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A lab technician for the New Jersey State Police's Office of Forensic Science has 'retired' early after being caught
falsely identifying a substance as marijuana without conducting the proper tests. On Monday, Deputy Public Defender Judy Fallon
issued a memo to Public Defender Joseph Krakora explaining Kamalkant Shah's falsified report:
"Laboratory Technician II Kamalkant Shah of the New Jersey State Police Laboratory (in Little Falls) has been found to have 'dry labbed' suspected CDS specimens. Basically, he was observed writing 'test results' for suspected marijuana that was never tested."
According to NJ Advance Media, "Ellie Honig, director of the Division of Criminal Justice of the Attorney general's office, said in [a] Feb. 22 letter to county prosecutor's offices that Shah 'failed to appropriately conduct laboratory analyses in a drug case.'"
The letter, released from the Attorney General to the news outlet on Wednesday, disclosed that "Mr. Shah was observed in one case spending insufficient time analyzing a substance to determine if it was marijuana and recording an anticipated result without properly conducting the analysis."
"The letter advised prosecutors to disclose this information to defense counsel," NJ Advance Media reported.
The former technician's indiscretion in that singular marijuana case has now called into question thousands of drug cases he conducted tests for, as the one in question was only the first observed instance of his dishonesty.
As Fallon
noted, "Mr. Shah was employed with the lab from 2005 to 2015;
obviously all his 'results' have been called into question."
"In Passaic County alone, the universe of cases possibly implicated in this conduct is 2,100. The Prosecutor's Office is still in the process of identifying them. Their plan is to submit for retesting specimens from open cases," she said.
Shah's fraudulent testing, overall, may have affected 7,827 drug cases on which he worked. Fallon also indicated the Little Falls crime lab provides testing for other law enforcement agencies across the state, not just the State Police.
Fallon wrote that the Prosecutor's Office for Passaic County has not yet formulated a strategy to deal with the fallout of the falsified reports. She indicated the difficulty of identifying all the potential cases whose outcomes were influenced by the inaccurate, or downright absence, of testing:
"The larger, and unanswered, question is how this impacts already resolved cases, especially those where the specimens may have been destroyed."