Notable & Quotable: MBA members in the media

Thursday, Apr. 30, 2015

Notable & Quotable

------------------------------------------------------------------------------

Breathalyzer tests

Healy for Notable

"We want to make sure that everyone has a fair trial and a trial that's based on scientifically proven evidence. And in this case, we don't have that."

MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy, Boston Globe, April 28

Healy was quoted in the Globe in a story about the Executive Office of Public Safety's announcement that flawed breath test results were based on "operator error" calibrating Breathalyzer machines and not an error with the machines themselves. The MBA issued a statement and sent a letter to Attorney General Maura Healey asking for the appointment of an independent investigator outside of law enforcement to conduct an investigation. Other coverage included: Boston Herald, WBUR, State House News, Lowell Sun and the Worcester Telegram & Gazette.

------------------------------------------------------------------------------

Marsha

"So you're being convicted based on a number that's produced by a machine. Well don't you want to be darn sure that number is right and the way you got to that number is pristine? I would."

MBA President Marsha V. Kazarosian, FOX25, April 28

In addition to the segment on April 28 (linked above), FOX 25 interviewed Kazarosian about the flawed Breathalyzer test results on April 24. Kazarosian also spoke to WBZ NewsRadio 1030 (April 24), the Eagle Tribune (April 25) and the Salem News (April 23).

------------------------------------------------------------------------------

Elikann

"When you have this kind of questionable evidence, I think retrials are going to be inevitable in a number of these cases. Especially in cases where defendants plead guilty when faced with Breathalyzer evidence."

MBA Criminal Justice Section Vice Chair Peter Elikann, Salem News, April 23

Elikann was quoted in a story produced by Community Newspaper Holdings, Inc. (CNHI), which ran in the Salem News as well as many other CNHI daily newspapers across the U.S.

------------------------------------------------------------------------------

SJC decision on employment law

Tocci

"Before this decision, Prong 2 was pretty much the death knell of the possibility of having independent contractors work for you. And what the SJC is saying is 'not so fast, it really deserves much more analysis and it really deserves a common sense approach on a case-by-case and industry by industry basis.' "

MBA Labor & Employment Law Section Chair John F. Tocci, Bloomberg BNA Daily Labor Report, April 29

Tocci provided his insight into the recent Supreme Judicial Court decision (Sebago v. Boston Cab Dispatch), which found that certain Boston taxicab drivers are not employees of taxicab owners and should remain classified as independent contractors.

------------------------------------------------------------------------------

Of note:

  • MBA members Susan A Mielnikowski and Michael S. Gove were featured in the monthly legal Q&A column in the The Republican/MassLive.com. ("Ask the Experts: Wary charity might not accept donation of unsellable timeshare" - April 29).