Two Released from House of Correction Sentences in Wake of Drug Lab Crisis

BOSTON, Oct. 5, 2012— A Boston Municipal Court judge today stayed further execution of sentences for two Boston men after Suffolk County District Attorney Daniel F. Conley’s office determined that the drug evidence in both cases was handled by a former chemist now accused of obstruction of justice.

Today’s proceedings took place in a special session intended to address district court cases affected by a chemist accused of tampering with drug evidence at a Department of Public Health drug-testing facility. A total of 19 cases were selected by the court; on further review by prosecutors, however, only five were affected by the crisis at the now-closed lab. Of those five, three either rejected a stay of their sentences for procedural reasons related to concurrent sentences in other jurisdictions or had already completed the sentences at issue.

Judge Mary Ann Driscoll stayed the one-year sentence imposed on CARLOS COLON (D.O.B. 5/2/90) of the South End and released him on $500 bail at the request of Assistant District Attorney Paul Treseler. She further required that Colon abide by a curfew of 10 p.m. to 6 p.m. Colon had been convicted of distribution of a Class B substance.

Driscoll also stayed the execution of sentences imposed last year on MICHAEL WELLS (D.O.B. 8/13/88) of Dorchester. Wells was on probation for a 2009 case when he was arrested for distribution of a Class B substance, possession with intent to distribute a Class B substance, violating the state’s drug laws in a school zone. Driscoll released him on personal recognizance with a curfew between 10 p.m. and 6 a.m. and ordered him to remain drug and alcohol free.

Colon was represented by Marcy Levington and will return to court on Dec. 12 for a status hearing. Wells was represented by attorney Jennifer Sanders. He will return to court on Dec. 14 for a motion hearing.  Additional Boston Municipal Court hearings are expected in the near future; Suffolk Superior Court hearings will be held the weeks of Oct. 15 and 22 for defendants convicted or held on bail in that venue.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.