Nassau courts right to retest evidence

The first reversal of a conviction stemming from the Nassau County Police Department's failed crime laboratory is only the start of what must be a methodical review of thousands of criminal cases tainted by the improper testing and handling of evidence.

This process must be comprehensive, impartial and scrupulous for the defendants, the victims and the public. There is no wholesale solution that can make this nightmare go away quickly.

District Attorney Kathleen Rice has correctly expanded the re-examination of drug samples used as evidence to three years' worth of felony prosecutions, as many as 3,000 cases. And after a preliminary review raised alarm about the quality of blood-alcohol testing as well, Rice has asked an independent expert to review 1,000 drunken driving cases going back to 2006.

Beyond that, the district attorney has made it a priority to notify 368 individuals who may presently be incarcerated in upstate prisons as well as 51 others who are doing time locally. Each will be sent a letter informing him or her of the lab controversy and advising those who need public defenders to contact the Nassau County Bar Association and Legal Aid offices for assistance. For defendants who can't afford an attorney to represent them, the county is required to pay.

In the courts, Administrative Judge Anthony Marano has assigned one judge to preside over indictments and motions in pending drug cases. This allows the development of expertise in the forensic retesting methods and, most significantly, should result in consistent outcomes.

Defendants seeking to reopen their cases will be assigned to the county judges who originally presided over the cases. These reviews don't necessarily mean all convictions will be overturned, because in many instances there was other evidence supporting the conviction.

All these procedures meet the issues we know about now. The problem is that we don't yet know everything. Depending on the results of state Inspector General Ellen Biben's investigation of the police lab, Nassau's nightmare could get worse. If the probe finds the police intentionally allowed compromised evidence to be used, not only are many more convictions jeopardized, but the county also could be liable for monetary damages.

This renewed pursuit of justice is a challenge for a judicial system already straining from the consequences of a down economy. Eight years ago, Nassau's courts handled 45 foreclosure cases that went to auction; right now there are 10,300 such foreclosures on the docket.

This will be an expensive, disruptive and disheartening time, all caused by a failure of management in the police department. Due process for the defendants and the public, however, mandates that it must be done to restore the integrity of the justice system.