Farak is amongst one of the 18 defendants battling the lawsuit filed by Rolando Penate. Farak worked for the Amherst Drug Lab in Massachusetts for 9 years when she was convicted of stealing and using them. The twin Massachusetts drug lab scandals are unprecedented in the sheer number of cases thrown out because of forensic misconduct. Defense attorneys had. A status hearing on Penate's suit, which was filed in 2017, is scheduled for July. It's been like this forever, or at least since girlhood. As he leafed through three boxes of evidence, he found the substance abuse worksheets and diaries. Her answer: more than eight years before her arrest. 2. And then the bigger investigation was going to be someone else.". Like Hinton, the Amherst lab had no cameras. Farak. The hotline is open Monday through Friday, from 9:30 a.m. to 5 p.m. Martha Coakley, then attorney general for the state, argued in Melendez-Diaz that a chemist's certificate contains only "neutral, objective facts." Thank you! According to the documents released Tuesday, investigators found that Sonja Farak tested drug samples and testified in court while under the influence of methamphetamines, ketamine, cocaine, LSD . And yet, due to their actions, they did injure people and they did inflict a lot of pain, not just on a couple of people, but on thousands. Because she did so, Plaintiff served more than five years in a state prison.". The Attorney Generals Office, Velis and Merrigan and the state police declined to answer questions about the handling of the Farak evidence. 1. Her access to evidence was not restricted, and she continued testifying in court. 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.". The Dookhan prosecution was barely underway, a grand jury having returned indictments a few weeks earlier. It was an astoundingly light touch for the second state chemist arrested in six months. But unlike with Dookhan, there were no independent investigations of Farak or the Amherst lab. "That was one of the lines I had thought I would never cross: I wouldn't tamper with evidence, I wouldn't smoke crack, and then I wouldn't touch other people's work," Farak said. On paper, these numbers made Dookhan the most productive chemist at Hinton; the next most productive averaged around 300 samples per month. That motion was denied, and the notice letters will explain Farak's tampering without any mention of prosecutorial misconduct. As a teenager, she had attempted suicide. Farak apparently still tested each caseunlike Annie Dookhan, another Massachusetts chemist who was arrested five months prior to Farak for fabricating test results. ", Officials rushed to downplay the situation in Amherst. 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. Four months after Ryan found the worksheets, Judge Kinder
At the very least, we expected that we would get everything they collected in their case against Farak. Flannery, now in private practice, said the substance abuse worksheets are clearly relevant to defendants challenging Faraks analysis. On top of that, it was also ensured that no analyst would ever work without supervision. Several defense attorneys who called for the Velis-Merrigan investigation say the former judges and their state police investigators got it wrong. More than 24,000 convictions in 16,449 cases tainted by former state chemist Sonja Farak have been dismissed in a court case brought by the ACLU of Massachusetts, the Committee of Public Counsel Services (CPCS), and law firm Fick & Marx LLP. Nassif considered it a lapse in judgment, but not a disqualifying one; Nassif's boss didn't think it necessary to alert the prosecutors whose cases relied on the samples, much less the defendants. She grew up in Portsmouth with her sister Amy. Deval Patrick's office didn't learn about the protocol breach until December 2011. Due to the conviction, prosecutors were forced to dismiss more than . Accessibility | A. | Still, the state was acquiring evidence. Sonja Farak, a chemist with a longterm mental health struggle, is the catalyst of the story, but it doesn't end with her. They wrote that Lee, disabled by a stew of mental ailments, [spent] her hours surfing the Web in a haze.. Talking Politics: Should a new government agency protect the coastline from climate change? But whether anyone investigated her conduct during a brief stint working at the state's Boston drug lab is at . Shawn Musgrave food banks expect a surge, As streaming services boom, cable TV continues its decline. Its no big deal, 14-year-old Farak said to the Panama City News Herald. ", Everyone Practices Cancel Culture | Opinion, Deplatforming Free Speech is Dangerous | Opinion. Regarding the cases that she had handled, the Massachusetts courts threw out every case in the Amherst lab during her tenure. The worksheets, essentially counseling notes, showed that Farak had been using drugs often on the job for much longer than the attorney general's office had claimed. Lets find out. Our streamlined software is accessible wherever and whenever you . What Did Sonja Farak Do, Exactly? Among the papers they seized were handwritten worksheets Farak completed for drug-abuse therapy. 2023 Cinemaholic Inc. All rights reserved. If Farak found a substance was a true drug, the person it was confiscated from could be convicted of a substance-related crime. Sonja Farak stole, ingested or manufactured drugs almost every day for eight years while working as a chemist at a state lab in Amherst, Massachusetts. A hearing on their motions is scheduled next month. Only a few months after Dookhan's conviction, it was discovered that another Massachusetts crime lab worker, Sonja Farak, who was addicted to drugs, not only stole her supply from the. A Powerful EHR to Manage a Thriving Practice. "These drugswere tested fairly," Coakley claimed the day after Farak's arrest. Patrick appointed the state inspector general to look into 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. The civil lawsuit was one of the last tied to prosecutors' disputedhandling of the case against disgraced ex-chemist Sonja Farak, who was convicted in 2014 of ingesting drug samples she was supposed to test at the Amherst state drug lab. According to the Daily Hampshire Gazette, Farak graduated with awards and distinctions. A year later, in October 2014, prosecutors relented, granting access to the full evidence in Farak's case to attorney Luke Ryan. The prosecutors have been tied to the drug lab scandal involving disgraced former state chemist Sonja Farak, who admitted to stealing and using drugs from an Amherst state lab. In a March 2013
