CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, October 5, 2017

"Prosecutors slammed for ‘lack of moral compass,’ withholding evidence in widening Mass. drug lab scandal"

From The Washington Post:

All of this led to a six-day hearing in December 2016 on the prosecutorial misconduct of Kaczmarek and Foster, and then a scathing 127-page order in June by Superior Court Judge Richard J. Carey. Carey concluded that Foster’s denial “of having made any mistakes underscores her lack of a moral compass” and that her and Kaczmarek’s conduct was “reprehensible and magnified by the fact that it was not limited to an isolated incident, but a series of calculated misrepresentations. The ramifications from their misconduct are nothing short of systemic.”

. . .

Jacobstein said that the attorney general’s office had provided some lists of cases tested by Farak but that they were incomplete, with no case numbers or co-defendants. Some of the 11 district attorneys in Massachusetts have provided some lists of Farak defendants, and the public defenders were in negotiations with the prosecutors for a full list, but those were stopped until a ruling issued from Carey. His blistering opinion of the actions of the attorney general’s office has sparked not only the lawsuit demanding action  but also a bar complaint from the Innocence Project against Kaczmarek and Foster.

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