Greater Boston
March 9, 2021
Season 2021 Episode 35 | 28m 30sVideo has Closed Captions
Greater Boston Full Show: 03/09/21
Greater Boston Full Show: 03/09/21
Problems playing video? | Closed Captioning Feedback
Problems playing video? | Closed Captioning Feedback
Greater Boston is a local public television program presented by GBH
Greater Boston
March 9, 2021
Season 2021 Episode 35 | 28m 30sVideo has Closed Captions
Greater Boston Full Show: 03/09/21
Problems playing video? | Closed Captioning Feedback
How to Watch Greater Boston
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Learn Moreabout PBS online sponsorship>> Braude: TONIGHT ON "GREATER BOSTON," THE ELECTION LAW CHANGES REPUBLICAN OFFICIALS ARE PUSHING IN DOZENS OF STATES THAT WOULD MAKE IT FAR HARDER FOR PEOPLE OF COLOR TO VOTE, AND WHAT DEMOCRATS ARE PUSHING IN CONGRESS TO KEEP SUCH EFFORTS FROM HAPPENING.
I'LL BE JOINED BY THE CFO FOUNDER OF BLACK LIVES MATTER.
AND LATER WHAT COMES NEXT FOR STATE PROSECUTORS WHO A JUDGE SAID COMMITTED EGREGIOUS AND INTENTIONAL MISCONDUCT IN A DRUG SCANDAL THAT ULTIMATELY CHANGED MORE THAN 16,000 LIVES.
AND FINALLY, WE'RE HEAR FROM TWO OF THE LATEST VACCINE TEST SUBJECTS TAKING PART IN THE LONG-AWAITED CHILDREN'S TRIALS IN MASSACHUSETTS.
OPRAH WINFREY'S INTERVIEW HAS MADE MAJOR WAVES WITH MANY CALLING OUT THE COUPLE SHARED -- THEY RAISED CONCERNS ABOUT HOW DARK HIS SKIN MIGHT BE.
WHILE THE PRESS IN SOCIAL MEDIA WERE PRESSING THEMSELVES ON THE BACK FOR CALLING OUT THAT RACISM, HOW ABOUT WE LOOK A LITTLE HARDER AT OUR OWN COUNTRY.
OVER THE PAST FOO FEW WEEKS REPUBLICANS IN DOZENS OF STATES HAVE BEEN PUSHING HUNDREDS OF BILLS THAT WOULD IT MAKE MAKE IT HARDER FOR PEOPLE TO VOTE, AMONG THEM, GEORGIA.
IT WOULD ADD LIMITS ON EARLY VOTING AND REQUIRE I.D.s FOR ANYONE REQUESTING AN ABSENTEE BALLOT, AND IT FALLS AFTER A SURGE IN BLACK VOTERS FLIPPED THE STATE BLUE IN THE PRESIDENTIAL AND SENATE RUNOFF ELECTIONS.
AND SIMILAR CHANGES ARE BEING PROPOSED IN TEXAS, ARIZONA, PENNSYLVANIA AND BEYOND.
BUT AT THE SAME TIME, DEMOCRATS HAVE BEEN FIGHTING AT THE FEDERAL LEVEL TO PROTECT THE RIGHT TO VOTE.
ONE BILL, THE JOHN LEWIS VOTING RIGHTS ACT, WOULD REQUIRE REGULAR REVIEW OF STATE POLICIES FOR VOTING RIGHTS VIOLATIONS, INCLUDING I.D.
LAWS.
AND HR1 WOULD BAN VOTER I.D.
LAWS ALL TOGETHER, AS WELL AS EXPAND EARLY VOTING AND ESTABLISH VOTER REGISTRATION ACROSS THE COUNTRY AND CAMPAIGN FINANCE CHANGES.
BOTH PASSED THE HOUSE WITHOUT SUPPORT FROM A SINGLE REPUBLICAN AND FACED TOUGH ODDS IN THE SENATE.
I'M JOINED BY LATASHA BROWN, WITH A NON-PROFIT OF INCREASING VOTER ENGAGEMENT, WHICH IS JUST WHAT THEY DID IN GEORGIA.
GREAT TO SEE YOU.
>> THANK YOU FOR HAVING ME.
>> Braude: WE SPOKE THE DAY AFTER THE GENERAL ELECTION, BUT WE HAVEN'T SPOKEN SINCE THE SENATE RUNOFFS IN GEORGIA IN WHICH YOU WERE ACTIVELY INVOLVED IN VOTER RECRUITMENT AND WE KNOW WHAT HAPPENED.
WHAT WAS YOUR PITCH AND GEORGIA THAT WAS SO WIDELY SUCCESSFUL?
