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Boston man whose Supreme Court case led to a string of overturned drug convictions finally has his own drug conviction overturned

File under: Slowly grinding wheels of justice? Several months after the US Supreme Court ruled evidence used against a Boston man was unconstitutional - and after Massachusetts courts began throwing out convictions based on that ruling - the man has finally had his own conviction overturned.

In Melendez-Diaz v. Massachusetts, the Supreme Court ruled that introducing certificates that a substance found with defendants were drugs without giving their lawyers the chance to cross examine the experts who signed the documents violated the constitutional right to confront one's accusers. But the court did not overturn Luis Melendez-Diaz's 2001 coke-possession conviction, saying it would leave it up to a Massachusetts court to decide whether he would have been convicted anyway.

In a ruling today, the Massachusetts Appeals Court said that Melendez-Diaz should, indeed, have his verdict reversed, because the certificate - and the testimony of police officers not specifically trained as drug experts - was so central to his conviction that his fundamental rights were violated under the Supreme Court decision. Melendez-Diaz was a passenger in a car stopped by police who were after an acquaintance charged with stealing from a store at the South Bay shopping center; during a search, officers found what appeared to be cocaine.

In the months since the Supreme Court ruling, the Massachusetts Appeals Court has thrown out several drug and gun convictions based on the Melendez-Diaz decision. Just today, in fact, the court also overturned the conviction of a Lowell man found with more than 3,000 bags of what police and a drug expert said was heroin.

Last month, though, the court upheld a Lawrence man's conviction because the certification was not central to his conviction - even though his lawyer did not get a chance to cross examine a drug expert, the man's defense was that marijuana found in his bedroom was not his, not that it wasn't pot.

Complete Mass. Appeals Court ruling.

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Comments

This should probably lead to lots of paid court dates for drug and gun experts. And possibly a bigger logjam at the state lab for drug testing stuff.

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including the sixth amendment right to confront one's accusers.

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As a non-lawyer-type person, I just find it bizarre that the court threw out a number of convictions based on the decision in his case before they finally got around to throwing out his conviction.

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David Yamada can explain that to us.

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The problem is that the lab technician who is just pushing samples isn't the accuser. The State as a whole is. You, me, and everyone else in the State. The prosecutor, their staff, the cops, the forensics crew...they're all just acting as our representatives. If you think the lab tech has to take the stand to satisfy the "face their accuser" part of the Bill of Rights...then they should also be able to call you to the stand and ask if you think the prosecutor is accurately portraying your demands of them as your representative...then do that for all of us and see if the majority agree. Right?

Furthermore, there's nothing the tech has to say other than "yes, I didn't screw up" that can't already be determined to be their testimony from a certificate that they sign saying "yes, I didn't screw up". The only thing that this does is tie up more lab technicians who are already back-logged with the number of samples they have to run because today's juries think "reasonable doubt" means "without any doubts at all".

This was one of the worst decisions for the criminal justice system that will now make an already long process even longer ... and run the risk of causing more "speedy trial" dismissals or less prosecution of the lower crimes (in order to be sure everything is lined up for the bigger crimes). The "broken window" theory says that the lower crimes are just as important too...but prosecutors are going to have to make choices or the state is going to have to higher plenty of techs to make sure they can keep up with workload AND lose time heading to trial.

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Back in the day defense attorneys for OUILs, would question the fact whether or not a specific street is a "public way" which is an element of the drunk driving law in Massachusetts. Every once in a while a town engineer would have to come into court and testify that Commonwealth Ave. is in fact a public street in the City of Boston. I'm not sure if any drunk drivers ever got off in these situations where the engineer wouldn't show up for court, but it can be part of the process.

I wonder if it will be like police officers testifying about lidar and radar equipment. Case law dictates that officers do not need to know the specific physics of these machines, and I don't think people have the right to confront the makers of these machines in court either.

But something more will happen with this I bet.

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But the lab techs have work to do. You can't convince me that there's a civil engineer in Boston who actually does any work anyways.

:D

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"... then they should also be able to call you to the stand and ask if you think the prosecutor is accurately portraying your demands of them as your representative...then do that for all of us and see if the majority agree. Right?"

I'd take it. I'd love nothing more than a referendum concerning current drug laws.

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