Massachusetts' highest court will consider whether three former assistant attorneys general will be sanctioned for their roles in a decade-old state drug lab scandal that reverberated throughout the state's criminal legal system.
Massachusetts' highest court will consider this week whether three former assistant attorneys general will be sanctioned for their roles in a decade-old drug lab scandal that reverberated throughout the state's criminal legal system.
The three former prosecutors are accused of withholding evidence that indicated that the scope of Farak's drug use at the Amherst lab was larger than the attorney general's office initially claimed and potentially affected even more criminal cases than first believed. The board also recommended that Foster be suspended for one year and a day for indicating the evidence had been turned over when it had not. The board recommended that Verner be suspended for three months for failing to properly supervise the investigation and ensure the evidence was provided to the offices of district attorneys that had prosecuted the affected cases.
Attorneys for all three former prosecutors oppose the recommended sanctions. The recommendations were issued last year after the board reviewed a report from a special hearing officer who held weeks of hearings on how the attorney general's office handled the Farak investigation. Kiley also wrote that as a prosecutor, Kaczmarek was required to turn over potentially exculpatory evidence to Farak's defense counsel, not to the district attorneys' offices.subjected to an unofficial sanction due to the publicity and length of these
One of the questions the justices are expected to consider involves how much responsibility falls on supervising attorneys for the actions of lawyers they oversee. Verner faces suspension for not making sure that Kaczmarek followed the appropriate legal rules. Verner's attorneys say he should receive a public reprimand, but they argue that sanctioning Verner would have an impact on all supervising attorneys.
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