New York City Dwi Dui Attorney Condemns Recent Report On Ny State Police Lab Fraud

Dec. 19, 2009 - PRLog -- The analyst’s training was so substandard that at one point last year, investigators discovered he could not properly operate a microscope essential to performing his job, the report released on Thursday said.

And when the State Police became aware of the analyst’s misconduct, an internal review by superiors in the Albany lab deliberately omitted information implicating other analysts and suggesting systemic problems with the way evidence was handled, the report said. Instead, the review focused blame mostly on the analyst, Garry Veeder, who committed suicide in May 2008 during the internal inquiry.

“Cutting corners in a crime lab is serious and intolerable,” said the state’s inspector general, Joseph Fisch. “Forensic laboratories must adhere to the highest standards of competence, independence and integrity. Anything less undermines public confidence in our criminal justice system.”

New York City DWI DUI defense attorney Michael S. Discioarro is not surprised. " I have been screaming about these faulty breathalyzer machines for years. I actually have reports that says these machines have been taken out of service and prosecutors are still using them as evidence." Mr. Discioarro goes on to say " You have to realize that prosecutors do not have a lot of time to devote to each case, so they take the easiest way out. If a lab tech says the guy is guilty, no prosecutor will look behind that statement."

The admission by the state police can open up thousands of cases of those convicted by fraudulent evidence. "I still don't understand why no one has been arrested in this investigation yet. This is another case of police protecting their own. The Supreme Court was right."

Mr. Discioarro is referring to a recent US Supreme Court decision which held that forensic reports used for prosecution must be introduced with the live testimony of the actual analyst that wrote it. In that case, it was a lab concerning wether a powder was cocaine. It appears that the state has violated its trust to its citizens. No one wins except the prosecutor when an innocent man goes to jail. Most prosecutors are poorly paid and are looking to establish a good trial record that they can then present to a private employer. The actual guilt or innocence of the accused is of little concern to them.

Mr. Discioarro believes that the breathalyzer machines used to prosecute DWI DUI cases are fraudulent. " Why was is that a few years ago a .10 blow was drunk but now a .08 blow means your drunk. This is all a political game that prosecutors play with the public to make pretend they are protecting them."

Mr. Discioarro goes on to say he has had numerous clients that blew really high on the machine and are completely sober on video tape when taking coordination tests. It is also a tragedy that the tech at the center of the storm, Mr. Gary Veeder committed suicide.

The report named a number of lab supervisors at the time — including the director, Gerald Zeosky, and assistant director Richard Nuzzo — and describes them as unfazed by the inquiry and dismissive of Mr. Veeder’s broader claims. Mr. Zeosky remains in charge of the lab. Mr. Nuzzo was promoted and given a new job in the internal affairs division, but police officials said he would have had no involvement in the investigation of the lab.

Another section of the report stated that Mr. Nuzzo was also found to have intimidated a lab technician who was working on a case unrelated to Mr. Veeder. This is exactly the sort of political pressure Mr. Discioarro discussed above. This is fraud at its most dangerous.

Mr. Discioarro's firm can be reached at http://www.dwimanhattan.com http://dwibrooklyn.com
http://www.dwibronx.com http://newyorkcitydwi.com and http://www.msdlawfirm.com or by calling 917-519-8417 for immediate help.

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New York City DWI DUI defense lawyer who is a former prosecutor defending those accused of DWI DUI in Manhattan. The Bronx, Staten Island, Queens, and Brooklyn. Get your car back, get your license back, get your case dismissed.