BOSTON, Oct. 12, 2012—Four defendants saw their sentences stayed but were given strict curfews today during a special session in the Boston Municipal Court to address district court cases affected by the crisis at a Department of Public Health drug-testing facility.
Prosecutors assented a motion to stay the sentence of ANTHONY CRAAN (D.O.B. 7/1/82), who had been serving concurrent 18 month sentences on charges of distribution of a Class B substance and possession with intent to distribute a Class B substance. Annie Dookhan, a former DPH chemist at the heart of the crisis, is listed as the confirmatory chemist of the drug evidence. Judge Mary Ann Driscoll set Craan’s bail at $2,000 and ordered him to abide by a curfew of 9:00 p.m. to 6:00 a.m.
Craan is currently under indictment in an unrelated drug case. He is awaiting trial on an unrelated gun charge. He will return to court on Oct. 19.
Defendant ROBERT JAMISON (D.O.B. 4/29/76) also saw his sentence stayed in two separate cases. He was serving a two-and-a-half year sentence for distribution of a Class B substance last year and previously completed his sentence on a 2010 charge of distribution of a Class B substance. Dookhan was listed as the custodial chemist in both cases. Bail for Jamison was set at $500 with a 9:00 p.m. to 6:00 a.m. curfew.
Jamison has two other convictions for drug distribution that will not be affected by the DPH lab crisis, as well as prior convictions for assault and battery, indecent assault and battery, and failure to register as a sex offender.
DAVID MELLO (D.O.B. 1/23/85) was released on personal recognizance and given a curfew of 10:00 p.m. and 6:00 a.m. His case involving two counts of possession of a class B substance and possession with intent to distribute a class B substance was continued without a finding, but Mello had been sentenced to incarceration after violating the terms of his release. Dookhan was the confirmatory chemist in his case.
Mello has been convicted of other drug offenses, as well as assault and battery and assault and battery on a public employee. He will return to court on Oct. 19.
Dookhan was also the confirmatory chemist in the case against DAVID OTERO (D.O.B. 2/9/65), who was sentenced to two years in a house of correction on a possession with intent to distribute a Class A substance stemming from a 2011 arrest in Boston. He was released on personal recognizance and given a curfew of 10:00 p.m. to 6:00 a.m. Prosecutors had requested bail be set at $1,000.
Otero has also been convicted of burglary, breaking and entering at night with the intent to commit a felony, larceny over $250, and multiple counts of assault and battery. He will return to court on Dec. 21.
Several other defendants declined to have their cases stayed for technical reasons, including the possibility that the stay on their DPH drug sentence while they served concurrent terms on unrelated convictions could lead to a longer term of incarceration of the DPH drug sentence is reinstated after review by the court. About 20 cases were called in total.
Suffolk County District Attorney Daniel F. Conley has appointed three experienced prosecutors to handle cases affected by the DPH lab crisis. Drawing on a collective 27 years of experience in the state’s district, superior, and appellate courts, they will review post-conviction motions to determine whether defendants should be released, have their convictions reversed, or remain behind bars depending on the state of the evidence and any other convictions in their cases.
“They have the respect of their colleagues, the defense bar, and judges across the state,” Conley said of Assistant District Attorneys Paul Treseler, Nicole Cordeiro, and Vincent DeMore. “They have the experience, the knowledge, and the integrity to make the right call on a tough decision, and I’m grateful for their service on this very important team.”
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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