>> I THINK WHAT WE DID WAS ACTUALLY ORGANIZED VOTERS TO LET THEM KNOW, ONE, I THINK THERE WAS AN EDUCATION COMPONENT AND LET PEOPLE KNOW HOW SERIOUS THIS ELECTION WAS AND WHAT WAS AT STAKE, AND TO LET PEOPLE HAVE THE VEHICLE AND THE RESOURCES TO BE ABLE TO MOBILIZE PEOPLE AND TO REALLY HELP THEM UNDERSTAND THE FRAGILITY OF DEMOCRACY, THAT FUNDAMENTALLY IT WAS IMPORTANT FOR US, IF YOU'RE GOING TO HAVE A STRONG DEMOCRACY, IN FACT OUR COUNTRY WAS NOT ONLY UNDER ATTACK, BUT WE SAW LEGISLATION AND WE HAD A FEAR OF FASCISM, AND WHO WE WERE COMING UP AGAINST, AND WHAT KIND OF IMPACT THAT WOULD HAVE ON OUR COMMUNITY.
SO THAT'S WHAT WE ORGANIZED AROUND BECAUSE WE UNDERSTOOD WHAT WAS AT STAKE.
AND IT HAD BEEN LONG-TERM ORGANIZING, NOT JUST IN THAT ELECTION, BUT REALLY AROUND A TRANSFORMATIVE APPROACH TO LET THEM UNDERSTAND HOW IMPORTANT THEIR VOTE IS.
>> Braude: YOU'RE A WOMAN OF THE SOUTH, OF COURSE WHEN YOU'RE NOT AT HARVARD.
WHAT DID IT MEAN TO YOU WHEN RAPHAEL WARNOCK WAS ELECTED AS THE FIRST BLACK SENATOR FROM GEORGIA?
>> I REMEMBER WATCHING A VIDEO WHEN HE TALKED ABOUT HIS MOTHER, HIS 82-YEAR-OLD MOTHER, WHO WENT AND CAST HER VOTE.
SOMEONE WHO HAD PICKED COTTON HAD WENT AND VOTED FOR HER SON TO BE A U.S.
SENATOR.
YOU KNOW, THE JOY OF FEELING THAT EXPERIENCE, NOT JUST IN TERMS OF HOW HISTORIC HIM BEING IN THAT SEAT WAS, BUT ALSO WHAT IT MEANT FOR ALL OF THE FOLKS.
WHEN I THINK ABOUT ALL OF THE PEOPLE THAT WERE ON THE BRIDGE IN SELMA, ALABAMA, AND FOUGHT FOR THE RIGHT TO VOTE, AND ALSO THE IMPLICATIONS OF WHAT THAT WOULD MEAN TO OUR COMMUNITY.
WHEN WE LOOK AT COVID-19, HOW THAT HAS IMPACTED US, AND THE STIMULUS PACKAGE, AND THIS LIL NEVER BILL WOULD NEVER HAVE BEEN ABLE TO BE PASSED IF NOT FOR THE TWO SENATORS WE DELIVERED FROM THE STATE OF GEORGIA.
I THINK THERE WAS AN HISTORIC SIGNIFICANCE, AND A SIGNIFICANCE OF HIM COMING OUT OF A BLACK CHURCH, AND IT INSPIRED PEOPLE ON THAT.
BUT I ALSO THINK IT HAD IMPLICATIONS, IN TERMS OF POLICY AND MAKING SURE THERE IS REPRESENTATION FOR OUR COMMUNITY.
>> Braude: WELL, YOU'RE SURELY RIGHT THAT BECAUSE YOU WERE SO SUCCESSFUL CONGRESS IS ABOUT TO SEND TO THE PRESIDENT THE MOST DRAMATIC ANTI-POVERTY MEASURE PEOPLE BELIEVE IN DECADES, BUT ALSO BECAUSE YOU WERE SO SUCCESSFUL, AS I MENTIONED, 43 STATES ARE CONSIDERING HUNDREDS OF PIECES OF LEGISLATION CUTTING BACK ON VOTING RIGHTS PARTICULARLY TARGETED TO PEOPLE OF COLOR.
IN FACT, IOWA WAS THE FIRST STATE I BELIEVE WHERE A GOVERNOR SIGNED SUCH RESTRICTIONS RESTRICTIONS YESTERDAY.
WHAT IS YOUR REACTION TO THIS MOVE?
IT MAKES YOUR WORK A HELL OF A LOT HARDER.
>> IT IS DISAPPOINTING, EXTREMELY FRUSTRATING, BUT BEING A DOUBTER DAUGHTER OF THE SOUTH, IT IS NOT SURPRISING.
EVERY TIME WILL HAS BEEN BLACK PROGRESS, THERE HAS ALWAYS BEEN A WHITE BLACK LASH.
SO WE'VE SEEN THIS VICIOUS CYCLE.
THERE ARE PEOPLE WHO TREAT VOTING RIGHTS FOR BLACK PEOPLE LIKE THEY'RE DOING US A FAVOR, LIKE IT IS SOME TRINKET THAT WE HANG UP.
WE HAVE TO HAVE THIS CONVERSATION, AND WE HAVE TO RECOGNIZE THAT -- IT SHOULD NOT MATTER WHETHER THERE IS A REPUBLICAN OR A DEMOCRAT IN OFFICE, BUT MY RIGHT TO VOTE IS PROTECTED.
