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COMMONWEALTH v. CHARLES

Nos. SJC-11408, SJC-11409, SJC-11410.

466 Mass. 63 (2013)

COMMONWEALTH v. SHUBAR CHARLES. COMMONWEALTH v. HECTOR MILETTE. DISTRICT ATTORNEY FOR THE EASTERN DISTRICT v. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT.

Supreme Judicial Court of Massachusetts, Suffolk.

July 22, 2013.

Attorney(s) appearing for the Case

Ronald DeRosa , Assistant District Attorney ( Elin H. Graydon , Assistant District Attorney, with him) for the Commonwealth & another.

Beth Eisenberg , Committee for Public Counsel Services ( Matthew R. Segal with her) for Shubar Charles.

Matthew R. Segal ( Emma A. Anderson , of New York, with him) for Hector Milette.

Jennifer Grace Miller , Assistant Attorney General, for Superior Court Department of the Trial Court.

The following submitted briefs for amici curiae:

Joel Z. Eigerman for Jewish Alliance for Law & Social Action & others.

C. Samuel Sutter , District Attorney, & Eva Zelnick , Assistant District Attorney, for District Attorney for the Bristol District.

Ryan Schiff & Benjamin H. Keehn , Committee for Public Counsel Services, & Alex G. Philipson for Committee for Public Counsel Services & another.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

SPINA, J.

In June, 2011, allegations of misconduct at the William A. Hinton State Laboratory Institute in Jamaica Plain (Hinton drug lab) surfaced regarding work performed by Annie Dookhan, a chemist who had been employed in the forensic drug laboratory since November, 2003. Following an internal review, the Department of Public Health launched a formal investigation of the matter in December, 2011. The investigation concluded that "Dookhan failed to follow [Hinton...

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