The BBO hearings also focused on a 2016 hearing that resulted in a scathing rebuke of Kaczmarek and former assistant attorney general Kris Foster, who was assigned to handle some defense attorneys' requests for evidence in the Farak investigation. Foster said she was told by her supervisors in the AG's office to deny attorneys subpoenas for the evidence.
Of the prosecutors, Kaczmarek was the most directly involved and oversaw the prosecution of Farak. The chemist pleaded guilty in 2014 to tampering with — and personally ingesting — drug samples she tested at the state lab in Amherst. Tens of thousands of criminal cases were eventually dismissed because of her misconduct. Farak served 18 months in prison.
The BBO " petition for discipline " alleges that Verner, now a prosecutor in the Suffolk County district attorney's office, was involved in the decisions about withholding the Farak evidence and should have ensured all evidence was disclosed. Verner testified he relied on his subordinates to make sure it was done.
Less than four months before Farak's arrest, former chemist Annie Dookhan was arrested for tampering with evidence at the Hinton Lab in Boston. Tens of thousands of criminal drug convictions based on Dookhan's testing also were dismissed.
Former prosecutor Kris Foster (Courtesy Shawn Musgrave) Foster acknowledged writing a letter that said all evidence in the Farak case had been turned over, despite never reviewing the evidence file herself. She said she wrote that letter based on what Kaczmarek told her.
Gloria Phillips, an evidence officer, told police that Dookhan “always wanted Norfolk County” cases to analyze. Dookhan appeared to be doing a favor for Norfolk law enforcement officials when she was caught in June 2011 taking evidence from 60 Norfolk drug cases out of a storage area without authorization.
The Norfolk County prosecutor who carried on an unusual and sometimes personal e-mail correspondence with controversial state chemist Annie Dookhan abruptly resigned Wednesday, saying he did not want to be “a further distraction” from the investigation into criminal misconduct in the state drug lab in Jamaica Plain.
The chemist at the center of the state drug lab scandal carried on an unauthorized, sometimes personal, e-mail and phone correspondence with a prosecutor whose drug evidence she analyzed, a violation of office protocol that may give defense attorneys even more ammunition to throw out drug convictions involving Annie Dookhan’s work.