​2 Accused Of Falsifying Breathalyzer Test Records: Michigan AG

MICHIGAN — Two technicians have been accused of falsifying service records of alcohol breath testing equipment used by police across the state, the Michigan Attorney General Dana Nessel's Office said Friday.

Following a four-month investigation led by the Attorney General’s Public Integrity Unit and Michigan State Police, nine felony charges were filed against David John, 59, of Kalamazoo, and six felony charges were filed against Andrew Clark, 53, of Oxford.

Clark is charged with two counts of forcery of a public record, two counts of uttering and publishing and two counts of using a computer to commit a crime. John is charged with three counts of the same three charges. The most severe of the charges is forgery of a public record, a 14-year felony.

“Those who hold positions of trust and responsibility at any level within our overall system of justice must be held to a high standard," Nessel said. "When that trust is betrayed, it is incumbent upon my department to ensure accountability on behalf of the people of our state. 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.”

The DataMaster DMT (often referred to as a breathalyzer) is the evidentiary instrument used by law enforcement across Michigan to measure the alcohol level of drivers suspected of being drunk.

Michigan State Police entered into a contract with Intoximeters Inc. that began Sept. 1, 2018 to provide ongoing maintenance and repairs, as well as on-site inspections on each of the 203 DataMaster DMTs in the state. Each technician was required to physically visit each site to conduct various diagnostic verifications, calibrations and repairs.

Discrepancies in some submitted diagnostic reports came to light during a routine review by MSP’s Breath Alcohol Program on Jan. 2, 2020.

Nessel's office said Clark and John created fictitious documents to show they completed certain diagnostic tests and repairs on two DataMaster instruments for which they had responsibility for calibration and performance. One incident involved the DataMaster DMT instrument located at the Beverly Hills Police Department and the other incident involved the DataMaster DMT instr ment located at the Alpena County Sheriff’s Office.

When MSP discovered the issue, the department temporarily removed all instruments from service and launched an investigation, notifying both its criminal justice partners and the public of its discovery.

“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,”MSP Col. Joe Gasper said. “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.”

Certified MSP staff have been performing the ongoing maintenance, repairs and 120-day inspections for all DataMaster instruments since early January and will continue to do so. The State of Michigan’s contract with Intoximeter’s Inc. was officially terminated in April.

Clark has been arraigned in the Eaton County District Court and was given a personal recognizance bail. He is scheduled for a probable cause conference at 4 p.m. June 1.

John will be arraigned at a later date due to reduced court operations related to the coronavirus.