POLICE INVESTIGATING SHOOTING
Chelsea police responded to the rear of 855 Broadway on Sunday, April 26, at 8:57 PM following a report of a gunshot victim. Officers found a male sitting on the sidewalk with a gunshot wound to his right thigh. According to the victim’s account, he was shot during an attack by two males he was unable to identify, which occurred in connection with an attempted robbery.
Massachusetts General Hospital received the victim for treatment of injuries that were not considered life-threatening. The case remains under active investigation by Chelsea Detectives, who view it as an isolated incident given the victim’s limited cooperation. Anyone with information is encouraged to contact the Chelsea Police case detective at 617-466-4826.
BREATHALYZER TESTS CHECK OUT OK
The Massachusetts Executive Office of Public Safety and Security completed a review of roughly 39,000 breath test results and determined that breath test instruments operating throughout the Commonwealth are functioning properly.
Concerns were raised last week by several District Attorney offices across multiple counties in the state, including Suffolk County DA Dan Conley.
A small number of breath test results were identified as invalid due to operator error under Massachusetts regulations, which are stricter than manufacturer specifications. The instruments themselves were not malfunctioning.
“Motor vehicle operators and the law enforcement community must have faith that breath tests are accurate and reliable, and we have taken the steps necessary to make sure that is the case,” stated Secretary Daniel Bennett.
Massachusetts regulations mandate that operators validate tests within a calibration range of .074 to .086, a standard more rigorous than the Draeger 9510 manufacturer’s specifications. The Draeger 9510 is the breath test instrument used by Massachusetts law enforcement. Fewer than 150 cases were identified where breath test personnel should have invalidated results because values fell outside Massachusetts’ acceptable range, though they remained within the manufacturer’s calibration parameters.
The review also found that when the Commonwealth upgraded to its current breath test model in 2011, it did not request that Draeger modify its instruments to automatically comply with Massachusetts regulations. This meant operators had to perform an additional manual validation step using Massachusetts standards.
Following Secretary Bennett’s request, Draeger agreed to release a software update that will align the instrument’s margin of error with Massachusetts requirements, thereby minimizing operator error potential. Until the software update is implemented, all breath test operators will receive refresher training on proper calibration standards.
The Executive Office of Public Safety is collaborating with relevant District Attorneys to locate individuals whose breath tests were compromised by operator error.
Chelsea Police and other area departments do not believe any affected cases fall within their jurisdictions.
DA CONLEY TO DC
On Wednesday, April 29, Suffolk County District Attorney Dan Conley testified before the House Committee on Oversight and Government Reform Subcommittee on Information Technology. The National District Attorneys Association nominated Conley as one of three DAs for the appearance; the Committee selected him to testify among several witnesses addressing potential US policy responses to cell phone encryption technology that cannot be decrypted by anyone, including law enforcement officials holding valid search warrants signed by judges. Conley addressed the significant consequences such encryption would have on American criminal prosecutions, which increasingly rely on digital evidence including cell phone data.