Michigan Attorney General Dana Nessel filed felony charges Thursday against two breathalyzer technicians for falsifying maintenance records on equipment.
David John, 59, of Kalamazoo, and Andrew Clark, 53, of Oxford, were charged with conducting diagnostic tests, maintenance and repairs on all breath alcohol testing instruments for the Lower Peninsula, Nessel’s office said. They and one other technician worked for Intoximeters Inc., a maintenance contractor for the Michigan State Police, since September 2018, according to the attorney general’s office.
Clark faces six felony counts total, including two for forgery of a public record, two for publishing false material and two for using a computer to commit the crime, Nessel’s office said. He could be looking at up to 14 years in prison. John faces the same charges, with an additional count of each, or nine felonies total. He also faces a maximum 14-year sentence.
Both men were required to physically visit more than 200 testing sites every 120 days to conduct diagnostic verifications, calibrations and repairs, Nessel’s office said. MSP discovered discrepancies in the reports that John and Clark submitted in January 2020, leading to an investigation.
Investigators allege John and Clark fabricated documents showing they completed maintenance on two faulty instruments, one with the Beverly Hills Police Department and the other with the Alpena County Sheriff’s Office. State police temporarily removed all breathalyzers from Intoximeters from service to allow for an internal review of the instruments’ diagnostics, the attorney general’s office said.
“The MSP promptly began working with the Attorney General’s Public Integrity Unit, continuing to demonstrate a steadfast belief that public trust and accountability are essential in government,” Nessel’s office said in a news release. “The combined efforts of the MSP Breath Alcohol Program, MSP Fraud Investigation Section and the Attorney General’s Public Integrity Unit have culminated in the charges announced today.”
After four months of investigation, Nessel’s office filed the felony charges against John and Clark.
“Those who hold positions of trust and responsibility at any level within our overall system of justice must be held to a high standard. When that trust is betrayed, it is incumbent upon my department to ensure accountability on behalf of the people of our state.” Nessel said in the release. “I’m grateful for the Michigan State Police’s assistance in this investigation, and I know that the MSP and my Public Integrity Unit have handled this matter appropriately and in the public’s best interest.”
Breathalyzer maintenance has been performed within the 120-day paramaters by certified MSP staff since a week after the discrepancies were discovered, the attorney general’s office said. The state police contract with Intoximeter’s Inc. was terminated April 9.
“From the time we first uncovered discrepancies, the MSP was committed to conducting a complete and thorough investigation, and to being as transparent as possible regarding the outcomes of this situation,” said Michigan State Police Director Col. Joe Gasper in the release. “We recognize the critical role these instruments can play in drunk driving convictions and we are confident that a properly calibrated and maintained DataMaster remains an extremely reliable instrument.”
https://www.mlive.com/public-interest/2020/05/attorney-general-charges-two-michigan-breathalyzer-technicians-for-faking-maintenance-records.html