But why were a small handful of prosecutors allowed total control over evidence about one of the worst criminal justice failures in recent memory? She started smoking crack cocaine in 2011 and was soon using it 10 to 12 times a day. 3.3.2023 5:45 PM, Jacob Sullum A status hearing on Penate's suit, which was filed in 2017, is scheduled for July. Farak was released from prison in 2015 and has kept a low profile since. 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. Release year: 2020. Shawn Musgrave is a reporter who was until recently based in Boston. 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.". She even made her own crack in the lab. denied Penates motion to dismiss the case, saying there was no evidence that Faraks misconduct extended to his case. The Attorney Generals Office, Velis and Merrigan and the state police declined to answer questions about the handling of the Farak evidence. The Farak documents indicate she used drugs on the very day she certified samples as heroin in Penates case. | 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 . She later called this dismissive exchange a "plea to God.". His report deemed Dookhan the "sole bad actor" at the lab, a finding that remains disputed in some circles. After Faraks arrest in 2013, police found pages of mental health worksheets in her car indicating she'd struggled with drug addiction since at least 2011. Faraks notes also 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. After her arrest, she received support from her parents, who showed up to her court appearances, the Daily Hampshire Gazette reported. Diversity, Equity, Inclusion and Accessibility at GBH, Transparency in Coverage Cost-Sharing Disclosures. Discipline recommended for former assistant attorneys - Masslive wrote she "tried to resist using @ work, but ended up failing." 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.". I felt euphoric, Kogan wrote of Farak. Together, we can create a more connected and informed world. Farak is amongst one of the 18 defendants battling the lawsuit filed by Rolando Penate. (Netflix) A former state chemist, Sonja Farak, made headlines in 2013 when she was arrested for stealing and using drugs from a laboratory. El 6 de enero de 2014, Farak se declar culpable de los cargos en su contra. 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. They wrote that Lee, disabled by a stew of mental ailments, [spent] her hours surfing the Web in a haze.. 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. May 2003 started working in Hinton drug lab p. 14. Kaczmarek also oversaw the prosecution for the attorney general's office in that case. "It was Defendant who had the responsibility within the AGO [attorney general's office] to see that the Farak investigation materials were disseminated to the DAOs [district attorneys' offices]," Robertson wrote, adding there is no evidence anyone from the attorney general's office sent the potentially exculpatory evidence to those offices.". Farak was getting high off the confiscated drugs police sent her way before replacing the evidence with fake drugs. In a March 2013 Faraks wife had her own mental health problems, and according to Rolling Stone, Farak would have conflict with her wife every night at home. 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.". 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. 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." Finding that there did not appear to be enough slides in Dookhan's discard pile to match her numbers, the colleague brought his concerns to an outside attorney, who advised he should be careful making "accusations about a young woman's career," he later told state police. Regarding the cases that she had handled, the Massachusetts courts threw out every case in the Amherst lab during her tenure. Farak had started taking drugs on the job within months of joining the lab. 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. Poetically, that landmark case originated from the Hinton lab, although Dookhan didn't conduct the analysis in question. 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. | The drug lab technician was sent to prison for 18 months, but was released in 2015. "I would have done it": Filmmaker on indentifying with the "How to Fix 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. Approximately one year later, she pled guilty to tampering with evidence, unlawful possession, and stealing narcotics. 2. This is the story of Farak's drug-induced wrongdoings, and it's the story of the Massachusetts Attorney General's office apparently turning a blind eye on those wrongfully convicted because of Farak's mistakes. Kaczmarek is one of three former prosecutors whose role in the prosecution of Farak later became the focus of several lawsuits and disciplinary hearings. GBH News brings you the stories, local voices, and big ideas that shape our world. You can try, Suspensions and a reprimand proposed for prosecutors admonished in drug lab scandal. 