But she insisted the drugs didn't compromise her worka belief that one judge would aptly declare "belies logic.". The disgraced chemist was sentenced to less than two years behind bars in 2014, following her guilty pleas for stealing cocaine from the lab. Foster consulted Kaczmarek about the files contents, according to an
Thus, only defendants whose evidence she tested in the six-month window before her arrest could challenge their cases. One was clearly dated November 16, 2011a year and two months before her arrest. "We shouldn't be in the position of having to be saying, 'Don't close your eyes to the duration and scope of misconduct that may affect a whole lot of cases,'" the exasperated Massachusetts chief justice told prosecutors during oral arguments. Where Is Sonja Farak Now? Massachusetts prosecutors withheld evidence of corrupt state narcotics testing for months from a defendant facing drug charges, and didnt release it until after his conviction, according to newly surfaced documents and emails. Read More: Where is Sonja Farak Sister Now? 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. 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. While Dookhan had tampered with evidence and indulged in dry-labbing, Farak stole from her workplace. Farak admitted to being on a list of drugs while working between 2004 and her 2013 arrest. 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. Chemist Sonja Farak pleaded guilty to "tampering with evidence" back in 2014 and was sentenced to 18 months in prison. She received the American Institute of Chemists Award in her final year as well as a Crimson and Gray Award from the school a year before, which recognized her dedication, commitment and unselfishness in the enrichment of student life at WPI. A Rolling Stone piece on Farak also indicated that she graduated with high distinction from the Worcester Polytechnic Institute. "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. A status hearing on Penate's suit, which was filed in 2017, is scheduled for July. Mucha gente que vio el programa se pregunta: dnde est Sonja Farak ahora? chemist, Sonja Farak, had been battling drug addiction and had tampered with samples she was assigned to test around the time she tested the samples in Penate's case. On paper, these numbers made Dookhan the most productive chemist at Hinton; the next most productive averaged around 300 samples per month. Netflix's latest true-crime series, How to Fix a Drug Scandal, dives deep into a shocking Massachusetts scandal, one that started in the humble confines of an underfunded drug testing lab and ended with an entire system in question. As Kaczmarek herself later observed, Farak essentially had "a drugstore at her disposal" from her first day at the Amherst lab. 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. "These drugswere tested fairly," Coakley claimed the day after Farak's arrest. In November 2013, Dookhan pleaded guilty to obstruction of justice, tampering with evidence, and perjury. In the series, it's explained that Farak loved the energy the meth gave her. Officials recognized the worksheets for what they were: near-indisputable confessions. memo to Judge Kinder the next week, Foster said she reviewed the file, and said every document in it had already been disclosed. And when the tests she did run came back negative, Dookhan added controlled substances to the vials. Farak as a young. The court decided to uphold a ruling dismissing charges against the defendant, a juvenile at the time of the alleged offense identified only as Washington W. The justices didnt name his prosecutor, David Omiunu, who was identified by The Eye from other court records. 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 . You have been subscribed to WBUR Today. Regarding the cases that she had handled, the Massachusetts courts threw out every case in the Amherst lab during her tenure. Before her sentencing, Farak failed a drug test while out on bail, according to Mass Live. 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. If they'd kept digging, defendants might still have learned the crucial facts. To better estimate how many convictions will have to be reviewed because of Farak, the Supreme Judicial Court
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. Even before her arrest, the Department of Public Health had launched an internal inquiry into how such misconduct had gone undetected for such a long time. Prosecutors have an obligation to give the defense exculpatory evidence including anything that could weaken evidence against defendants. Her wrongdoings were exposed when unsealed cocaine and a crack pipe were found under her desk. Listen Live: Classic and Contemporary Celtic, Listen Live: Cape, Coast and Islands NPR Station, Boston nonprofit Street2Ivy is producing this generation's entrepreneurs. The lawsuit names Kaczmarek, Farak and three members of the state police. Asked for comment, Foster in January objected through an attorney that the judge never gave her an opportunity to defend herself and that his ruling left an "indelible stain on her reputation.". Farak struggled with mental health throughout her life, the documentary series explains. The state and attorneys for