I THINK WE HAVE TO REALLY ELEVATE THIS CONVERSATION.
WE HAVE TO HOLD BOTH THE REPUBLICAN PARTY ACCOUNTABLE AND THE DEMOCRAT PARTY ACCOUNTABLE.
WE HAVE TO HAVE A DIFFERENT KIND OF MECHANISM TO STRENGTHEN CITIZENS' RIGHTS TO VOTE.
IF YOU REALLY THINK ABOUT THIS CONVERSATION, NOW WE HAVE ELECTED OFFICIALS THAT ARE DECIDING WHO THE VOTERS ARE.
WHEN, IN FACT, IT IS SUPPOSED TO BE VOTERS DECIDING WHO OUR ELECTED OFFICIALS ARE.
SO I THINK WE HAVE TO REALLY SHIFT THIS THING AROUND IN TERMS OF REALLY UNDERSTANDING THIS IS NOT A PARTISAN ISSUE; THIS IS A DEMOCRACY ISSUE.
AND ANY TIME -- WHAT IS REALLY IRONIC IS THE BILL THAT WAS PASSED IN GEORGIA THAT RESTRICTED ABSENTEE BALLOT ACCESS WAS ACTUALLY OFFERED AND PASSED AND LED BY REPUBLICANS, AND IT WAS DIRECTED AT WHITE RURAL COMMUNITIES AND WHITE RURAL VOTERS.
&AND SO THEY EXPANDED VOTING RIGHTS -- FORTUNATELY, THERE WERE BLACK VOTERS WHO LIVE IN RURAL GEORGIA, AND THEY UNDERESTIMATED THE VOTERS THAT DID NOT VOTE REPUBLICAN, AND NOW ALL OF A SUDDEN THEY DON'T NEED IT ANYMORE.
>> Braude: WHEN YOU'RE SAYING IT IS INCUMBENT ON BOTH PARTIES TO DEAL WITH THIS, WITH RESPECT IN TERMS OF CONGRESS, NOT ONE REPUBLICAN VOTED FOR HR1, AS I MENTIONED, NOW SITTING IN THE SENATE, AND VIRTUALLY NO REPUBLICANS, IF ANY AT ALL, WILL VOTE FOR THE JOHN LEWIS VOTING RIGHTS ACT.
AND UNLIKE THIS RELIEF PACKAGE, WHICH ONLY REQUIRED 50 VOTES, THEY WOULD BOTH NEED 60, WITHOUT SIGNIFICANT REPUBLICAN SUPPORT.
THESE RULINGS IN THE STATES WILL STAND.
AND IN SOME CASES IT SEEMS TO ME PRETTY INSURMOUNTABLE OBSTACLES DESPITE THE WORK THAT YOU AND YOUR COLLEAGUES DO.
>> I THINK IT IS MATTER OF IT IS CERTAINLY AN UPHILL CHALLENGE.
BUT I AM A BLACK WOMAN FROM THE SOUTH, SO PART OF THE HISTORY OF ORGANIZING HAS BEEN ON THAT BACKDROP.
BUT I DO THINK THERE IS AN OPPORTUNITY.
YOU KNOW, HERE, WHEN WE'RE LOOKING AT WHAT IS POSSIBLE, THE TRUTH OF THE MATTER IS THE SENATE -- NOT ONLY DID BLACK VOTERS AND VOTERS IN THIS COUNTRY ACTUALLY HELP FOR BIDEN BEING ELECTED AS PRESIDENT, BUT THE VOTERS OF GEORGIA GAVE HIM THE ABSOLUTE BEST CIRCUMSTANCES TO GOVERN WITH.
THEY HAVE A SLIGHT MAJORITY.
THEY HAVE ONE EXTRA VOTE.
SO THEY HAVE TO BREAK THE FILIBUSTER.
THIS CONVERSATION AROUND THAT WE'RE NOT GOING TO ELIMINATE THE FILIBUSTER -- YOU CANNOT EXPECT -- I DON'T EXPECT THERE TO BE ANY MEASURABLE MAJOR PROGRESSIVE CHANGE WITHOUT THAT.
WE KNOW WE'RE NOT GOING TO GET THE 60 VOTES THAT WE NEED.
I'M SAYING WE'RE GOING TO HAVE TO HAVE SOME BOLD, COURAGEOUS MOVES.
WHAT I DO THINK IS THAT THE SENATE DEMOCRATS ARE GOING TO BE HELD ACCOUNTABLE.
WE GAVE THEM THE BEST CIRCUMSTANCES TO GOVERN.
THEY'RE GOING TO HAVE TO ELIMINATE THE FILIBUSTER SO WE CAN ACTUALLY GET THOSE THINGS PASSED THAT WE ACTUALLY SENT THEM THERE TO PASS.
