Drunken-driving case dismissed in test of U.S. high court rulin...

Full story: Sentinel & Enterprise

A 40-year-old Fitchburg man's drunken-driving case was dismissed in Ayer District Court Monday in one of the first local tests of a U.S. Supreme Court decision that allows defendants to cross-examine experts who analyze drugs, bullets and, apparently, Breathalyzer tests.
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1 - 20 of 21 Comments Last updated Sep 10, 2013
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Begs the Question

Boston, MA

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#1
Aug 4, 2009
 

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Just want to know why the officer couldn't be in court that day. If anyone knows, please post.

Is anyone else angry about this store?
disappointed

Lawrence, MA

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#2
Aug 4, 2009
 

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What about operating with a suspended license? Do you need the officer there for that? I am angry but, not at the officer. Our justice system is way out of whack.
Darn Tootin from W Newton

Wilmington, MA

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#3
Aug 4, 2009
 

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disappointed wrote:
Our justice system is way out of whack.
I certainly agree with this statement. Let's not forget the case of the Northborough cop, James Scesny, who crashed his 93 Chevy pick up into a pole in a single car accident in Fitchburg a few years back. This Hero was taken to the hospital, where his blood was tested for alcohol; and sure enough, he was well over the limit. But, this greased pig slipped out of the grip of the legal system when he said that the blood was withdrawn without his consent, so the evidence was inadmissable in court. He beat the charges in spite of the fact that he was driving drunk.

And, we have the case of Fitchburg's beloved officer Perry Pappas. He beat his DUI charge when he refused the Breathalyzer Test and the Blood Test. And, this happened after he was already in a vehicle that crashed a few years prior; resulting in the death of a beautiful young girl. Pappas is still gamefully employed with the Fitchburg PD.

Yes folks, our justice system is way out of whack.
Silent Majority

Westminster, MA

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#5
Aug 4, 2009
 
Since the D.A. is going to refile this case, what's the point in using this tactic? Is this just a way for the defense attorney to double bill his client?
Interesting

Waltham, MA

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#6
Aug 4, 2009
 

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Darn Tootin from W Newton wrote:
<quoted text>
I certainly agree with this statement. Let's not forget the case of the Northborough cop, James Scesny, who crashed his 93 Chevy pick up into a pole in a single car accident in Fitchburg a few years back. This Hero was taken to the hospital, where his blood was tested for alcohol; and sure enough, he was well over the limit. But, this greased pig slipped out of the grip of the legal system when he said that the blood was withdrawn without his consent, so the evidence was inadmissable in court. He beat the charges in spite of the fact that he was driving drunk.
And, we have the case of Fitchburg's beloved officer Perry Pappas. He beat his DUI charge when he refused the Breathalyzer Test and the Blood Test. And, this happened after he was already in a vehicle that crashed a few years prior; resulting in the death of a beautiful young girl. Pappas is still gamefully employed with the Fitchburg PD.
Yes folks, our justice system is way out of whack.
I am able to come in agreement with you on portions of this post. A few months back I was dining at the UNO's and Leominster and observed Perry and some of his friends far beyond being tipsy. The language he was using toward a lady he knew as well as the way they were acting was over the top. I brought this issue up to the Mayor and Chief and haven't seen Perry at UNO's since.
Tim

Gardner, MA

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#7
Aug 4, 2009
 
Breathalyzers have some serious code problems:

http://www.schneier.com/blog/archives/2009/05...
Darn Tootin from W Newton

Wilmington, MA

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#8
Aug 4, 2009
 

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Interesting wrote:
<quoted text>
I am able to come in agreement with you on portions of this post. A few months back I was dining at the UNO's and Leominster and observed Perry and some of his friends far beyond being tipsy. The language he was using toward a lady he knew as well as the way they were acting was over the top. I brought this issue up to the Mayor and Chief and haven't seen Perry at UNO's since.
Let's hope that the Chief took a very hard line with Pappas and told him if he is going to continue to behave in that fashion he must stay out of UNO's in Leominster. If so, that should fix everything........

