Dookhan wants alleged admission tossed

The former Massachusetts state chemist accused of faking drug test results and tampering with evidence wants statements to police in which she allegedly admitted wrongdoing tossed out.

Annie Dookhan’s attorney filed a motion Friday contending that she never received a Miranda warning and that her Fifth Amendment right against self-incrimination was violated.

The police statement she signed and a follow-up call happened under circumstances in which a reasonable person ‘‘would not have felt free to end the interrogation,’’ according to the motion.


The attorney general’s office did not immediately respond to a request for comment Monday.

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In the statement she signed, Dookhan allegedly admitted making negative samples positive for narcotics, and ‘‘dry labbing,’’ or testing some samples for drugs and assuming others were positive.

Authorities said Dookhan tested more than 60,000 drug samples involving 34,000 defendants at the Hinton Laboratory in Jamaica Plain, which the state shut down last summer. She resigned months earlier during an internal probe. Hundreds of inmates have been released in the fallout from the scandal.

Authorities have previously said the only motive they can offer in the case is Dookhan’s desire to be seen as a good worker. She has pleaded not guilty to charges including obstruction of justice and perjury after a 27-count indictment last year stemming from cases in six counties.

Court records show that one of the Massachusetts State Police officials who got the signed statement from Dookhan last August told grand jurors that she was cordial, alert, and sober when they went to her Franklin home and she agreed to an interview.


‘‘She was very cooperative,’’ Detective Lieutenant Robert Irwin testified.

He also told grand jurors that he and Detective Captain Joseph Mason showed Dookhan their badges and told her they were doing an investigation involving the lab and that she did not have to speak to them if she did not want to.

‘‘She said, ‘No, that’s OK; I will talk to you,’ ’’ Irwin testified in October.

Irwin said that Dookhan’s husband came home and asked her what was going on, but she told him she was fine and kept talking to police.

Later, both Dookhan and her husband left the room to speak privately for several minutes, according to the police official, who said Dookhan returned and continued the interview.


The police official also testified that Dookhan told the investigators before they left that her husband privately had asked her if she should get a lawyer, but she told him no.

Motion filed

Dookhan, 35, of Franklin, is due back in Suffolk Superior Court in October, when her attorney and the prosecution are expected to argue the defense’s motion to suppress her statements to police.

Last week, a Suffolk Superior Court judge scheduled a Jan. 6 trial date for Dookhan.

Authorities have set up special court sessions to manage fallout from the lab scandal, the effects of which have been felt across the Massachusetts criminal justice system.

At least 337 state prison inmates have been released as a result of the case, a state spokesman said last week.

The Massachusetts District Attorneys Association said that at least 1,115 cases have been dismissed or not prosecuted because of Dookhan’s involvement or problems with producing documents in a timely manner because of the lab’s closure.

The state’s highest court has decided that Superior Court judges have the power to release drug convicts from Dookhan-related cases on bail before they are granted new trials, if special magistrates who are handling the tainted cases make recommendations to do so.