In a significant legal development, the Massachusetts Supreme Court has disbarred former state prosecutor Anne Kaczmarek due to her role in violating the due process rights of thousands of criminal defendants. This violation stemmed from her failure to disclose crucial evidence related to a government chemist, Sonja Farak, who had stolen drugs from a state crime lab. Kaczmarek led the prosecution of Farak, who 2014 pleaded guilty to charges of stealing drug evidence and working while under the influence.
The consequences of Farak’s misconduct were far-reaching, leading to the dismissal of thousands of drug-related cases by the Massachusetts Supreme Judicial Court. However, it was revealed that the state had waited over a year before disclosing documents in 2014 that detailed the extent of Farak’s drug addiction issues and her struggles to resist drug use while at work.
Justice Frank Gaziano, in a unanimous 6-0 decision, noted that these documents strongly suggested that Farak’s misconduct began even before 2012. During this time, numerous criminal defendants were found guilty or entered guilty pleas due to the Attorney General’s Office’s (AGO) failure to provide exculpatory evidence.
The Massachusetts Supreme Court also took action against other individuals involved in this case. Assistant Attorney General Kris Foster was suspended for her reckless representations regarding the disclosure of evidence and her overall incompetence in responding to discovery and subpoenas. John Verner, their supervisor, received a public reprimand as he had relied on Kaczmarek’s misrepresentations in good faith but had failed to follow up appropriately.
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The court emphasized the significant harm resulting from the collective misconduct of Verner, Foster, and Kaczmarek. The repercussions of their actions extended to numerous individuals whose due process rights had been compromised.
Legal representatives for Kaczmarek and Foster did not immediately respond to requests for comment. However, attorneys representing John Verner, Patrick Hanley, and Thomas Butters of Boston-based Butters Brazilian LLP, expressed satisfaction that the court agreed with their position that a public reprimand was appropriate in Verner’s case.
This disbarment and disciplinary action come in the wake of a prior scandal in Massachusetts involving a different state chemist, Annie Dookhan. Approximately one year before the Farak-related dismissals, the court had already dismissed around 21,000 cases due to Dookhan’s admission of faking tests.
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