some of the defendants agreed to a $14 million settlement to reimburse 31,000 defendants for post conviction-related costs, such as probation and parole fees, drug analysis and GPS monitoring. Because state prosecutors hid Farak's substance abuse diaries, it took far too long for the full timeline of her crimes to become public. "Because on almost a daily basis Farak abused narcoticsthere is no assurance that she was able to perform chemical analysis correctly," the judge found. If there's ever any uncertainty over "whether exculpatory information should be disclosed," the Supreme Judicial Court later wrote, "the prosecutor must file a motion for a protective order and must present the information for a judge to review.". Kaczmarek argued the findings are subject to appeal. Her job consisted of testing drugs that have. Penate alleged Kaczmarek's actions violated his "Brady rights," which require prosecutors to turn over potentially exculpatory evidence to defense counsel. Farak. Shawn Musgrave During her trial, her defense lawyer Elaine Pourinski said that Farak wasnt taking drugs to party, but instead to control her depression. Damning evidence reveals drug lab chemist Sonja Farak's addictions. Sonja Farak, a state forensic chemist in western Massachusetts, was minutes away from testifying in a drug case in early 2013 when attorneys learned she was about to be arrested on charges of. The attorney general's representative at these hearings was Assistant Attorney General Kris Foster, a recent hire. "he didn't request a warrant. Dookhan was now spending less time at her lab bench and more time testifying in court about her results. In January 2014, she pleaded guilty to evidence tampering and drug possession. The justices ordered Healey's department to cover all costs of notifying all defendants whose cases were dismissed. Please note that if your case has been identified for dismissal, it could take approximately 2-3 months for the relevant court records to be updated. At this point, Farakunlike Dookhandidn't admit anything. After serving for 13 months, she was released on parole in 2015. Robertson rejected Kaczmarek's claims she should not be held responsible for the turning over of exculpatory evidence because she was not part of the "prosecution team" in Penate's case. After contemplating another suicide, she settled on drugs, and the fact that she had such easy access to it at her workplace made it easier for her to get lost in that world. . food banks expect a surge, As streaming services boom, cable TV continues its decline. Farak was getting high off the confiscated drugs police sent her way before replacing the evidence with fake drugs. It was an astoundingly light touch for the second state chemist arrested in six months. In 2019, the chemist was spotted at federal court in Springfield, MA , attending a civil case. 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. Lost in the high drama of determining which individual prosecutors hid evidence was a more basic question: In scandals like these, why are decisions about evidence left to prosecutors at all? The cocaine, found in an unsealed, completed drug-testing kit, tested negativemeaning Farak had seemingly replaced the formerly "positive" drugs with falsified substances. Sgt. 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. After high school, Sonja went on to major in biochemistry at the Worcester Polytechnic Institute in western Massachusetts. 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. Subscribe to Reason Roundup, a wrap up of the last 24 hours of news, delivered fresh each morning. denied Penates motion to dismiss the case, saying there was no evidence that Faraks misconduct extended to his case. The medical records stated that she did not have an existing drug problem that was amplified by her access to more substances. Join us. Meanwhile, other top prosecutors, including Coakley, largely escaped criticism for their collective failure to hand over evidence that they were bound by constitutional mandate to share with defendants. Heres what you need to know about Sonja Farak: Farak was born on January 13, 1978, in Rhode Island to Stanley and Linda Farak. Between the two women, 47,000 drug convictions and guilty pleas have been dismissed in the last two years, many for misdemeanor possession. She started doing drugs almost as soon as she took the job at Amherst, but it was after years of negligence on her superiors part that her actions finally came to light. She was released in 2015, as reported by Mass Live. She was ar-rested for tampering with evidence while abusing narcotics at work. The attorney general's officeKaczmarek or her supervisorscould have asked a judge to determine whether the worksheets were actually privileged, as Kaczmarek later acknowledged. To multiple courts' amazement, her incessant drug use never caught the attention of her co-workers. The Amherst Bulletin reported that her medical records indicated that she only became addicted to drugs once she started working at the lab, in 2004. wrote to the Attorney Generals Office two days later. Or she just lied about her results altogether: In one of the more ludicrous cases, she testified under oath that a chunk of cashew was crack cocaine. Initially, she had represented herself in answer to the complaints lodged against her, but later, she turned to Susan Sachs, who represented her since, not just on the Penate lawsuit, but also on any other case that emerged as the result of her actions in Amherst. The charges against Penate were dismissed after Farak's conviction. Out of "an abundance of caution," Kaczmarek didn't present them to the grand jury that was convened to determine whether to indict Farak. Shortly into her role at Amherst, Farak decided to try liquid methamphetamine to ease her personal struggles. 