Defendant Never Told of Negative Drug Testing

Atty. Christopher Post also won a new trial and then dismissal for a defendant who was never told that the “drugs” he was convicted of possessing tested negative at the Hinton lab. Police had stopped him, tackled him, and claimed they found crack cocaine. He was subsequently charged with possession with intent to distribute cocaine in a school zone. He pleaded guilty quickly to avoid the mandatory minimum school zone charge. While he was serving his sentence, testing at Hinton proved the substance was not drugs, just as he had claimed, but no one ever told him and continued serving his sentence. After the Dookhan and Farak scandals, Atty. Post helped identify similarly situated individuals while at the C.P.C.S. Drug Lab Crisis Litigation Unit. It appears there may be more than 300 similarly situated defendants.