>> Braude: SPEAKING OF BOLDNESS AND COURAGE, IT WAS 56 YEARS AGO THIS PAST SUNDAY THAT BLOODY SUNDAY HAPPENED ON THAT SAME BRIDGE YOU MENTIONED, THE EDMUND PETTUS BRIDGE IN SELMA, ALABAMA.
WHAT IS YOUR REFLECTION 56 YEARS AFTER THE FACT, NATASHA?
>> I AIN'T GONNA LET NOBODY TURN ME AROUND.
♪ TURN ME AROUND ♪ ♪ TURN ME AROUND ♪ ♪ AIN'T GONNA LET NOBODY TURN ME AROUND ♪ ♪ I'M GONNA KEEP ON WALKING, KEEP ON TALKING ♪ ♪ MARCHING UP TO FREEDOM'S LAND.
♪♪ >> WHAT HAS ALWAYS MADE A DIFFERENCE IS WHEN PEOPLE RISE UP TO STAND FOR WHAT IS RIGHT.
VOTING RIGHTS ARE UNDER ATTACK.
IT IS A SHAME THAT THE WEEK THAT WE'RE CELEBRATING THE 56 ANNIVERSARY OF THE VOTING RIGHTS MOVEMENT, AND THE SELMA MARCH, THERE WERE PEOPLE THAT FOUGHT AND DIED, WHO WERE BEATEN ON THE BRIDGE, INCLUDING CONGRESSMAN JOHN LEWIS, HERE IN HIS HOME STATE OF GEORGIA, THAT WE ARE LITERALLY FACING THOSE KINDS OF BILLS TO TRY TO ROLL BACK TIME.
THE DIFFERENCE, I THINK, THOUGH, IS THAT WE HAVE PEOPLE, WHICH WE SAW LAST SUMMER, MULTI-GENERATIONAL PEOPLE WHO ARE SAYING THEY'RE TIRED AND THEY DON'T WANT TO GO BACK.
WHAT GIVES ME HOPE IS IN THIS MOMENT THAT IS AS CHALLENGING AS THIS IS, AND, QUITE FRANKLY, IT IS QUITE TIRING, IT HAS ALWAYS BEEN THE HOPE OF THE PEOPLE -- ISN'T THAT WHAT THE CONSTITUTION SAYS, "WE THE PEOPLE," NOT WE THE PARTY, BUT "WE, THE PEOPLE," SO IF WE EDUCATE AND WE CONNECT AND INSPIRE AND MOTIVATE PEOPLE THAT EVEN IN SPITE OF THE VOTER SUPPRESSION, IN SPITE OF THE REPUBLICANS' EFFORT TO TRY TO ROLL BACK, WE CAN ACTUALLY MOVE THIS COUNTRY FORWARD AND ACTUALLY BUILD A STRONGER, MORE REFLECTIVE AND INCLUSIVE DEMOCRACY.
>> Braude: AND FOR THOSE WHO DON'T KNOW, FIVE MONTHS AFTER THAT ACTION AT THE EDMUND PETTUS BRIDGE, LINDA MAINE JOHNSON SIGNED THE VOTING RIGHTS OF 1965.
NATASHA, THANK YOU SO MUCH FOR YOUR TIME.
>> THANK YOU FOR HAVING MERE.
>> Braude: WHEN DISGRACED ECONOMIST WAS ARRESTED AT U-MASS AMHERST, PROSECUTORS CHARGED HER WITH STEALING COCAINE FROM TWO CASES SHE WAS TO SUPPOSED TO TEST.
AND ANNIE DUCAN WAS CHARGED AND THAT WOULD LEAD TO 20,000 UNTURNED CASES.
AT THE TIME, THE A.G.
ARGUED THAT ON ITS FACE, THE SCOPE OF THE FARRAH CASE WAS NOTHING LIKE DUCAN'S, AND DID NOT INDICATE THE RELIABILITY OF TESTING DONE OR FAIRNESS.
YEARS AFTER FARRAH PLED GUILTY, SERVED 13 MONTHS IN PRISON AND WAS GRANTED IMMUNITY, SHE ADMITTED TO USING DRUGS FROM THE LAB EVERY DAY DURING WORK FOR YEARS, TESTIMONY THAT WAS DRAMATIZED IN A DOCU SERIES "HOW TO FIX A DRUG SCANDAL."
>> I WAS SMOKING AT THE LAB, AT HOME, AND IN THE EVIDENCE ROOM.
I WAS TOTALLY CONTROLLED BY MY ADDICTION.
>> Braude: ULTIMATELY HER MISCONDUCT LED TO THE DISMISSAL OF MORE THAN 16,000 CASES, BUT BIG QUESTIONS REMAIN ABOUT WHY THAT TOOK SO LONG AND WHAT ROLE STATE PROSECUTORS PLAYED IN THE DELAY.
O THE DAY SHE WAS ARRESTED, WORK SHEETS WERE INCLUDED IN HER CAR THAT INCLUDED DETAILS ABOUT HER DRUG USE.