3.3.2023 5:30 PM, Joe Lancaster She was also under the influence when she took the stand during her trial. February 2013 email, to which he attached the worksheets. As extensively detailed in How to Fix a Drug Scandal, Farak was arrested on January 19, 2013. Farak was a former lab chemist at a lab in Amherst, Massachusetts and was convicted of stealing and using drugs from the lab where she worked. On top of that, it was also ensured that no analyst would ever work without supervision. Would love your thoughts, please comment. A hearing on their motions is scheduled next month. State prosecutors gave Farak the immunity they had declined to grant two years earlier, then asked when she started analyzing samples while high. Yet Dookhan's brazen crimes went undetected for ages. Instead, Coakley's office served as gatekeeper to evidence that could have untangled the scandal and freed thousands of people from prison and jail years earlier, or at least wiped their improper convictions off the books. "The gravity of the present case cannot be overstated," Kaczmarek wrote in her memo recommending a prison sentence of five to seven years. Privacy Policy | ", Prosecutors nationwide pretty uniformly backed this argument, which the Supreme Court rejected in a 54 opinion. After weeks of hearings, a "special hearing officer" selected by the board recommended potential sanctions against them all. "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. 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. another filing. The actions of Sonja Farak and Annie Dookhan caused a racket of such a scale that the state had to recompense for it with millions of dollars and had to make a historic move in the dismissal of wrongful convictions. email highlighted in the Velis-Merrigan report. As a teenager, she had attempted suicide. Despite being a star child of the family, Sonja suffered from the mental illnesses that haunted her even in adulthood. According to an Attorney General Offices report, Farak attended Temple University in Philadelphia for graduate school, which is where she became a recreational drug user. "It was almost like Dookhan wanted to get caught," one of her former co-workers told state police in 2012. Coakley assigned the case against Dookhan to Assistant Attorney General Anne Kaczmarek and her supervisor, John Verner. In 2009, Farak branched out to the lab's amphetamine, phentermine, and cocaine standards. Two drug lab chemists' shocking crimes cripple a state's judicial system and blur the lines of justice for lawyers, officials and thousands of inmates. The lead prosecutor on Farak's case knew about the diaries, as did supervisors at the state attorney general's office. Defense lawyers doubled down on challenges to every case she might have taintednot just her own, which district attorneys ultimately agreed to dismiss, but also her co-workers', based on Farak's admission that she stole from other chemists' samples. Process Notes/Psychotherapy Notes Process notes are sometimes also referred to as psychotherapy notesthey're the notes you take during or after a session. "I was totally controlled by my addiction," Farak later testified. 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 story of the intertwining Farak and Penate evidence began in January 2013, when state police arrested Farak and searched her car. But the Farak scandal is in many ways worse, since the chemist's crimes were compounded by drug abuse on the job and prosecutorial misconduct that the state's top court called "the deceptive withholding of exculpatory evidence by members of the Attorney General's office.". So, in a way, it is not from her that the queue of the blame should begin; it should be from the lab and the authorities themselves. State prosecutors hadnt provided this evidence to other district attorneys offices contending with the Farak fallout, either. Given the account that Farak was a law-abiding citizen, it is questioned as to how an Relying on an investigation conducted by state police, the judges
