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Breathalyzer tests
"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.
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"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).
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"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.
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SJC decision on employment
law
"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.
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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).