May 10, 2013
- Steven Topazio wrote this May 4, 2014 at 6:05 pm
A 43 year old individual who was convicted of operating after suspension, Possession with Intent to Distribute Class A Substance and School Zone violation after a plea of guilty received a two (2) year committed sentence to the House of Corrections. While serving his sentence, the client retained Boston Criminal Attorney Steven J. Topazio after the client learned that the drugs in his case may have been tainted during the testing process. Attorney Topazio discovered that Chemist Annie Dookhan of Hinton lab in Jamaica Plain carried out the testing on the alleged controlled substances in his client’s case. Ms. Dookhan has since been identified by law enforcement officials as a person who intentionally contaminated drug evidence to ensure positive tests, inflated drug sample weights, falsified drug analysis findings and fraudulently altered the chain of custody documents during a time period relevant to this case. As a consequence of that investigation, two other laboratory supervisions have been suspended, and the drug laboratory has been shut down. As a result of the Dookhan investigation, Attorney Topazio filed a motion for a new trail, a motion to withdraw guilty plea and a motion for post conviction discovery. Attorney Topazio argued that the Commonwealth relied upon tainted drug analysis documents and testimony to carry its burden of proof at the plea in his new client’s case. As a result of the misconduct of Ms. Dookhan and/or other employees of Hinton lab, Attorney Topazio argued that his client was deprived of due process by the failure of the Commonwealth to provide true and accurate discovery in violation of Fourteenth Amendment and Article 14. Brady v. Maryland, 373 U.S. 83 (1963). As a result of Ms. Dookhan’s conduct, Attorney Topazio claimed that his client’s guilty plea was not knowing and voluntary, and therefore violated his client’s rights. The motion for a new trial was allowed by the court by agreement. Attorney Topazio was able to convince the court to accept a new disposition of 3 months continuance without finding (CWOF) in lieu of retrying the case.