. "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. READ NEXT: Netflixs How to Fix a Drug Scandal Story: 5 Fast Facts, Sonja Farak: 5 Fast Facts You Need to Know, Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. Over the next four years, Farak consumed nearly all of it. A drug chemist . Two detectives found Farak at a courthouse waiting to testify on an unrelated matter. She even made her own crack in the lab. Due to the conviction, prosecutors were forced to dismiss more than . If Farak found a substance was a true drug, the person it was confiscated from could be convicted of a substance-related crime. Why did she do that and where has it left her? Lets find out. Without even interviewing Foster, they determined there was "no evidence" of obstruction of justice by her, by Kaczmarek, or by any state prosecutor. You can try, Suspensions and a reprimand proposed for prosecutors admonished in drug lab scandal. This very well could have been the end of the investigative trail but for a few stubborn defense lawyers, who appealed the ruling. And when defense attorneys tried to do it themselves, Coakley's office blocked their efforts. 1. A Powerful EHR to Manage a Thriving Practice. Patrick said "the most important take-home" was that "no individual's due process rights were compromised.". Nassif put Dookhan on desk duty but allowed her to finish testing cases already on her plate, including some of the samples she had taken from the locker. The Hinton drug lab, operated by the Massachusetts Department of Public Health, appears to have been run largely on the honor system. The Massachusetts Supreme Judicial Court ruled in 2015by which time the current state attorney general, Maura Healey, had been electedthat it was "imperative" for the government to "thoroughly investigate the timing and scope of Farak's misconduct." "Forensic evidence is not uniquely immune from the risk of manipulation," Justice Antonin Scalia wrote for the majority. Kaczmarek, along with former assistant attorneys general Kris Foster and John Verner, all face possible sanctions. "I remember actually sitting on the stand and looking at it," Farak said of her first time swiping from evidence in a trafficking case, "knowing that I had analyzed the sample and that I had then tampered with it.". As a teenager, she had attempted suicide. In the only quasi-independent probe of the Farak scandal ever ordered, Attorney General Healey and a district attorney appointed two retired judges to investigate in summer 2015. 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. In a separate opinion in October 2018, the Supreme Judicial Court also ordered the state to return most court fines and probation fees to people whose cases were dismissed; one estimate puts that price tag at $10 million. The results of that intake interview and notes from several of Farak's therapists all detailing Farak's drug use going back years were obtained by defense attorneys on behalf of . 3.4.2023 8:00 AM, Reason Staff Kaczmarek argued before the BBO, and in response to Penate's lawsuit, that she was focused on prosecuting Farak and not defendants, like Penate, whose criminal cases were affected by Farak's misconduct. The hotline is open Monday through Friday, from 9:30 a.m. to 5 p.m. 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. Farak also had an apparent obsession for her therapists husband, as she was reported to have a folder that shed put together about him, documenting her obsession. Maybe it's not a matter of checklists or reminders that prosecutors have to keep their eyes open for improprieties. Disgraced drug lab chemist Sonja Farak emerges as her own attorney as defendant in $5.7 million federal lawsuit. The responsibility of the mess that she created should also rest upon the shoulders of her workplace that allowed her the opportunity to indulge so freely in drugs in the first place. Farak had started taking drugs on the job within months of joining the Amherst lab in 2004. The court also dismissed all meth cases processed at the lab since Farak started in 2004. Two weeks after Ryans discovery, the Attorney Generals Office
You can check your records electronically by following this link: https://icori.chs.state.ma.us. wrote she "tried to resist using @ work, but ended up failing." Meier put the number at 40,323 defendants, though some have called that an overestimate. The latest true crime offering from Netflix is the documentary series "How to Fix a Drug Scandal." It dives into the story of Sonja Farak, a chemist who worked for a Massachusetts state drug. The information showed that Farak sought therapy for drug addiction and that her misconduct had been ongoing for years. ", Prosecutors maintained that Faraks rogue behavior spanned just a few months. Foster protested that portions of the evidentiary file in question might be privileged or not subject to disclosure. Sonja Farak. But whether anyone investigated her conduct during a brief stint working at the state's Boston drug lab is at . Instead, she submitted an intentionally vague letter to the judge claiming defense attorneys already had everything. Although the year she wrote the notes wasnt listed on the worksheet, in the six years prior to her arrest, 2011 is the only year in which Dec. 22 fell on a Thursday. Magistrate Judge Robertson denied a request in Penate's lawsuit that Kaczmarek be prohibited from contesting the special hearing officer's findings. A final decision is still pending and must be approved by the state Supreme Judicial Court. Over time, Farak's drug use turned to cocaine, LSD and, eventually, crack. It included information about the type of drugs she tampered with. The Amherst lab had called state police when the two missing samples were noticed in 2013. The former judges and the state police officers who helped them conducted a thorough