from a defendant facing drug charges, and didnt release it until after his conviction, according to newly surfaced documents and emails. The staff in the new lab was also doubled, and the number of trainees was also increased. another filing. A hearing on their motions is scheduled next month. Each employee had a unique swipe card, but Farak simply used a physical key to get in after hours and on weekends. This is the story of Farak's drug-induced wrongdoings, and it's the. concluded she was usually high while working in the lab for more than eight years before her arrest in January 2013 and started stealing samples seven years ago. "Please don't let this get more complicated than we thought," Kaczmarek replied when Ballou, the lead investigator, flagged irregularities in Farak's analysis in a case featuring pain pills. She consumed meth, crack cocaine, amphetamines, and LSD at the bench where she tested samples, in a lab bathroom, and even at courthouses where she was testifying. But she proceeded on the hunch that Farak only became addicted in the months before her arrest, and her colleagues stonewalled people who were skeptical of that timeline. | She received the American Institute of Chemists Award in her final year as well as a Crimson and Gray Award from the school a year before, which recognized her dedication, commitment and unselfishness in the enrichment of student life at WPI. A Rolling Stone piece on Farak also indicated that she graduated with high distinction from the Worcester Polytechnic Institute. State police took these worksheets from Farak's car in January 2013, the same day they arrested her for tampering with evidence and for cocaine possession. A few months before her arrest, Farak's counselor recommended in-patient rehab. Investigators gave that information to Kaczmarek and the state AG's office,according tohearings before thestate board that disciplines attorneys. Farak's reports were central to thousands of cases, and the fact that she ran analyses while high and regularly dipped into "urge-ful" samples casts doubt on thousands of convictions. Nassif put Dookhan on desk duty but allowed her to finish testing cases already on her plate, including some of the samples she had taken from the locker. According to her teammates, She was the best center in the league last year, and they [felt] stronger with her in there than with some guys.. We couldn't do it without you. When a Therapy Session starts, the software automatically creates a To-Do list item reminding users to create the relevant documentation. Foster and another assistant attorney general assented to that motion. If they'd kept digging, defendants might still have learned the crucial facts. Instead, Kaczmarek provided copies to Farak's own attorney and asked that all evidence from Farak's car, including the worksheets, be kept away from prying defense attorneys representing the thousands of people convicted of drug crimes based on Farak's work. Farak saw Kogan in 2009 and 2010, and her therapist wrote: She obtains the drugs from her job at the state drug lab, by taking portions of samples that have come in to be tested., Kogan also wrote that Farak told her she had taken methamphetamines at another lab in an old job, but she didnt get much from it. Kogan wrote that after moving to western [Massachusetts] for her job at the state drug lab, [Farak] tried it again and really liked it. The state's top court took an even harsher view, ruling in October 2018 that the attorney general's office as an institution was responsible for the prosecutorial misconduct of its former employees. It's not as bad as Dookhan, they asserted and implied over and over. In her June 17 ruling, U.S. Magistrate Judge Katherine Robertson dismissed former Assistant Attorney General Anne Kaczmarek's claims of qualified immunity a doctrine that gives legal immunity to some public officials accused of misconduct. Faraks wife had her own mental health problems, and according to Rolling Stone, Farak would have conflict with her wife every night at home. Faraks notes also The fact that she ran analyses while high and regularly dipped into samples casts doubt on thousands of convictions. As Solotaroff recounts in detail, Massachusetts attorney Luke Ryan represented two people who were accused of drug charges that Farak had analyzed . Kaczmarek argued the findings are subject to appeal. Without even interviewing Foster, they determined there was "no evidence" of obstruction of justice by her, by Kaczmarek, or by any state prosecutor. It ultimately took a blatant violation to expose Dookhan, and even then her bosses twisted themselves in knots to hold on to their "super woman.". On paper, these numbers made Dookhan the most productive chemist at Hinton; the next most productive averaged around 300 samples per month. At some point, the attorney general's office stopped chasing leads entirely. But whether anyone investigated her conduct during a brief stint working at the state's Boston drug lab is at . Instead, Kaczmarek proceeded as if the substance abuse was a recent development. Given the account that Farak was a law-abiding citizen, it is questioned as to how an On the surface, their crimes dont seem as injurious and they dont seem to enjoy inflicting pain on others. The information showed that Farak sought therapy for drug addiction and that her misconduct had been ongoing for years. Her job consisted of testing drugs that have. Instead, Coakley's office served as gatekeeper to evidence that could have untangled the scandal and freed thousands of people from prison and jail years earlier, or at least wiped their improper convictions off the books. Perhaps, as criminal justice scandals inevitably emerge, we need to get more independent eyes on the evidence from the start. READ NEXT: Netflixs How to Fix a Drug Scandal Story: 5 Fast Facts, Sonja Farak: 5 Fast Facts You Need to Know, Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. concluded there was no evidence of prosecutorial misconduct or obstruction of justice in matters related to the Farak case. In the aftermath, the court felt it necessary to make clear that "no prosecutorhas the authority to decline to disclose exculpatory information.". Despite clear indications that Farak used a variety of narcoticsher worksheets mentioned phentermine, and that vial of powdered oxycodone-acetaminophen had been found at her benchKaczmarek also proceeded as if crack cocaine were Farak's sole drug. Farak signed