BUT THE ATTORNEY GENERAL DID NOT INCLUDE THAT INFORMATION.
AND FELLOW ASSISTANT A.G. CHRIS FOSTER LATER ASSURED A JUDGE THAT THE OFFICE HAD DISCLOSED ALL THEIR EVIDENCE.
IT HAD NOT.
EVENTUALLY A DEFENSE ATTORNEY DID GET AHOLD OF THE DOCUMENTS, AND A JUDGE CALLED THE PROSECUTOR'S ACTIONS A FRAUD UPON THE COURT.
AND NOW THEY ARE UNDER INVESTIGATION BY THE STATE'S BOARD OF BAR OVERSEERS FOR THEIR ACTIONS AND FACE A RANGE OF POSSIBLE PUNISHMENTS INCLUDING DISBARMENT.
WE INVITED ALL THREE.
TWO SUBMITTED STATEMENTS.
I'M JOINED BY SENIOR LITIGATION COUNCIL, LINA MORRISON, WHO FILED THE COMPLAINT AGAINST TWO OF THE PROSECUTORS THAT TRIGGERED THAT REVIEW.
THANK YOU SO MUCH FOR BEING HERE.
>> THANKS FOR HAVING ME.
>> Braude: THE MATTERS ARE REMARKABLE, NOT ONLY BECAUSE OF THE NUMBER OF CASES, BUT THE NUMBER OF LIVES AFFECTED.
IT IS QUITE RARE FOR PROSECUTORS TO FACE ETHICAL CHARGES.
IS THIS BECAUSE THEY HAVE BROAD PRO PROFESSIONAL IMMUNITY?
IS THAT WHY WE DON'T HEAR ABOUT IT SO MUCH?
>> ONE IS THEY HAVE IMMUNITY FROM CIVIL LAWSUITS.
IF YOU GET HARMED BY BY A POLICE OFFICER, YOU CAN SUE THE POLICE DEPARTMENT OR THE INDIVIDUAL POLICE OFFICER.
BUT PROSECUTORS HAVE ABSOLUTE IMMUNITY FROM CIVIL LAWSUITS.
SO IF THEY PROVIDE TESTIMONY IN COURT OR HIDE EVIDENCE, TYPICALLY THEY CANNOT BE SUED.
BUT WHAT WE'RE SEEING NOW IN THESE CASES IS DIFFERENT.
THIS IS PERSONAL BAR DISCIPLINE.
MEANING, SHOULD THEY HAVE LICENSES TO PRACTICE LAW ANYMORE, OR SHOULD THEY BE SUSPENDED FROM PRACTICE.
AND THAT IS SOMETHING THAT PROSECUTORS DON'T HAVE IMMUNITY FROM.
IT IS JUST THAT THESE KINDS OF CASES ARE VERY RARELY BROUGHT AGAINST THEM.
>> Braude: LET'S TALK ABOUT THE INDIVIDUALS INVOLVED, STARTING WITH THE LEAD PROSECUTOR OF FARIK.
SHE IS BEING QUESTIONED BY DEFENSE ATTORNEY LUKE RYAN IN FRONT OF JUDGE RICHARD CARRIE.
THIS IS FROM 2016.
>> WE WILL ARE OFFERING DISCOVERY FOR THE DEFENDANT.
>> THE ATTORNEY GENERAL'S OFFICE.
>> AND WHAT IS THAT?
>> THERE WAS A BREAKDOWN.
>> Braude: WHAT EXACTLY DO YOU BELIEVE ARE HER ETHICAL VIOLATIONS?
>> ULTIMATELY, THIS IS A QUESTION THAT THE HEARING OFFICER THAT ALLEN ROSE IS GOING TO DECIDE.
HE HAD 21 DAYS OF TESTIMONY THIS FALL FROM MS. CASMARK HERSELF.
THE GIST OF IT IS THAT SHE HERSELF RECEIVED E-MAILS FROM A DETECTIVE, AND THAT THOSE WERE ADMISSIONS OF DRUG USE BY HER, HERSELF, AS WELL AS INFORMATION FROM THE DEDUCT DETECTIVE, THAT THERE WERE SUSPECTED CASES IN WHICH MS. FARIK HAD POSSIBLY TAKEN COCAINE OR OXYCODONE PILLS.
INCLUDING THE MENTAL HEALTH RECORDS IN WHICH SHE DOCUMENTED GOING BACK TO 2011, MORE THAN A YEAR BEFORE HER ARREST, HER USE OF DRUGS ON THE JOB.
AND ANN, HAVING PERSONALLY RECEIVED THOSE, HAD A LEGAL AND ETHICAL OBLIGATION TO TURN THOSE OVER.
EVEN WHEN SHE WAS PERSONALLY SUBPOENAED BY SHE DIDN'T DO SO.
HER DEFENSE SEEMED TO BE THAT WASN'T HER JOB, AND THAT'S A QUESTION THE HEARING OFFICER IS GOING TO DECIDE.