Kaczmarek got a note from Sgt. For people with disabilities needing assistance with the Public Files, contact Glenn Heath at 617-300-3268. Emma Camp Process Notes/Psychotherapy Notes Process notes are sometimes also referred to as psychotherapy notesthey're the notes you take during or after a session. That settlement awaits approval by a judge. Exhausted from the ongoing scandal in Boston, state officials were desperate for damage control. Even the master's degree on her rsum was fabricated. 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. The show also delves into the issues of the state in discovering and reporting on the extent of the cases that were affected by Faraks actions. Deborah Becker Twitter Host/ReporterDeborah Becker is a senior correspondent and host at WBUR. "All Defendant had to do to honor the Plaintiffs Brady rights was to turn over copies of documents that were obviously exculpatory as to the Farak defendants or accede to one of the repeated requests from counsel, including Plaintiffs counsel, that they be permitted to inspect the evidence seized from Faraks car," Robertson wrote in her ruling. 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. Soon after, the state police took over the control, and the lab was moved to Springfield, where it remains under the supervision of the state police. The crucial fact of her longstanding and frequent drug use also never made it into Farak's trial, much less to defendants appealing convictions predicated on her tainted analyses. memo, Kaczmarek told her supervisors that "Farak's admissions on her 'emotional worksheets' recovered from her car detail her struggle with substance abuse. Investigators either missed or declined opportunities to dig very deep. Subscribe to Reason Roundup, a wrap up of the last 24 hours of news, delivered fresh each morning. This scandal has thrown thousands of drug cases into question, on top of more than 24,000 cases tainted by a scandal involving ex-chemist Annie Dookhan at the state's Hinton Lab in Jamaica Plain. "It is critical that all parties have unquestioned faith in that process from the beginning so that they will have full confidence in the conclusions drawn at the end," Coakley said. A drug chemist . With the lab's ample drug supply, she was able to sneak the drug each day from a jug that resided in the shared workspace. From 2004 to 2013, Farak took advantage of . 3.3.2023 4:50 PM, 2022 Reason Foundation | But without access to evidence showing how long Farak had been doing this, defendants with constitutional grounds for challenging their incarceration were held for months and even years longer than necessary. Even when she failed a post-arrest drug testprompting the lead investigator to quip to Kaczmarek, "I hope she doesn't have a stash in her house! YouTube Penate argued the court should follow those findings. Foster, now general counsel at the Massachusetts Alcoholic Beverages Control Commission, and Kaczmarek, now a clerk magistrate in Suffolk Superior Court, declined to comment for this story. concluded there was no evidence of prosecutorial misconduct or obstruction of justice in matters related to the Farak case. How to Fix a Drug Scandal: With Shannon O'Neill, Karl Kenzler, Paul Solotaroff, Scott Allen. Her ar-rest led to the dismissal of thousands of drug cases in Massachusetts. Compromised drug samples often fit the definition. And both pose the obvious question about how chemists could behave so badly for years without detection. As the state's top court put it, the criminal investigation into Farak was "cursory at best.". A federal judge has rejected claims from an embattled former state prosecutor that she is protected from liability in the fallout over a Massachusetts drug lab scandal. noted the mental health worksheets found in Faraks car, which had not been released. El 6 de enero de 2014, Farak se declar culpable de los cargos en su contra. It included information about the type of drugs she tampered with. At this point, Farakunlike Dookhandidn't admit anything. I felt euphoric, Kogan wrote of Farak. It's Boston local news in one concise, fun and informative email. "he didn't request a warrant. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NEXT: Zoning Makes the Green New Deal Impossible. Prosecutors have an obligation to give the defense exculpatory evidence including anything that could weaken evidence against defendants. The last contact information provided by her, in response to Penates allegations, placed her residence in Hatfield, Massachusetts. She was released in 2015, as reported by Mass Live. Foster protested that portions of the evidentiary file in question might be privileged or not subject to disclosure. During the next four years, she would periodically sober up and then relapse. denied Penates motion to dismiss the case, saying there was no evidence that Faraks misconduct extended to his case. Farak had started taking drugs on the job within months of joining the Amherst lab in 2004. The Amherst lab had called state police when the two missing samples were noticed in 2013. The defense bar also demanded answers on how such crucial evidence stayed buried for so long. 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. Foster consulted Kaczmarek about the files contents, according to an
