Misconduct Taints 27,000 Mass. Criminal Cases Involving Breath Tests, Court Rules

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The Supreme Judicial Court's ruling referred to misconduct uncovered in the Annie Dookhan case, a major drug testing scandal that has rocked the state crime lab for years

Citing"extensive" misconduct at the Massachusetts State Police Office of Alcohol Testing, the state's top court is allowing about 27,000 people to appeal for new trials if criminal cases against them involved a particular kind of breathalyzer device.applies to people who had breath tests taken with the Alcotest 9510 between June 1, 2011, and April 18, 2019, the Supreme Judicial Court said.

NBC10 Boston has reached out to the state crime lab. Many of the state's district attorneys told NBC10 Boston they were already working to accommodate requests for new trials that involved the breathalyzer devices in question.Sign up for NECN newsletters. But she later moved to rescind her guilty plea after the tests were found to be unreliable and allegations that the Office of Alcohol Testing had a history of misconduct were uncovered in a state report that Gaziano wrote"highlights OAT's disturbing pattern of intentionally withholding exculpatory evidence year after year, dating back at least as early as June 2011."

"The broad scope and nature of these violations of court orders undermined the criminal justice system in the Commonwealth, compromised thousands of prosecutions for OUI offenses, and potentially resulted in inaccurate convictions," Gaziano wrote, adding,"the conclusion that OAT's behavior was egregiously impermissible is 'inescapable.'", a major drug testing scandal that has rocked the state crime lab for years.

 

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