BUT ONE JUDGE AND THE HIGH COURT IN MASSACHUSETTS HAVE ALREADY SAID THEY DID NOT FIND THAT CREDIBLE AND THEY THOUGHT THAT WAS HER JOB.
>> Braude: WE DID REQUEST HER PRESENCE.
WE GOT NEITHER THAT NOR A STATEMENT FROM HER.
LET'S MOVE TO CHRIS FOSTERS, ANOTHER ASSISTANT ATTORNEY GENERAL ON THE CASE.
SHE ASSURED THE COURT THAT EVERYTHING WAS TURNED OVER, AND SHE SAID SHE MADE THE REPRESENTATION THAT THE COLLEAGUE HAD TOLD HER IT ALL HAD BEEN TURNED OVER.
HERE IS A LITTLE FROM HER BEING QUESTIONED BY LUKE RYAN IN NETFLIX'S "HOW TO FIX A DRUG SCANDAL."
>> SITTING HERE TODAY, DO YOU BELIEVE THAT EVERYTHING HAS BEEN TURNED OVER, AS YOU TOLD JUDGE KINDER BACK IN SEPTEMBER OF 2013?
>> I CAN'T SAY EITHER WAY.
TO DATE, I HAVEN'T SEEN ANY OF THE DOCUMENTS IN THIS MATTER.
I HAVE NOT REVIEWED ONE DOCUMENT IN THIS FRAUD CASE.
>> Braude: I HAVE NOT REVIEWED ONE DOCUMENT IN THE FARIK CASE.
IT SOUNDS TO ME LIKE HER DEFENSE WAS, I'M A JUNIOR LAWYER HERE, AND I ESSENTIALLY DO WHAT I'M TOLD.
AND I BELIEVE SHE SAID SOMETHING LIKE I DON'T CHALLENGE MY SUPERVISOR.
WHAT IS HER VIOLATION, IN YOUR ESTIMATION?
>> SO IT IS OUR VIEW, AND THE VIEW OF THE BOARD OF OUR OVER OVERSEERS IS SHE HAD A LEGAL AND ETHICAL OBLIGATION TO ASK QUESTIONS, BEFORE SHE WENT AND TOLD A JUDGE AT A HEARING THAT POTENTIALLY AFFECTED THOUSANDS OF LIVES, THAT EVERYTHING HAD BEEN TURNED OVER.
HER DEFENSE IS THAT SHE RELIED ON HER SUPERVISORS.
WE BELIEVE SHE HAD AN OBLIGATION TO LOOK AT THE FILE HERSELF, OR AT LEAST TO ASK QUESTIONS, WHAT WAS TURNED OVER?
WHEN?
WHO WAS IT TURNED OVER TO?
THIS IS THE KIND OF THING I WOULD EXPECT MY LAW STUDENTS TO DO, OR FIRST YEAR LAW STUDENT.
SHE WASN'T NEW TO PROSECUTION.
SHE HAD BEEN HANDLING MURDER CASES ON APPEAL FOR YEARS.
SHE KNEW HER WAY AROUND A COURTROOM.
IT MAY BE THAT SHE SAID SHE SHOULDN'T BE CHALLENGING HER SUPERIORS.
BUT OUR SYSTEM REALLY DEPENDS ON PROSECUTORS AT ALL LEVELS OF THE JUSTICE SYSTEM BEING WILLING TO ASK HARD QUESTIONS TO MAKE SURE THAT JUSTICE IS DONE.
THAT IS ONE OF THE THINGS I PERSONALLY TOOK AWAY FROM HER TESTIMONY AS BEING SO TROUBLING.
SHE THOUGHT SHE WAS DOING ENOUGH BY NOT ASKING ANY QUESTIONS.
>> Braude: SHE DID SEND A STATEMENT TO US, LESS ABOUT HER CASE AND MORE ABOUT YOU, I GUESS.
HERE IS AN EXCERPT.
THE INNOCENCE PROJECT IS FOUNDED ON THE FACT THAT PEOPLE ARE OFTEN ACCUSED OF THINGS THEY DIDN'T ACTUALLY DO.
CHRIS FOSTER IS ONE OF THOSE PEOPLE.
THE INNOCENCE PROJECT'S REFUSAL TO EVEN CONSIDER THAT MS. FOSTER IS ONE OF THOSE PEOPLE IS CALCULATED.
IN NO OTHER CASE HAS THE INNOCENCE PROJECT DECLARED A PERSON GUILTY WHILE THE JURY WAS STILL DELIBERATING.
WHAT IS YOUR BRIEF SPONSE TORESPONSE TO THAT?
>> I HAVE HEARD THIS TYPE OF THING ANY TIME I OR MY COLLEAGUES HAVE ACCUSED ANY OFFICIALS, ESPECIALLY A PROSECUTORS, OF MISCONDUCT.