Follow us so you don't miss a thing! Both have since left the attorney general's office for other government positions. In 2017, a different judge ruled that Foster's actions constituted a "fraud upon the court," calling the letter "deliberately misleading." In a 61 ruling by the Supreme Judicial Court in 2017, the defense bar, led by public defenders and the Massachusetts branch of the American Civil Liberties Union (ACLU), won the dismissal of almost every conviction based on Dookhan's analysismore than 36,000 cases in all. Despite being a star child of the family, Sonja suffered from the mental illnesses that haunted her even in adulthood. Lab's standards on a fairly regular basis beginning in late 2004 or early 2005," the attorney general's report notes in launching its recounting of the chemist's drug-taking journey . When Farak was arrested,former Attorney General Martha Coakley told the public investigators believed Farak tampered with drugs at the lab for only a few months. She was arrested in 2013 when the supervisor at the Amherst lab was made aware that two samples were missing. (Netflix) A former state chemist, Sonja Farak, made headlines in 2013 when she was arrested for stealing and using drugs from a laboratory. Join us. Since her release, she has kept a low profile and managed to stay out of the public . 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. She was ar-rested for tampering with evidence while abusing narcotics at work. Because the attorney general had "portrayed Farak as a dedicated public servant who was apprehended immediately after crossing the line, there was also no reasonto waste resources engaging in any additional introspection.". Where is Sonja now? Without even interviewing Foster, they determined there was "no evidence" of obstruction of justice by her, by Kaczmarek, or by any state prosecutor. | Faraks wife had her own mental health problems, and according to Rolling Stone, Farak would have conflict with her wife every night at home. Another worksheet had the month and weekdays for December 2011, which police easily could have determined by cross-referencing holidays or looking up a New England Patriots game mentioned in one entry. In 2012, she began taking from co-workers' samples, forging intake forms and editing the lab database to cover her tracks. Her medical records included notes from Faraks therapist in Amherst, Anna Kogan. She said, It was about coping; it certainly wasnt about having fun; I dont think shes had fun in quite a while.. 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. 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. At least 11,000 cases have already been dismissed due to fallout from the scandal, with thousands more likely to come. She started seeing a substance abuse therapist around this time. The premise revolves around documentary filmmaker Erin Lee Carr following the effects of crime drug lab chemists Sonja Farak and Annie Dookhan and their tampering with evidence and its aftereffects.. Dookhan was accused of forging reports and tampering with samples to . Fortunately, the courts largely ignored this shallow investigation. This past Tuesday, the Massachusetts Supreme Judicial Court filed a report saying that more than 24,000 convictions in 16,449 cases have been dismissed as a result of foul play by a former state drug lab chemist. Foster and another assistant attorney general assented to that motion. 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. Such strong claims were too hasty at best, since investigators had not yet finished basic searches; three days later, police executed a warrant for a duffel bag they found stuffed behind Farak's desk. Grand Jury Transcript - Sonja Farak - September 16, 2015 Contributed by Shawn Musgrave (Musgrave Investigations) p. 1. Democratic Gov. One was clearly dated November 16, 2011a year and two months before her arrest. Netflixs How to Fix a Drug Scandal Story: 5 Fast Facts. Tens of thousands of criminal drug cases were dismissed as a result of misconduct by Dookhan and Farak. "If she were suffering from back injurymaybe she took some oxys?" They never searched Farak's computer or her home. The civil lawsuit was one of the last tied to prosecutors' disputed handling of the case against disgraced ex-chemist Sonja Farak, who was convicted in 2014 of ingesting drug samples she was. The new numbers appear in a report issued by a court-designated "Special Master." Psychotherapy Progress Notes, as shown above, can be populated using clinical codes before they are linked with a client's appointments for easier admin and use in sessions. The court also dismissed all meth cases processed at the lab since Farak started in 2004. Ryan finally viewed the file in the attorney generals offices in October 2014. Between 2005 and 2013, Sonja Farak was performing laboratory tests at a state drug lab in Amherst while under the influence of narcotics. "The gravity of the present case cannot be overstated," Kaczmarek wrote in her memo recommending a prison sentence of five to seven years. "Forensic evidence is not uniquely immune from the risk of manipulation," Justice Antonin Scalia wrote for the majority. "Annie Dookhan's alleged actions corrupted the integrity of the criminal justice system, and there are many victims as a result of this," Coakley said at a press conference. Foster
