Working with Secretary Daniel Bennett of the Executive Office of
Public Safety and Security (EOPSS), Massachusetts Bar Association
President-elect Robert W. Harnais secured records related to cases
where an alcohol breath test device was involved.
An earlier EOPSS review of the Draeger 9150 cases found
approximately 150 instances of invalid results due to "operator
error." The MBA will now be able to review the same information
about potentially faulty drunk driving tests, which has also been
provided to district attorneys and the Committee for Public Counsel
Services (CPCS), the state public defender's office.
"While the number of cases impacted by improper use or
calibration of the Draeger 9150 appears to be limited, both
Secretary Bennett and I agree that any miscarriage of justice is
unacceptable and that lawyers should also have the opportunity to
review these records in order to determine exactly which cases may
have been tainted by error," said Harnais.
"The Massachusetts Bar Association has a long-standing
commitment to ensuring fairness in our criminal justice system,"
Harnais continued. "We appreciate Secretary Bennett's willingness
to work with the bar to help make sure drunk-driving convictions in
the commonwealth are based on accurate and reliable
information."
In May, after concerns about accuracy of the machines, several
district attorneys suspended use of the breath tests. Following
calls from the MBA for more transparency, Secretary Bennett met
with Harnais to address the bar's concerns and agreed to give
defense attorneys, via the district attorneys, access to the same
information and data previously shared with the district attorneys.
Harnais said: "The release of this information makes unnecessary
the need for any additional review by the Attorney General's
Office, but we are grateful for Attorney General Maura Healey's
work with the MBA and her continued commitment to fairness and
transparency in the criminal justice system."
Materials are available at www.massbar.org/breathtestdocs. Defense lawyers
with concerns or questions about particular cases should contact
CPCS.