review, said Emalie Gainey, spokeswoman for Attorney General Maura Healey. Who is Sonja Farak, the former state drug lab chemist featured in the show? This might not have mattered as much if the investigators had followed the evidence that Farak had been using drugs for at least a year and almost certainly longer. The four years since Ryan discovered Farak's diaries have been a bitter fight over this question of culpabilitywhether Kaczmarek, Foster, and their colleagues were merely careless or whether they deliberately hid crucial evidence. TherapyNotes. After the Supreme Court's decision, a skeptical colleague started tracking how many microscope slides Dookhan used to test samples for cocaine. Exhausted from the ongoing scandal in Boston, state officials were desperate for damage control. 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. motion on behalf of another client to see the evidence. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NEXT: Zoning Makes the Green New Deal Impossible. NORTHAMPTON Sonja J. Farak told a nurse at the Western Massachusetts Regional Women's Correctional Center in Chicopee in December 2013 that she used methamphetamines and other stimulants "whenever she could get her hands on them." And since her job as a chemist was to test drug samples at a state drug lab in Amherst, that opportunity came daily. Netflix released a new docu-series called "How to Fix a Drug Scandal." I felt euphoric, Kogan wrote of Farak. Earlier that day, a chemist at the Amherst drug lab had tracked two samples that were missing from the evidence locker to Sonja Farak's bench. 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. Sonja Farak pleaded guilty to stealing samples of drugs from an Amherst drug lab. The defense bar also demanded answers on how such crucial evidence stayed buried for so long. ", Everyone Practices Cancel Culture | Opinion, Deplatforming Free Speech is Dangerous | Opinion. shipped nearly 300 pages of previously undisclosed materials to local prosecutors around the state. In 2019, she was seen leaving the Springfield Federal Court but declined to comment on the status of the case. They tend to be more freeform notes about the session and your impressions of the client's statements and demeanour. Sonja Farak was a chemist at a state drug lab in Amherst, Massachusetts, from 2005 to 2013. Several defense attorneys who called for the Velis-Merrigan investigation say the former judges and their state police investigators got it wrong. Between Farak and Dookhanwho's also featured in How to Fix a Drug Scandal38,000 wrongfully convicted cases have been dismissed, according to the Washington Post. State officials rushed to condemn her loudly and publicly. She's no longer in prison, as Farak has served her sentence. Investigators either missed or declined opportunities to dig very deep. She played as the starting guard for Portsmouth High Schools freshman team. For people with disabilities needing assistance with the Public Files, contact Glenn Heath at 617-300-3268. This article originally appeared in print under the headline "The Chemists and the Cover-Up". Among the papers they seized were handwritten worksheets Farak completed for drug-abuse therapy. (Netflix) A former state chemist, Sonja Farak, made headlines in 2013 when she was arrested for stealing and using drugs from a laboratory. The special hearing officer found Kaczmarek "displayed no remorse" and was "not candid" during the disciplinary proceedings. Despite being a star child of the family, Sonja suffered from the mental illnesses that haunted her even in adulthood. Farak was arrested the next day, and the attorney general's office assigned the case to Anne Kaczmarek. Support GBH. The drug lab technician was sent to prison for 18 months, but was released in 2015. But in a
He also
In 2014, former Amherst drug lab chemist Sonja Farak was convicted and sentenced to 18 months in prison after it was discovered that she stole and used drugs that she was entrusted to test. B. ut when Penates lawyer tried to obtain the documents not certain what was in them before his clients 2013 trial, he was rebuffed by state prosecutors who said the papers were irrelevant according to emails included in investigative reports unsealed earlier this month. Ryan finally viewed the file in the attorney generals offices in October 2014. She continued to experience suicidal thoughts, but instead of going through with those thoughts, she started taking the drugs that she would be testing at work. Like Hinton, the Amherst lab had no cameras. During the next four years, she would periodically sober up and then relapse. "A forensic analyst responding to a request from a law enforcement official may feel pressureor have an incentiveto alter the evidence in a manner favorable to the prosecution.". Defense attorneys had. 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.". "Whether law enforcement officials overlooked these papers or intentionally suppressed them is a question for another day.". In fall 2013, a Springfield, Massachusetts, judge convened hearings with the explicit aim of establishing "the timing and scope" of Farak's "alleged criminal conduct.".
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