Her notes record on-the-job drug use ranging from small nips of the lab's baseline standard stock of the stimulant phentermine to stealing crack not only from her own samples but from colleagues' as well. Here are those forms with the admissions of drug use I was talking about," a state police sergeant wrote to Assistant Attorney General Anne Kaczmarek, who led Faraks prosecution, in a
"Because on almost a daily basis Farak abused narcoticsthere is no assurance that she was able to perform chemical analysis correctly," the judge found. 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. Dookhan had seeded public mistrust in the criminal justice system, which "now becomes an issue in every criminal trial for every defendant.". But absent evidence of aggravating misconduct by prosecutors or cops, the majority ruled, Dookhan's tampering alone didn't justify a blanket dismissal of every case she had touched. Verner, who testified that he didn't "micromanage" Kaczmarek, escaped criticism. Despite her status as a free woman (who has seemingly disappeared from the public eye), Farak's wrongdoings continue to make waves in the Massachusetts courts. ordered a report on the history of her illicit behavior. Dookhan's output remained implausibly high even after the U.S. Supreme Court ruled in Melendez-Diaz v. Massachusetts (2009) that defendants were entitled to cross-examine forensic chemists about their analysis. Penate and other defendants are asking see all of Fosters emails regarding Farak and other materials relating to the handling of evidence in the chemist's case. He was floored when he found the worksheets. The lawsuit names Kaczmarek, Farak and three members of the state police. wrote she "tried to resist using @ work, but ended up failing." Poetically, that landmark case originated from the Hinton lab, although Dookhan didn't conduct the analysis in question. After graduating from Portsmouth High School, Farak attended the Worcester Polytechnic Institute, where she got a bachelor of science degree in biochemistry in 2000. another filing. 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. Kaczmarek had obtained the evidence at issue while she was prosecuting Farak on state charges of tampering with evidence and drug possession. She was trying to suppress mental health issues, depression in specific, and she attempted to kill herself in high school, according to Rolling Stone. ", Prosecutors nationwide pretty uniformly backed this argument, which the Supreme Court rejected in a 54 opinion. One colleague called her the "super woman of the lab. She was also under the influence when she took the stand during her trial. There were also newspaper articles about other officials caught stealing drugs, including one with a scribbled note, "Thank god I'm not a law enforcement officer." Listen Live: Classic and Contemporary Celtic, Listen Live: Cape, Coast and Islands NPR Station, Boston nonprofit Street2Ivy is producing this generation's entrepreneurs. Grand Jury Transcript - Sonja Farak - September 16, 2015. She had never quashed a subpoena before, but supervisors told her to fend off motions about Farak. This story is an effort to reconstruct what was known about Farak and Dookhan's crimes, and when, based on court filings, diaries, and interviews with the major players. The cocaine, found in an unsealed, completed drug-testing kit, tested negativemeaning Farak had seemingly replaced the formerly "positive" drugs with falsified substances. Over the next four years, Farak consumed nearly all of it. Months after Farak pleaded guilty in January 2014, Ryan filed a
And when defense attorneys tried to do it themselves, Coakley's office blocked their efforts. Kaczmarek also oversaw the prosecution for the attorney general's office in that case. In "How to Fix a Drug Scandal," a new four-part Netflix docuseries, documentary filmmaker Erin Lee Carr presents the stories of Massachusetts drug lab chemists Annie Dookhan and Sonja Farak, and . She's no longer in prison, as Farak has served her sentence. 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. Most of the heat for thisincluding formal bar complaintshas fallen on Kaczmarek and another former prosecutor, Kris Foster, who was tasked with responding to subpoenas regarding the Farak evidence. Scalia may as well have been describing Dookhan. Shawn Musgrave is a reporter who was until recently based in Boston. Get all the latest from Sanditon on GBH Passport, How one Brookline studio helps artists with disabilities thrive. The Farak scandal came as the state grappled with another drug lab crisis. The number is 888-999-2881. Velis said he stood by the findings. Not only did they not turn these documents over, but I wasnt aware that they existed, said Frank Flannery, who was the Hampden County assistant district attorney assigned to appeals following Faraks arrest. Foster's first stepper ethical obligations and office protocolshould have been to look through the evidence to see what had already been handed over. Netflix released a new docu-series called "How to Fix a Drug Scandal." Her role was to test for the presence of illegal substances, which could be instrumental in thousands of . Episode 1. In fall 2012, just five months before her arrest, Annie Dookhan confessed to faking analyses and altering samples in the Boston testing facility where she worked. Where Is Sonja Farak Now? wrote to the Attorney Generals Office two days later. Despite such unequivocal findings of misconduct, the court removed language about Kaczmarek and Foster from notification letters to those whose cases have been dismissed, which will be sent out in early 2019.
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