Minnesota Chief Judges of District Court to Push for Consolidation of Intoxilyzer Source Code Cases
I previously predicted Minnesota Judges to push to combine all of Minnesota's Intoxilyzer Source Code cases into a single case. Yesterday I received confirmation of that.
Chief Judge Kathleen R. Gearin, Chief Judge of Minnesota's Second Judicial District, yesterday told me that she and other chief judges will be asking Minnesota Supreme Court Chief Justice Eric Magnuson to consolidate the state's source code cases into a single case for hearing. No details have been determined or when the decision would be made.
Personally, I believe consolidation is premature. Until our experts have reviewed the source code, we are unable to confirm the precise nature of the software errors. Consolidation would make sense if the experts find a fatal error in the program that renders the Intoxilyzer scientifically invalid in every case. This would be the case if CMI, the breath test manufacturer, has short-circuited software routines that perform scientific safeguards which are necessary to ensure that every breath test is valid, reliable and accurate. As I tweeted earlier this week, I predict we may find this sort of error in the program.
Short of global, fatal flaws effecting every test, however, the problems we are likely to find will be unique to each person. Such issues may include refusal by conduct, breath volume issues, interferents, GERD, diabetes, lung disease, etc. Consolidation would not be appropriate in the event we find source code errors affecting the test population differently.
I'll report on this blog the details of any consolidation as they emerge.
The Second Judicial District includes all of Ramsey County, with St. Paul as its county seat.
The First Judicial District has already consolidated cases involving the Intoxilyzer software.
Chief Judge Kathleen R. Gearin:
Minnesota Supreme Court Chief Judge Eric Magnuson:
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