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Updated: Wednesday, 10 Oct 2012, 6:04 PM EDT
Published : Wednesday, 10 Oct 2012, 3:31 PM EDT
BOSTON (AP) -- A Massachusetts judge has refused to drop new drug charges against a man who once served 15 years for a murder he says he didn't commit.
Shawn Drumgold's lawyer was seeking a dismissal because a chemist accused of mishandling drug samples at a now-closed state lab may have been involved in testing evidence in the case.
The chemist, Annie Dookhan, appeared in court Wednesday but exercised her Fifth Amendment right not to testify.
Her attorney says he advised Dookhan to take the Fifth because she is facing criminal charges in the lab investigation . He says the move shouldn't been seen as an admission of guilt.
Dookhan's name appeared on some lab paperwork in Drumgold's case. The prosecutor says she was simply the notary and that two other chemists tested the suspected cocaine and heroin.
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