Brief filed: 10/24/2016
Bridgeman, et al. v. District Attorney
Supreme Judicial Court of Massachusetts; Case No. SJC-12157
On a reservation and report of a single justice of the Supreme Judicial Court for Suffolk County.
Every Dookhan defendant should be afforded the presumption that Dookhan’s fraud was prejudicial. The presumption of prejudice should be irrebuttable. A conclusive presumption preserves the integrity of the judicial system. A conclusive presumption would allow for more efficient administration of justice and would more effectively deter future commonwealth misconduct. The court should bar re-prosecution of dismissed Dookhan cases. Dismissal with prejudice is an appropriate corrective to the lax response by the Commonwealth to the Dookhan and Farak scandals. A bar on re-prosecution will obviate a need for courts to address the question of whether Dookhan not only falsified drug certifications, but also irrevocably corrupted the underlying drug sample.
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