Massachusetts crime lab scandal

In recent weeks a scandal has emerged out of one of the Massachusetts State crime labs – the Hinton Lab in Jamaica Plain. One of the chemists in the lab, Annie Dookhan, is believed to have been interfering with controlled substance evidence since 2003. She is accused of tampering with evidence bags, weights, the calibration of machines, and stating that substances were narcotics when they were not.  What we know to date is that her actions have affected over 60,000 evidence samples and implicate at least 34,000 cases. The state is in the process of determining how to address this massive problem.

Immigration attorneys and organizations in Massachusetts are concerned about the impact such tainted convictions may have on non-citizens. We want to ensure that nobody is deported based on tainted controlled substance convictions and try to address the problem of those already deported based on such convictions.

We are asking for your assistance to identify non-citizens who are currently deportable, ineligible for admission, or have already been deported due to Massachusetts drug convictions. If you are aware of such a case, please send as much of the following information as possible to iiu@publiccounsel.net:

1. person’s name
2. date of birth
3. person’s A #
4. Docket number, Massachusetts criminal record, NTA and criminal defense attorney’s name.

As the subject of your email please write “DPH DRUG LAB CASE”

We will try to determine whether the individual’s case is one of the affected cases and if so, will assist in obtaining criminal counsel to move to vacate the conviction.

Finally, if you have clients with pending removal cases based on a Massachusetts controlled substance conviction you should request a stay of the proceedings until it can be determined whether or not it was a Hinton lab case.

Jennifer Klein

Staff Attorney, Immigration Impact Unit

Committee for Public Counsel Services

21 McGrath Highway

Somerville, MA 02143

TEL: 617-623-0591

FAX: 617-623-0936

jklein@publiccounsel.net