Case Dropped: Distribution of Heroin

John Doe was charged with Distribution of Heroin and a School Zone violation, after he allegedly sold heroin to an undercover police officer. Mr Doe was facing a two year minimum mandatory sentence. John Doe retained White & Associates P.C. to handle his case after being in default for over five years. After a thorough investigation of the case, White & Associates learned that the alleged narcotics in John Doe’s case had been tested in the Hinton Drug Lab (although not by rogue chemist Annie Dookhan), White & Associates immediately filed a Rule 17 discovery motion under Lampron to pursue documentation of the myriad misconduct in the lab. White & Associates also made very specific discovery requests about the lab file, chain of custody documents and undercover buy money in Mr Doe’s case. Associate Attorney Ben Leatherman convinced a judge in the Malden District Court to compel the Commonwealth to produce these documents, after they failed to comply with a previous court order. In the face of this order and the zealous defense by White & Associates, PC, the Middlesex District Attorney’s Office decided to end the prosecution of this case in the interests of justice. On the Nolle Prosequi filed with the Malden District Court, the Commonwealth stated “The Middlesex District Attorney’s ability to prosecute this case legally and factually has been compromised and the alleged failures and misconduct raise issues of fundamental fairness in the pursuit of justice. The MDAO, on behalf of the public and consistent with our role and responsibility, must rely on evidence that is free from taint and that satisfies the required burdens of proof and persuasion, in a way that would be sufficient to obtain and sustain a criminal conviction beyond a reasonable double and, therefore, we find that it is necessary to end this prosecution in a manner consistent with the law.”