Officials recently shut down part of the Nassau County Crime Lab because it was discovered that a half dozen drug cases had been subjected to incorrect analyses. District Attorney Kathleen Rice might be compelled by law to retest all drug cases, including sales and possession, dating back from 2007. The number of cases is startling. It is estimated that 4,000 drug convictions would have to be reviewed. DA Rice has called on an outside agency.
Experts say that it is very hard or impossible to prosecute cases that involve the dealing and possession of drugs when an incorrect analysis is conducted. Attorneys for defendants say that innocent people could have been jailed because of this. William Gibney, a lawyer with the Legal Aid Society who was instrumental in reforming the Rockefeller Drug Laws, said, "These convictions have a serious problem."
DA Rice said her office is prepared to give information about cases affected to defense attorneys but it will be up to defendants and their lawyers to request re-testing. But when I asked Roland Acevedo, a practicing criminal defense attorney based in NYC, he told me that "a prosecutor has a responsibility to do the right thing. The DA's office should take the steps to notify all potential defendants or their counsel who may be impacted by the discovery of this incident."
In an appearance on Good Day New York on Wednesday, DA Rice admitted that it's possible that an individual currently in jail may not belong there due to problems in the drug testing lab. "We believe there may be errors in the quantitative analysis. A lot of drugs are cut with other substances," said Rice.
According to news sources, the lab troubles were known but unreported. The problems started back in December of 2010 when the Mineola crime lab at police headquarters was placed on probation. A state forensic oversight agency found 15 serious failures to comply with storing and testing procedures.
The Nassau County DA has said that that only 16 defense motions seeking judicial reviews or reopening of drug cases have been filed. But this is understating the magnitude of the problem. If the crime lab was tainted for dozens, the scandal is likely much larger than just the sixteen cases identified so far. Just last year, the crime lab in San Francisco was shut down because of evidence tampering and theft of drugs from the lab. The scandal undermined public trust in both the police and the office of the prosecutor.
Defense attorneys believe that this is just the beginning and the discovery of many cases will occur that could in theory lead to procuring new trials for a majority of those convicted by the tainted evidence. New trials are a very costly procedure, especially at a time when Nassau County's economic health is so bad the state has seized control of the county's finances.
DA Rice recently ran for Gov. Cuomo's former position as state Attorney General, and in appearance after appearance she strongly defended her support of the Rockefeller Drug Law reforms. What will happen if hundreds or thousands of people are found to be wrongfully convicted because of tainted evidence? Will DA Rice pursue justice for dozens, hundreds, perhaps thousands of people who may be wrongfully incarcerated? Can Nassau County afford retrials? And can New York afford to allow people wrongfully convicted to remain incarcerated? Stay tuned.
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Update: Contested Cases Mount Against Nassau Crime Lab
By Timothy Bolger on April 5th, 2011
More than three dozen motions have been filed as of last Friday to contest convictions and active cases involving evidence processed by the troubled Nassau County police crime lab.
MELVILLE, N.Y. (AP) — A newspaper reports that dozens of people charged with felonies in the suburbs east of New York City are contesting their cases after a troubled crime lab was closed by authorities.
Newsday reported Saturday that 42 defendants in Nassau County cases dating to at least 1991 have filed motions to overturn them.
Officials closed the Long Island county crime lab in February after an investigation found that it was generating inaccurate measurements in drug cases.
The newspaper says most of the motions filed are for pending cases. But some were filed by people serving time, including ex-Marine James Farr.
Farr was convicted last November of driving drunk in a 2009 crash that killed two brothers crossing a busy highway. He's serving 12 years in prison.
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Information from: Newsday, http://www.newsday.com
Read more: http://www.timesunion.com/news/article/Newspaper-Cases-contested-after-NY-crime-lab-shut-1320082.php#ixzz1IW5pNdMw
Newsday reports that Nassau County Executive Edward Mangano and his predecessor, Thomas Suozzi, have both been subpoenaed by the state inspector general.
The lab was closed after flawed test results threatened to overturn hundreds of court convictions.
MINEOLA, N.Y. — A New York prosecutor has notified nearly 300 inmates that there have been questions about the accuracy of the Nassau County crime lab.The lab was shut after revelations surfaced that examiners were producing inaccurate measurements in some drug cases.
District Attorney Kathleen Rice's office has sent letters to local and state inmates jailed in Nassau County for drug or drunken-driving convictions. The letter includes contact information for lawyers.
Rice plans to have evidence in as many as 3,000 cases retested, going back several years.
Earlier this month, a judge ordered a retrial in a drunken driving case because of questions about the crime lab.
35 cases so far have been assigned to County Court Judge James P. McCormack, who also is an acting Supreme Court justice. Justice McCormack will handle pending drug cases where evidence was tested at the lab. He also will decide motions to set aside verdicts if the original judge has left the bench. The district attorney is drafting a letter to 368 individuals incarcerated in state prisons and another 51 jailed locally notifying them of the lab's closure and advising them to contact the county bar association or Legal Aid Society of Nassau County if they want to challenge their convictions. About 20 past clients already have contacted the Legal Aid Society, according to Kent Moston, attorney in chief.
Wall Street Journal - Chris Herring - ‎Mar 10, 2011‎
Nassau County District Attorney Kathleen Rice now is calling for retesting nearly 3000 felony drug cases between 2008 and 2010 and a technical review of about 1000 drunk-driving cases handled by the lab since 2006. ... Lets see if any new trials come out of this
Wall Street Journal - Tamer El-Ghobashy - 3/8/11/ A Long Island judge has ordered a new trial for a woman convicted of drunken driving after her lawyers argued that she may have been the victim of inaccurate testing at the troubled Nassau County crime lab. This may lead the way to hundreds of drug cases being overturned
1) Feb 24, 2011 ... NY judge rejects DA's bid for crime lab prosecutor. (Rice tried to appoint her own special prosecutor but the judge would not go for this. No doubt to try and sweep the damage under the rug so they won't have to retry hundreds of Rock Law cases which would bankrupt Nassau County.
2) Gov. Andrew Cuomo appointed State Inspector General Ellen Biben to lead an investigation into potential impropriety at the Nassau County crime lab.
3) March 4th : Newsday reports that new errors were found. This means that the 4,000 or so drug cases in question may have to be retested. I wonder how Nassau County and the DA's office are going to seep this under the rug? I will keep you posted of developments