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. Sonja Farak is in the grip of a rubbed-raw depression that hasn't responded to medication. 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. She also starting dipping into police-submitted samples, a "whole other level of morality," as Farak called it during a fall 2015 special grand jury session. A Powerful EHR to Manage a Thriving Practice. She had unrestricted access to the evidence room. High Mass. Lab Chemist Causes Over 24,000 Drug Charges To Be Dismissed Penate was convicted in December 2013 and sentenced to serve five to seven years. ", But another co-worker was suspicious, particularly since he "never saw Dookhan in front of a microscope.". In her initial police interview, given at her dining room table, Dookhan said she "would never falsify" results "because it's someone's life on the line." Emma Camp Where Is Sonja Farak Now? Episode 1. State prosecutors hadnt provided this evidence to other district attorneys offices contending with the Farak fallout, either. Another three days later, state police conducted a full search of Farak's workstation, finding a vial of powder that tested positive for oxycodone, plus 11.7 grams of cocaine in a desk drawer. Two detectives found Farak at a courthouse waiting to testify on an unrelated matter. "I dont know how the Velis report reached the conclusion it did after reviewing the underlying email documents, said Randy Gioia, deputy chief counsel at the Committee for Public Counsel Services, the states public defender office. Because state prosecutors hid Farak's substance abuse diaries, it took far too long for the full timeline of her crimes to become public. The disgraced chemist was sentenced to less than two years behind bars in 2014, following her guilty pleas for stealing cocaine from the lab. At the time of her arrest, she had resided in 37 Laurel Park in Northampton. Farak as a young. 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. PDF Applying Routine Activity Theory: A Case Study of the Sonya Farak Drug Damning evidence reveals drug lab chemist Sonja Farak's addictions. Prosecutors have an obligation to give the defense exculpatory evidence including anything that could weaken evidence against defendants. The place was closed as soon as Faraks crimes came to light. 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. Magistrate Judge Robertson denied a request in Penate's lawsuit that Kaczmarek be prohibited from contesting the special hearing officer's findings. The hotline is open Monday through Friday, from 9:30 a.m. to 5 p.m. His email was one of more than 800 released with the Velis-Merrigan report. Sonja Farak now: what happened to the chemist featured in How to Fix a Joseph Ballou, lead investigator for the state police, called them the most important documents from the car. When a Therapy Session starts, the software automatically creates a To-Do list item reminding users to create the relevant documentation. Name. | 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. Joseph . Shortly into her role at Amherst, Farak decided to try liquid methamphetamine to ease her personal struggles. 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. The scandal led. Yet state prosecutors withheld Farak's handwritten notes about her drug use, theft, and evidence tampering from defense attorneys and a judge for more than a year. But unlike with Dookhan, no one launched a bigger investigation of Farak. Widening scandal at state drug lab in Mass. exposes opportunities for 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. Given the account that Farak was a law-abiding citizen, it is questioned as to how an Each employee had a unique swipe card, but Farak simply used a physical key to get in after hours and on weekends. The case of Rolando Penate has become a leading example for lawyers calling for further investigation into alleged misconduct by prosecutors who handled documents seized from Sonja Farak, the Amherst crime-lab chemist convicted of stealing and tampering with drug samples. It included information about the type of drugs she tampered with. "he didn't request a warrant. With the Dookhan case so fresh, reporters immediately labeled Farak "the second chemist. Fortunately, the courts largely ignored this shallow investigation. Because of all that, it's no surprise that Farak was sent to prison in Massachusetts. 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 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 an August 2013 email, Ryan asked Assistant Attorney General Kris Foster to review evidence taken from Farak. Relying on an investigation conducted by state police, the judges Her role was to test for the presence of illegal substances, which could be instrumental in thousands of . She's no longer in prison, as Farak has served her sentence. On paper, these numbers made Dookhan the most productive chemist at Hinton; the next most productive averaged around 300 samples per month. "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. She married Lee after starting her job, but their marriage was rocky. 