THERE IS A BIG DIFFERENCE BETWEEN SOMEBODY ACCUSED OF A CRIME AND WAITING FOR THE JURY TO HEAR THE EVIDENCE, AND A PUBLIC OFFICIAL WHO HAS ALREADY GIVEN TESTIMONY UNDER OATH AND FOUND BY A COURT OF HAVING COMMITTED EGREGIOUS MISCONDUCT.
WE RECEIVE DOZENS OF CASES EVERY YEAR WHERE PEOPLE COME TO US, WANTING US TO WEIGH IN ON MISCONDUCT, AND WE CHOOSE THEM VERY CAREFULLY.
THIS IS ONE WE DID BASED ON THE FACTS AND THE EVIDENCE.
AND THIS IS SOMETHING THAT AFFECTS PROSECUTION DAY IN AND DAY OUT.
WE THINK WE HAVE AN OBLIGATION TO CALL ATTENTION TO THE MISCONDUCT WHILE IT IS HAPPENING.
THIS DISCIPLINARY PROCEEDING HAS TAKEN ALMOST FOUR YEARS.
MEANTIME, THERE ARE PROSECUTORS ALL OVER THE COUNTRY WHO MAY BE TEMPTED TO DO WHAT MS. FOSTER DID, AND SAY I'M JUST GOING TO RELY ON WHAT OTHER PEOPLE TELL ME, AND THAT'S JUST A RECIPE FOR A WRONGFUL CONVICTION.
WE REALLY THINK WE HAD AN OBLIGATION TO SPEAK ABOUT IT.
MR. ROSE AND THE D.E.O.
WILL HAVE TO DECIDE IF SHE KEEPS HER LAW LICENSE OR NOT.
BUT I THINK WHAT SHE TESTIFIED TO SPEAKS FOR ITSELF IN A LOT OF WAYS.
>> Braude: FINALLY, THE SUPERVISOR OF THE HEAD OF THE CRIMINAL DIVISION, YOU DOESN'T FILE A COMPLAINT AGAINST HIM.
IT EXPANDED TO INCLUDE HIM.
HIS RESPONSE ESSENTIALLY IS, I DON'T MICROMANAGE.
I ASSUME WHEN MY PEOPLE SAID THEY TURNED OVER DOCUMENTS, THEY TURNED THEM OVER.
HIS STATEMENT FROM HIS LAWYERS ESSENTIALLY SAID HE HAS BEEN A PROSECUTOR FOR 20 YEARS, HIGHLY RESPECTED, ETC.
BASED ON WATCHING THESE WEEKS OF HEARINGS, WHAT IS YOUR REACTION TO HIS DEFENSE?
>> I'M MORE COMFORTABLE DESCRIBING WHAT IT WAS THE CASE THAT WAS PRESENTED BY THE B.B.
O., SINCE THIS IS NOT PART OF THE COMPLAINT WE FILED.
I DID NOTICE IN THE HEARING THERE WERE A NUMBER OF MEETINGS, E-MAILS, WRITTEN CORRESPONDENTS, THAT MR. VERNER WAS COPIED ON, THAT I THINK THE B.B.
O.
MADE A STRONG CASE, TO ENSURE THAT THE PEOPLE WORKING FOR HIM DID WHAT THEY WERE SUPPOSED TO DO.
AND HE WAS THE CO-COUNSEL AND AS A RESULT TOOK ON MANY OF THE OBLIGATIONS THAT PEOPLE DO, BOTH AS A LAWYER AND A SUPERVISOR.
AND IT WAS HIS JOB TO FIND OUT AND MAKE SURE THAT THEY WERE DISCLOSED.
>> Braude: I ONLY HAVE ABOUT 30, 45 SECONDS LEFT.
DID YOU FILE THIS BECAUSE YOU BELIEVE PUNISHMENT, OR AT LEAST AN INVESTIGATION AND POSSIBLE PUNISHMENT AGAINST TWO OF THESE PROSECUTORS WAS APPROPRIATE, OR BECAUSE YOU WANTED TO SEND A MESSAGE BEYOND THE WALLS OF THESE THOUSANDS OF CASES TO OTHER PROSECUTORS WHO YOU THINK MAY BE CROSSING LINES?
WHICH WAS IT?
>> SO IT WAS A LITTLE OF BOTH.
WE WOULD NEVER PLAY WITH PEOPLE'S LIVES OFFICER ASK FOR ACCOUNTABILITY TO SEND A MESSAGE TO OTHER PEOPLE IF WE DIDN'T BELIEVE THERE WAS EVIDENCE-BASED REASONS TO HOLD INDIVIDUALS ACCOUNTABLE.
IN PART BECAUSE OF THE ATTENTION THESE CASES HAVE RECEIVED, AND IN PART BECAUSE OF THE 24,000 DRUG CASES THAT HAVE BEEN AFFECTED BY THEM, WHAT THE B.B.B.B.
B.B.
O., AND ULTNATALIE IT IS GOING TOULTIMATELY,IT WILL BE UP TO THE BBO WHAT TO DO.
>> Braude: THANK YOU FOR YOUR TIME.