Foster's first stepper ethical obligations and office protocolshould have been to look through the evidence to see what had already been handed over. Approximately one year later, she pled guilty to tampering with evidence, unlawful possession, and stealing narcotics. The judge ordered prosecutors and defense attorneys to coordinate on identifying undisclosed emails related to documents seized from the disgraced state crime lab chemist. Kaczmarek has repeatedly testified she did not act intentionally and that she thought the worksheets had been turned over to the district attorneys who prosecuted the cases involved. The former judges and the state police officers who helped them conducted a thorough review, said Emalie Gainey, spokeswoman for Attorney General Maura Healey. They wrote that Lee, disabled by a stew of mental ailments, [spent] her hours surfing the Web in a haze.. Penate's suit said Kaczmarek withheld evidence that Farak used drugs at the lab for longer than the Massachusetts attorney general's office first claimed, and that he would not have been imprisoned based on tainted evidence. Sonja Farak, a state forensic chemist in western Massachusetts, was minutes away from testifying in a drug case in early 2013 when attorneys learned she was about to be arrested on charges of. Its unclear if Farak is still with Lee, as they have both remained out of the public eye since the case. When she got married, it turned out that her wife, too, suffered from her own demons, and their collective anguish made Sonja desperate for a reprieve from this life. Her answer: more than eight years before her arrest. Grand Jury Transcript - Sonja Farak - September 16, 2015 Contributed by Shawn Musgrave (Musgrave Investigations) p. 1. In a separate opinion in October 2018, the Supreme Judicial Court also ordered the state to return most court fines and probation fees to people whose cases were dismissed; one estimate puts that price tag at $10 million. And yet, despite explicit requests for this kind of evidence, state prosecutors withheld Farak's handwritten notes about her drug use, theft, and evidence tampering from defense attorneys and a judge for more than a year. The responsibility of the mess that she created should also rest upon the shoulders of her workplace that allowed her the opportunity to indulge so freely in drugs in the first place. The state and attorneys for some of the defendants agreed to a $14 million settlement to reimburse 31,000 defendants for post conviction-related costs, such as probation and parole fees, drug analysis and GPS monitoring. The court decided to uphold a ruling dismissing charges against the defendant, a juvenile at the time of the alleged offense identified only as Washington W. The justices didnt name his prosecutor, David Omiunu, who was identified by The Eye from other court records. The lax security and regulations of the place and the negligent supervision of the employees and the stock of standards are the reasons why Farak was encouraged to do what she did. As a teenager, she had attempted suicide. One reason that didn't happen, he says: "the determination Coakley and her team made the morning after Farak's arrest that her misconduct did not affect the due process rights of any Farak defendants." The Attorney Generals Office, Velis and Merrigan and the state police declined to answer questions about the handling of the Farak evidence. Farak had started taking drugs on the job within months of joining the Amherst lab in 2004. Since the takeover, the budget for all forensic labs across the state has been increased, by around twenty-five per cent. Diversity, Equity, Inclusion and Accessibility at GBH, Transparency in Coverage Cost-Sharing Disclosures. Months after Farak pleaded guilty in January 2014, Ryan filed a In worksheet notes dated Thursday, Dec. 22, Farak The court also dismissed all meth cases processed at the lab since Farak started in 2004. Sonja Farak, a chemist with a longterm mental health struggle, is the catalyst of the story, but it doesn't end with her. In the series, it's explained that Farak loved the energy the meth gave her. She had unrestricted access to the evidence room. Robertson rejected Kaczmarek's claims she should not be held responsible for the turning over of exculpatory evidence because she was not part of the "prosecution team" in Penate's case. Sonja Farak is in the grip of a rubbed-raw depression that hasn't responded to medication. Between the two women, 47,000 drug convictions and guilty pleas have been dismissed in the last two years, many for misdemeanor possession. In a rare move, the judicial office that brings disciplinary cases against lawyers in Massachusetts has accused a prosecutor of professional misconduct, including allegations that she failed to share critical information with defense lawyers and attempted to interfere with defense witnesses. This not only led to people getting a reprieve from prison but also filing their own lawsuits against the injustice they had to suffer. Between Farak and Dookhanwho's also featured in How to Fix a Drug Scandal38,000 wrongfully convicted cases have been dismissed, according to the Washington Post. Our streamlined software is accessible wherever and whenever you . (Conveniently, they also found a Patriots schedule from 2011 in the car.). Shawn Musgrave If there's ever any uncertainty over "whether exculpatory information should be disclosed," the Supreme Judicial Court later wrote, "the prosecutor must file a motion for a protective order and must present the information for a judge to review.". This is the story of Farak's drug-induced wrongdoings, and it's the story of the Massachusetts Attorney General's office apparently turning a blind eye on those wrongfully convicted because of Farak's mistakes. motion on behalf of another client to see the evidence. "Dookhan's consistently high testing volumes should have been a clear indication that a more thorough analysis and review of her work was needed," an internal review found. Penate's lawsuit, which seeks $5.7 million in damages, is believed to be one of the last remaining suits tied to the scandals; the statute of limitations to file such suits has expired. For people with disabilities needing assistance with the Public Files, contact Glenn Heath at 617-300-3268. This might not have mattered as much if the investigators had followed the evidence that Farak had been using drugs for at least a year and almost certainly longer.