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. Tens of thousands of criminal drug cases were dismissed as a result of misconduct by Dookhan and Farak. But when the relevant police reports were released to defense attorneys, there was no mention of the diary entries' existence, much less that they went back so far. Thank you! Farak was arrested the next day, and the attorney general's office assigned the case to Anne Kaczmarek. Sonja Farak: 5 Fast Facts You Need to Know | Heavy.com Gioia called for evidentiary hearings so prosecutors can be asked about what they knew, when they knew it, and what they did with their knowledge., Luke Ryan, Penates trial lawyer, said that the state police officers working on the report failed to obtain an appropriate understanding of the events that transpired before they were assigned to this investigation.". (Featured Image Credit: Mass Live). 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. Sonja Farak: Defendant Rafael Rodriguez died of drug overdose - MEAWW Talking Politics: Should a new government agency protect the coastline from climate change? The defense bar also demanded answers on how such crucial evidence stayed buried for so long. Kaczmarek wrote back. "The mental health worksheets constituted admissions by the state lab chemist assigned to analyze the samples seized in Plaintiffs case that she was stealing and using lab samples to feed a drug addiction at the time she was testing and certifying the samples in Plaintiffs case, including, in one instance, on the very day that she certified a sample," Robertson's ruling reads. Because she did so, Plaintiff served more than five years in a state prison.". "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. The next month, Ryan asked again. | And then the bigger investigation was going to be someone else.". Even though Farak found a job after graduation and was settled down with her partner, she continued to struggle with depression and felt like a stranger in her body. It's not as bad as Dookhan, they asserted and implied over and over. She recovered, made it through college and got a job as a chemist at the Amherst Crime Lab, where she tested confiscated drugs. 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.". Rollins said it covers "a period of time in which either now disgraced chemist Annie Dookhan, or another convicted chemist Sonja Farak ," worked there. . 3.4.2023 8:00 AM, Reason Staff Without access to the diaries, the Springfield judge in 2013 found that Farak had starting stealing from samples in summer 2012. From the April 2023 issue, Billy Binion What Did Sonja Farak Do, Exactly? TherapyNotes She was trying to suppress mental health issues, depression in specific, and she attempted to kill herself in high school, according to Rolling Stone. It declined Farak's offer of a detailed confession in exchange for leniency, nixing the offer without even negotiating terms. How to Fix a Drug Scandal - Wikipedia Foster's first stepper ethical obligations and office protocolshould have been to look through the evidence to see what had already been handed over. Mucha gente que vio el programa se pregunta: dnde est Sonja Farak ahora? The lawsuit names Kaczmarek, Farak and three members of the state police. The governor didn't appoint the inspector general or anyone else to determine how long Farak was altering samples or running analyses while high. Watch How to Fix a Drug Scandal | Netflix Official Site How To Write Therapy Progress Notes: 8 Templates & Examples - Quenza Farak received a sentence of 18 months in jail and 5 years of probation. She said, It was about coping; it certainly wasnt about having fun; I dont think shes had fun in quite a while.. It took another three years for the truth to emerge. The fact that she ran analyses while high and regularly dipped into samples casts doubt on thousands of convictions. "It would be difficult to overstate the significance of these documents, Ryan Her reporting focuses on mental health, criminal justice and education. That settlement awaits approval by a judge. A final decision is still pending and must be approved by the state Supreme Judicial Court. memo to Judge Kinder the next week, Foster said she reviewed the file, and said every document in it had already been disclosed. MA: A reckoning for prosecutors in drug lab scandal? - NADDI Below is an outline of her charges. One reason that didn't happen, he says: "the determination Coakley and her team made the morning after Farak's arrest that her misconduct did not affect the due process rights of any Farak defendants." Penate argued the court should follow those findings. That motion was denied, and the notice letters will explain Farak's tampering without any mention of prosecutorial misconduct. According to the Daily Hampshire Gazette, Farak graduated with awards and distinctions. She was released in 2015, as reported by Mass Live. Despite being a star child of the family, Sonja suffered from the mental illnesses