The latest hearing regarding the Massachusetts defense bar’s challenge to the Dräger 9510 breath test machine was held by Judge Brennan in Concord on Thursday, February 15, 2018.
At that hearing, both Brennan and the defense bar, represented by Joseph Bernard, expressed their dismay that discovery previously withheld by the government continued to trickle out or had even been lost “due to dysfunction at the OAT [Office of Alcohol Testing].”
The government pressed Brennan for a schedule that would give it more time to consolidate a list of evidence it has produced to this point and anything additional it will turn over in the future. Defense responded that it thought, “today was the day” when everyone would report to the court that discovery was complete but had recently been surprised to learn of “database issues” reported by the government, leading to the release of even more previously undisclosed discovery.
In the end, Brennan allowed a tentative schedule permitting the government some time to identify and produce more discovery. A hearing regarding any outstanding discovery issues in dispute has been scheduled for March 26 in Concord. A final hearing regarding the status of the Dräger machines and any sanctions imposed on the government for its failure to produce court-ordered discovery has been scheduled for August 1.