Evan Allen: GLOBE STAFF APRIL 23, 2015
The Massachusetts Bar Association called Thursday for an independent investigation into the reliability of breathalyzer tests used to prosecute people suspected of drunken driving and urged a moratorium on introducing the tests as evidence until concerns are resolved.
Martin W. Healy, chief legal counsel for the association, said the state attorney general should appoint an investigator without ties to law enforcement to lead the inquiry.
The call from the state’s leading confederation of attorneys emerged as prosecutors, defense attorneys, and the State Police scoured case files for evidence that breathalyzer readings were improperly calibrated. The tests can play an important role in prosecutions, often persuading motorists who have been observed driving erratically to plead guilty, defense attorneys said.
“Drunk driving is a very serious issue in Massachusetts, and the Mass. Bar Association recognizes that,” Healy said. “But people’s constitutional rights are also important. We don’t want to see people convicted and taking plea agreements based on faulty evidence.”
State Police have already opened a review of the concerns regarding breathalyzer results, with results expected next week. Agency spokesman David Procopio said State Police believe officers might have accepted test results from breathalyzer machines that were not properly calibrated, although the review will determine whether that is what really happened.
Meantime, a growing roster of prosecutors have decided to suspend use of the breathalyzer test results as evidence. The Essex district attorney was notified in mid-March by State Police about a possible issue with breathalyzers.
On Thursday, district attorneys in Suffolk, Worcester, Norfolk, and Plymouth counties, as well as the Northwestern district attorney, announced they were suspending use of the results. They joined DAs in Middlesex and Essex counties and the Cape and Islands who had already announced halts.
Berkshire District Attorney David F. Capeless said his office was not suspending use of breathalyzer results.
His prosecutors are doing their own review of cases but felt comfortable that they know which results were compromised.
“We’re doing it on a case-by-case basis,” he said.
Representatives from other DA offices in Massachusetts did not respond to requests for comment.
A spokesman for the Massachusetts Executive Office of Public Safety said Wednesday that he was unable to confirm how many cases might be affected.
An official with knowledge of the review said authorities believe the number to be about 69, out of roughly 6,000 tests performed statewide.
Healy, of the state Bar Association, said the call for an independent investigation was not meant to impugn the State Police investigation but to add an extra layer of scrutiny.
“Some in the defense community would question the findings of a police department or police agency regarding the very device that they use to prosecute and convict individuals for drunk driving,” he said.
continued: https://www.bostonglobe.com/metro/2...zer-results/y0B32JkZ04ubwyKLdakajJ/story.html
side note:
The Massachusetts Bar Association called Thursday for an independent investigation into the reliability of breathalyzer tests used to prosecute people suspected of drunken driving and urged a moratorium on introducing the tests as evidence until concerns are resolved.
Martin W. Healy, chief legal counsel for the association, said the state attorney general should appoint an investigator without ties to law enforcement to lead the inquiry.
The call from the state’s leading confederation of attorneys emerged as prosecutors, defense attorneys, and the State Police scoured case files for evidence that breathalyzer readings were improperly calibrated. The tests can play an important role in prosecutions, often persuading motorists who have been observed driving erratically to plead guilty, defense attorneys said.
“Drunk driving is a very serious issue in Massachusetts, and the Mass. Bar Association recognizes that,” Healy said. “But people’s constitutional rights are also important. We don’t want to see people convicted and taking plea agreements based on faulty evidence.”
State Police have already opened a review of the concerns regarding breathalyzer results, with results expected next week. Agency spokesman David Procopio said State Police believe officers might have accepted test results from breathalyzer machines that were not properly calibrated, although the review will determine whether that is what really happened.
Meantime, a growing roster of prosecutors have decided to suspend use of the breathalyzer test results as evidence. The Essex district attorney was notified in mid-March by State Police about a possible issue with breathalyzers.
On Thursday, district attorneys in Suffolk, Worcester, Norfolk, and Plymouth counties, as well as the Northwestern district attorney, announced they were suspending use of the results. They joined DAs in Middlesex and Essex counties and the Cape and Islands who had already announced halts.
Berkshire District Attorney David F. Capeless said his office was not suspending use of breathalyzer results.
His prosecutors are doing their own review of cases but felt comfortable that they know which results were compromised.
“We’re doing it on a case-by-case basis,” he said.
Representatives from other DA offices in Massachusetts did not respond to requests for comment.
A spokesman for the Massachusetts Executive Office of Public Safety said Wednesday that he was unable to confirm how many cases might be affected.
An official with knowledge of the review said authorities believe the number to be about 69, out of roughly 6,000 tests performed statewide.
Healy, of the state Bar Association, said the call for an independent investigation was not meant to impugn the State Police investigation but to add an extra layer of scrutiny.
“Some in the defense community would question the findings of a police department or police agency regarding the very device that they use to prosecute and convict individuals for drunk driving,” he said.
continued: https://www.bostonglobe.com/metro/2...zer-results/y0B32JkZ04ubwyKLdakajJ/story.html
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