Chewing the Fat with Jeff Fisher - Jeffy's Corner: Live With It!

Episode Date: October 1, 2016

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So Massachusetts has got the, this has been going on for about three years now. And there's going to be a bunch of, a bunch of so-called criminals that have been in jail are going to be let loose. They've had two lab techs for, I mean, I'm sure they're had a better title than that. First one was Annie Dukon.

I mean, she said, hey, my deal is to get users off the street and into prison. She's already in jail. She pled guilty to obstruction of justice, tampering with evidence, perjury, falsification of academic records. And she got three to five years in prison. Now we know that she falsified tens of thousands of reports. She just marked them positive. I don't need to test them positive. And then when the whistleblowers reported it, the lab covered the misconduct up and allowed her to work.

Nine years, this went on. Okay? So she had about 24,000, more than 24,000. In fact, they give the exact number, 24,391 defendants convicted on the basis of potentially falsified evidence. Wow. So that is amazing. And there's still, as we move on in the story, you'll see where Massachusetts is like, eh, so. so. Well, a second Massachusetts crime lab now, you know, covers the state.

Sonia Farrak, F-A-K, former employee of the Amherst Crime Lab, convicted of regularly stealing drug samples and conducting analysis as, well, there's the story, blazingly high on crack cocaine, methamphetamine, amphetamine, ketamine, ecstasy, and LSD. She may have tainted about 18,000 cases. So now you're looking at over 42,000 wrongful convictions. That's all. That's all. No problem. Now, Farak did this for eight years.

man, just going into work, getting high off the samples. Now, when they found out, it was like, what happened to some of the samples? I don't know. I thought it was right over there. You know, it's not. Huh. I don't know what could have happened to it.

And then we're, yeah, we know what happened to it. You used it. But now a Massachusetts is like, you know, look. that's a, you know, most of them are probably guilty anyway, right? You know that as well as I do. So let's not jump the gun on trying to, you know, overturn all these cases. Hey. So this summer, anticipating that the court would require Massachusetts to inform the Dukin defendants,

that's a little over 24,000, almost 25,000 people. they thought, oh, you know what? They're going to make us inform them. You know what? We'll send out a letter ourselves. So they sent out a letter, a notice, to explain the defendant's rights and implied that they might be re-prosecuted

and forced to reserve their sentences, which, you know, is kind of true. The letter included a Spanish translation, but it was garbled and unreadable. And it was sent in a cryptically marked envelope purporting to be both from Massachusetts and the RG2 Systems Incorporated, which was the lab, I believe, to all outward appearances, the letter was spam. And probably wasn't believed anyway. But instead of saying, hey, we're going to get you off, you probably get off from this charge.

Yeah, and we're also going to retry you again. So don't worry about it. and don't think about coming back to us, okay, with these cases. You live with what we've done to you. You don't like it? Tough. The state wants to just have it all go away. Let's just forget about it.

But this is a perfect time for the state to say, to walk away, right? Just to make these cases done with. They're wrongful convictions, whatever these cases. And there's got to be, I mean, a huge domino effect of all of these because some of them are right, some of them are wrong. You know, not every one of these is wrong. And what has happened because this one was right that down the line caused a longer sentence or more hardships than would have happened if this one had been proven wrong? I mean, it's, it's take forever to go through these cases. But the state is like, you know, yeah, we could walk away.

But look, no. We don't really, we don't want to look. You guys can do whatever you want, but we're not going to, you know, this should have been done. We should have just closed it all up and wrapped it at one time with some sort of with the help from everyone. Instead, you want to keep litigating all these cases. We can't do that. We can't do that.

So unless, I mean, they're playing the game of, look, if you think you were wrongfully convicted, and I'll give us a call. Give us a call. And then, you know what? If we think that you were, you know, we'll talk. But until then, those 40,000 cases, whether you were guilty or not, you were guilty, live with it. Okay, live with it. Why is that story so fascinating? It just makes me wonder if the state of Massachusetts,

just the state of Massachusetts, has over 40,000 wrongful convictions. And I know that many of them are probably correct, you know, true convictions. So let's say half, a third, a quarter. 10,000? 5,000. Okay, 5,000.

We'll say that the other 35,000 were right. The other 5,000 were true convictions. There's still 5,000 wrongful convictions in the state of Massachusetts. Kind of makes you wonder how many wrongful conventions are out there in other states, doesn't it? So all the labs that have been, you know, letting your employees sit around smoking rock, testing whatever kind of drugs are coming through. Was that crack? Yeah, yeah.

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