“Dookhan Defendant” Heads Back Behind Bars after New Arrest

BOSTON, Oct. 16, 2013—A Lawrence man whose prison sentence was stayed last year after allegations of malfeasance against a former state chemist today had that stay revoked after his arraignment on new charges of drug trafficking, District Attorney Daniel F. Conley said.

PEDRO HERNANDEZ (D.O.B. 7/26/67) and his stepson, ELIONEL BURGOS (D.O.B. 10/18/94) of Hyde Park, were each arraigned in West Roxbury District Court yesterday on a charge of trafficking in heroin.

Assistant District Attorney Kristina Kerwin requested that bail for each defendant be set at $50,000 and that each be ordered to wear a GPS monitor – a condition that Hernandez was already subject to as a condition of his stay of sentence.  Judge Catherine Byrne set Hernandez’s bail at $10,000 and Burgos’ at $2,000.  She declined to order GPS monitoring as a condition of release for Burgos.

Hernandez was convicted in Suffolk Superior Court in 2010 of possession with intent to distribute a Class A substance and distribution of a Class A substance.  However, his five-year state prison sentence was stayed in December due to allegations of misconduct against Annie Dookhan, a former Department of Public Health chemist now under indictment for malfeasance at a Department of Public Health drug testing facility.

Prosecutors today appeared in Suffolk Superior Court and successfully petitioned a judge to revoke Hernandez’s stay of sentence in light of the new case against him.

According to prosecutors, Boston Police received information that the owner of a 1999 Toyota Corolla was driving in the Hyde Park area without a valid driver’s license.  Upon locating the vehicle on West Street near Summer Street, officers attempted to perform a motor vehicle stop.  The driver, later identified as Hernandez, slowed but did not stop and instead continued driving at a slow rate of speed as he turned onto Austin Street, prosecutors said.  The vehicle eventually stopped and officers observed Hernandez pull a black back pack from the backseat and reach inside the bag, prosecutors said.  Officers approached the vehicle and ordered both Hernandez and his passenger, Burgos, to place their hands on the dashboard.

The two acted nervously but soon complied with the order, however, prosecutors said that Hernandez then reached over Burgos, opened the passenger side door, and pushed Burgos out of the vehicle.  Police pursued and apprehended Burgos after a brief struggle during which he dropped an object from his hand, prosecutors said.  The item turned out to be four tightly bundled sticks of heroin weighing approximately 41 grams, prosecutors said.

Hernandez also fled the vehicle and was quickly apprehended, prosecutors said.

Police seized $335 in cash and cell phone from Burgos and a cell phone from Hernandez.

Hernandez allegedly made post-Miranda statements to police that the heroin belonged to him and that he gave it to Burgos and instructed him to run from police, prosecutors said.

Hernandez is represented by Robert Tobin.  Burgos is represented by William Lane.  Both men are expected to return to court on Nov. 14.


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