Bridgeman, et al. v. District Attorney

Brief for Amici Curiae National Association of Criminal Defense Lawyers and the Massachusetts Association of Criminal Defense Lawyers.

Brief filed: 10/24/2016


Bridgeman, et al. v. District Attorney

Supreme Judicial Court of Massachusetts; Case No. SJC-12157

Prior Decision

On a reservation and report of a single justice of the Supreme Judicial Court for Suffolk County.


Every Dookhan defendant should be afforded the presumption that Dookhan’s fraud was prejudicial. The presumption of prejudice should be irrebuttable. A conclusive presumption preserves the integrity of the judicial system. A conclusive presumption would allow for more efficient administration of justice and would more effectively deter future commonwealth misconduct. The court should bar re-prosecution of dismissed Dookhan cases. Dismissal with prejudice is an appropriate corrective to the lax response by the Commonwealth to the Dookhan and Farak scandals. A bar on re-prosecution will obviate a need for courts to address the question of whether Dookhan not only falsified drug certifications, but also irrevocably corrupted the underlying drug sample.

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Aaron Katz, Naveen Ganesh, and Peter Walkingshaw, Ropes & Gray LLP, Boston, MA; Daniel Gelb, NACDL, Boston, MA; Chauncey Wood, MACDL, Boston, MA.