that haunted her even in adulthood. (Belchertown, MA, 01/22/13) Sonja Farak, 35, of Northampton, is arraigned in Eastern Hampshire District Court in Belchertown on charges that she stole cocaine and heroin while working as a. In worksheet notes dated Thursday, Dec. 22, Farak wrote she "tried to resist using @ work, but ended up failing." Although the year she wrote the notes wasn't listed . The cocaine, found in an unsealed, completed drug-testing kit, tested negativemeaning Farak had seemingly replaced the formerly "positive" drugs with falsified substances. Her wrongdoings were exposed when unsealed cocaine and a crack pipe were found under her desk. The number is 888-999-2881. A Compelling New Take on a Massachusetts Lab Scandal Tainting Thousands The Farak scandal came as the state grappled with another drug lab crisis. There is no allegation of misconduct against the local prosecutors who presented the case against Penate in Hampden County Superior Court. Farak struggled with mental health throughout her life, the documentary series explains. Foster protested that portions of the evidentiary file in question might be privileged or not subject to disclosure. The attorney general's officeKaczmarek or her supervisorscould have asked a judge to determine whether the worksheets were actually privileged, as Kaczmarek later acknowledged. Scalia may as well have been describing Dookhan. 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. 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. PDF United States Court of Appeals 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. From the March 2019 issue, "Tried to resist using @ work, but ended up failing," the forensic chemist scribbled on a diary worksheet she kept as part of her substance abuse therapy. During her trial, her defense lawyer Elaine Pourinski said that Farak wasnt taking drugs to party, but instead to control her depression. With your support, GBH will continue to innovate, inspire and connect through reporting you value that meets todays moments. The twin Massachusetts drug lab scandals are unprecedented in the sheer number of cases thrown out because of forensic misconduct. As he leafed through three boxes of evidence, he found the substance abuse worksheets and diaries. Grand Jury Transcript - Sonja Farak - September 16, 2015. As Solotaroff recounts in detail, Massachusetts attorney Luke Ryan represented two people who were accused of drug charges that Farak had analyzed . Netflix's How to Fix a Drug Scandal: What Happened To Sonja Farak 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 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. 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 . Perhaps, as criminal justice scandals inevitably emerge, we need to get more independent eyes on the evidence from the start. 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. It was an astoundingly light touch for the second state chemist arrested in six months. . 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. Did Falsified Drug Tests Lead to Wrongful Convictions? - Rolling Stone 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. She is not active on any social media platform and has kept her distance from the press. Thanks to Farak's testimony and those diary worksheets, we now know that, soon after joining the Amherst lab in 2004, Farak started skimming from the methamphetamine "standard," an undiluted oil used as a reference against which suspected meth samples are compared. This not only led to people getting a reprieve from prison but also filing their own lawsuits against the injustice they had to suffer. Farak wasn't the first Massachusetts chemist to tamper with drug evidence. Stream GBH's Award-Winning Content For Parents And Children. Her medical records included notes from Faraks therapist in Amherst, Anna Kogan. As a teenager, she had attempted suicide. motion with Hampden Superior Court Judge Jeffrey Kinder to see the evidence for himself. Powered by. But a crucial issue was not before the court. State officials rushed to condemn her loudly and publicly. According to the notes, Farak thought it gave her energy, helped her to get things done and not procrastinate, feel more positive., Her partner Nikki Lee testified before a grand jury that she herself had tried cocaine, that she had observed Farak using cocaine in 2000, and that she had marijuana in her house when police officers arrived to search the premises as part of their investigation of Farak., In Faraks testimony during a grand jury investigation, she said that she became a recreational drug user during graduate school and used cocaine, marihuana, and ecstasy. She also said she used heroin one time and was nervous and sick and hated every minute of it [and had] no desire to use [it] again., Farak met and settled down with Nikki Lee in her 20s. | 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. She tried to kill herself in high school, according to Rolling Stone.
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