Author Archives: dsimonini

Farak Press Conference

The Committee for Public Counsel Services and the American Civil Liberties Union of Massachusetts held a press conference on Thursday, November 30, 2017, in anticipation of the District Attorneys dismissing thousands of cases linked to Amherst State Chemist Sonia Farak’s criminal misconduct.


CPCS Deputy Chief Counsel Randy Gioia and CPCS Atty. Rebecca Jacobstein were among those who addressed the media.

Deputy Chief Counsel Gioia opened his statement by acknowledging how the war on drugs turned into a war on poor people and people of color.  He said, “This case is a reflection of how a misguided war on drugs turned into a war on poor people and people of color.  If you’re wealthy and white and you have a drug problem, you quietly go to drug rehab.  If you’re a poor person, you can’t quietly go to drug rehab; more likely you get arrested and maybe you get put on probation or maybe you go to jail.  And it turns out, for thousands of people the system that sent them to jail or put them on probation was rotten to the core.”

Atty. Jacobstein, who has clients who suffered because of Farak’s criminal misconduct and because of the subsequent misconduct of two assistant attorneys general, expressed outrage at the resulting injustice.  She stated, “When the news of the Amherst Lab scandal broke, there were people in prison based on tainted Farak drug certificates.  Some of them filed motions to stay their sentences and got out; they went home, returned to their families, while the justice system attempted to sort out what had happened.  And then, because the Attorney General’s Office hid exculpatory evidence and lied to the court, the justice system got it wrong….One of my clients had to go back and serve 15 more months in prison, 15 months he would not otherwise have had to serve, because attorneys at the Attorney General’s Office just didn’t care about how their dishonesty would affect him, or anyone else for that matter.  My client doesn’t get that time back.  Nor do any of the other defendants who lost months or years of their lives while the truth was being concealed.  This is an outrage.”

Deputy Chief Counsel Gioia’s and Atty. Jacobstein’s full statements can be read by clicking here.

Others who participated in the November 30th press conference were ACLUM Executive Director Carol Rose, ACLUM Legal Director Matthew Segal, ACLUM Staff Attorney Carl Williams, and Nicole Westcott, one of the thousands of individuals who were impacted by Farak’s tainted evidence.

To read the various press articles on this matter click:  Farak – Press Coverage Articles.

CPCS Alerts Media of Petition Seeking Relief from Convictions Tainted by Amherst Lab Chemist and the Misconduct of Two Assistant Attorneys General

Upon filing a petition at the SJC that seeks relief for the thousands whose cases were tainted by Amherst Drug Lab Chemist Sonia Farak and further exacerbated by the misconduct of two assistant attorneys general, CPCS sent out the following press release:

CPCS Files Petition Seeking Relief from Convictions Tainted by Amherst Lab Chemist and the Misconduct of Two Assistant Attorneys General

 (Boston) – Today the Committee for Public Counsel Services (CPCS) filed a petition in the Massachusetts Supreme Judicial Court on behalf of thousands of potential clients, requesting that the Court dismiss with prejudice every case tainted by the misconduct uncovered recently at the Amherst Drug Laboratory by chemist, Sonia Farak.  This action comes after the dismissal of thousands of other convictions tainted by another state laboratory employee, Annie Dookhan. Continue reading

Congratulations to the Essex County Bar Association Advocates – Updated

 


David Hallinan receiving the American Bar Association’s Harrison Tweed Award

The following article on the Essex County Bar Advocate Program being named this year’s recipient of the American Bar Association’s Harrison Tweed Award appeared in The Salem News on June 28, 2017:   http://www.salemnews.com/news/local_news/local-legal-assistance-program-receives-national-award/article_825265e8-c83e-5c41-9873-f47c655446ed.html

Continue reading

Lisa Kavanaugh’s Victory for Frederick Clay

INCREDIBLE!

CONGRATULATIONS to our colleague, Atty. Lisa Kavanaugh, Director of the CPCS Innocence Program, and her co-counsel, Atty. Jeff Harris of the Boston law firm Good, Cormier, Schneider and Fried, on their victory in convincing the Commonwealth to vacate the conviction of Frederick Clay, convicted of first degree murder in 1981.

Clay was convicted on the evidence of two eye witnesses who confirmed his identity only after being hypnotized by police investigators and shown the same array of photos several times.  New identification science reveals that this type of identification is profoundly flawed.  In addition, other witness statements that should have led police to investigate other suspects who more accurately fitted descriptions of the perpetrators were never followed up by them or by Clay’s trial attorney.

Below are links to some of the media reports that followed this incredible outcome, as well as to the press release issued by CPCS:

Chief Counsel Anthony Benedetti receives NACDL 2017 Champion of State Criminal Justice Reform Award

Congratulations to Chief Counsel Anthony Benedetti on receipt of the National Association of Criminal Defense Lawyers (NACDL) Champion of State Criminal Justice Reform Award, which “recognizes an individual or group whose tremendous efforts have led toward progressive reform of a state criminal justice system.” Continue reading