WE TALK A LOT ABOUT TRYING TO REACH HERD IMMUNITY, EVEN IF WE MANAGED TO VACCINATE EVERY ADULT, STILL A QUARTER OF THE POPULATION WILL NOT BE AFFECTED BECAUSE IT IS NOT APPROVED FOR KIDS.
BUT AS LIZ NEISLOSS REPORTS -- >> THE BAND-AID IS A BADGE OF HONOR FOR THESE YOUNG SISTERS.
THIS 15-YEAR-OLD AND 12-YEAR-OLD.
THEY'RE HELPING ANSWER THE CRITICAL QUESTION: IS THE COVID VACCINE SAFE FOR CHILDREN?
>> WITH THE PANDEMIC, A LOT OF THINGS FEEL OUT OF YOUR CONTROL.
TO BE PART OF THAT PROCESS OF MAKING THE VACCINE AVAILABLE FOR KIDS WAS PRETTY COOL.
>> IT WAS PRETTY EXCITING TO ENTER THE TRIAL BECAUSE I FELT LIKE I WAS DOING SOMETHING, OR CONTRIBUTING.
>> Reporter: THEY'RE AMONG 70,000 CHILDREN PARTICIPATING IN THE VACCINE FOR AGES 12 TO 18.
THE C.D.C.
CALLS FATAL CASES RARE, BUT CASES CAN BE SEVERE.
THIS DOCTOR OVERSEES THE TRIALS TAKING PLACE AT U-MASS MEDICAL SCHOOL IN WORCESTER.
>> TEENS ARE AN INCREDIBLY IMPORTANT PART OF FAMILIES.
THEY'RE OFTEN OUT IN THE WORKFORCE.
THEY'RE AT SCHOOL.
SO IT IS REALLY IMPORTANT FOR TEENS TO BE VACCINATED.
>> AS WE ANY TRIAL, CHILDREN MUST BE TOLD THE RISKS AND BENEFITS AND WHAT THEY'LL NEED TO DO.
BUT WHEN IT COMES TO TRIALS WITH CHILDREN, RESEARCHERS NEED TO MAKE SURE THEY'RE REALLY COMMITTED AND NOT BEING PRESSURED TO JOIN.
>> I'M JUST AMAZED THAT WITH THE TEENS THAT HAVE STEPPED UP TO PARTICIPATE IN THIS STUDY.
THERE IS A LARGE ULTRUWISTIC POSITION.
>> Reporter: THEIR MOM SAID SHE FELT VERY SAFE HAVING HER KIDS PARTICIPATE.
>> I WAS DEFINITELY EAGER TO SIGN THEM UP, BUT WANTED TO CHECK IN WITH THEM THAT THEY WERE AGREEABLE AND THEY WANTED TO DO IT.
>> AS WE PRIOR COVID VACCINE TRIALS, THE GIRLS DON'T KNOW IF THEY GOT THE ACTUAL VACCINE OR A PLACEBO.
ESME SAYS IT IS A BIG TOPIC AT HOME.
>> BOTH OF OUR ARMS GOT REALLY SORE.
MINE IS NOT SORE ANYMORE.
I WAS HOPING THAT WAS BECAUSE I GOT THE VACCINE.
BUT, OF COURSE, THAT HAPPENS EVEN IF YOU GET THE PLACEBO.
>> I'M HOPEFUL THAT MY KIDS ACTUALLY GOT THE REAL DOSE, OF COURSE.
BUT I REALLY HOPE ALL KIDS CAN GET THE DOSE AND CAN REALLY HAVE THEIR CHILDHOODS AND LIVE THEIR LIVES MORE FORMERLY AGAIN.
>> AND WITH TRIALS UNDER WAY, THAT HOPE OF GETTING CHILDREN COVID VACCINES MAY BE ONE STEP CLOSER.
LIZ NEISLOSS, GBH NEWS.
>> Braude: AS WITH THE ADULT TRIALS, IT IS EXPECTED IF THERE IS ENOUGH EARLY POSITIVE DATA, THE VACCINE FOR TEENS COULD COME BY NEXT SUMMER.
NEXT TESTING WILL MOVE TO CHILDREN UNDER 12 AND AS YOUNG AS 6 MONTHS.
THAT'S IT FOR TONIGHT.
PLEASE COME BACK TOMORROW FOR A SPECIAL EDITION OF "GREATER BOSTON."
PART OF OUR NEWSROOM WIDE REFLECTION ON A YEAR PART, AND HOW COVID CHANGED IT.
WE'LL CHECK IN WITH DR. SANDRA GALEA, A YEAR AFTER THE DAY HE FIRST JOINED US.
AND WE'LL HEAR FROM COVID SURVIVOR ROBERT LEWIS, JR., AND THE MAN BEHIND THE FACES OF COVID PROJECTS WHICH HONORS THE LIEFSZ OFLIVES OF THOSE WHO DIED.
AS ALWAYS, THANKS FOR WATCHING.
PLEASE STAY SAFE.
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