Besides, you are forgetting about the magic get out of jail free card that every cop holds. That card allows the cop to blame job related stress whenever he does anything wrong. Pappas could very well be experiencing some of that dreaded job related stress, and he popped his safety valve at UNO's.
RMT

United States

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#9
Aug 4, 2009
 
Well it's not like he's off the hook. He could still get a retrial from the DA.
bob c

Fitchburg, MA

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#10
Aug 4, 2009
 

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What does officer Pappas have to do with this story? Granted what has been typed is not a pretty picture,but this has been going on for 40 plus years with police officers in this city getting drunk and then driving. The forty years is because thats how long I can remember seeing this going on,I`m sure it has been going on longer than that.
Darn Tootin from W Newton

Wilmington, MA

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#11
Aug 4, 2009
 

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bob c wrote:
Granted what has been typed is not a pretty picture,but this has been going on for 40 plus years with police officers in this city getting drunk and then driving.
Are you implying that this sort of thing happens with off duty cops; or on duty cops; or both?
Hey

Burlington, MA

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#13
Aug 4, 2009
 
Your a drunk, stay off the road
The West Newton Kid

Wilmington, MA

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#14
Aug 4, 2009
 

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Hey wrote:
Your a drunk, stay off the road
Agreed. Just park in the breakdown lane and stay off of the road. And, if someone crashes into you because you did not get your car far enough off the road and into the breakdown lane; refuse the Breathalyzer Test and any Blood Tests......That should take care of everything........
concerned citizen

Leominster, MA

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#15
Aug 4, 2009
 

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So these are the same cops that when they pull you over for drunk driving and read you the riot act about hurting other people. I don't drink but had a family member pulled for suspected drunk driving and took the breathalizer test and passed. But during the on road sobriaty test he was harrasing him the whole time. Nice job Pappas your the best. Your days are numbered as a cop!!!!
Darn Tootin from W Newton

Wilmington, MA

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#16
Aug 4, 2009
 

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concerned citizen wrote:
So these are the same cops that when they pull you over for drunk driving and read you the riot act about hurting other people. I don't drink but had a family member pulled for suspected drunk driving and took the breathalizer test and passed. But during the on road sobriaty test he was harrasing him the whole time. Nice job Pappas your the best. Your days are numbered as a cop!!!!
Well, if his days really ARE numbered as a cop; maybe UNO's in Leominster will consider hiring him as either the entertainment or the bouncer.......
ghd

Peabody, MA

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#17
Aug 5, 2009
 
the problem is the car makers...if there was a no start device on all cars if alcohol is detected ,,built where it cant be disabled,,we could all relax and drink up...but no way..the state realizes this is a pot of gold and wont even let a thought like this be even considered
Get it straight

Gardner, MA

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#18
Aug 5, 2009
 

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ghd wrote:
the problem is the car makers...if there was a no start device on all cars if alcohol is detected ,,built where it cant be disabled,,we could all relax and drink up...but no way..the state realizes this is a pot of gold and wont even let a thought like this be even considered
Yes...exactly...it's the car makers faults....what is a genius like yourself doing wasting away on a topix forum...seriously, you should be running for some type of public office....
This was honestly one of the dumbest posts I've seen on here (excluding Darn Tootin's of course...because he brings the curve down)....
IamEmployed

Everett, MA

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#20
Sep 9, 2013
 

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Newton kid with more wisdom on cop hating. What do you do for work?
Renee

Concord, MA

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#21
Sep 9, 2013
 

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I can drive anyway I want now,order me a shot and a red wine,isn't,t it it and at Slatterys
You Know Who

Holliston, MA

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#22
Sep 10, 2013
 

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bob c wrote:
What does officer Pappas have to do with this story? Granted what has been typed is not a pretty picture,but this has been going on for 40 plus years with police officers in this city getting drunk and then driving. The forty years is because thats how long I can remember seeing this going on,I`m sure it has been going on longer than that.
I think it is pretty darn safe to say that cops have been driving under the influence of alcohol as long as this nation has had motorized vehicles. And, not all of them have been off duty while doing so.

Many cops are boozers. It is not uncommon for them to report for duty with alcohol still in their systems, from the prior nights fun and merryment. And, we all know that cops routinely get a free pass from a fellow officer when they do get stopped and they are under the influnece of alcohol. Typically, a cop has to get into a severe accident while he is slobbering drunk before any charges get filed against him. It is not uncommon for minor fender benders to be magically swept under the rug if an intoxicated lawman is involved.

My strong hunch is that many cops actually drive under the influence of alcohol at numbers higher than the general public. The reason for this is two fold: 1) Cops have higher rates of alcoholism than members from the general public have. 2) Cops routinely get a free pass from their fellow officers when they do get stopped while intoxicated.

Additionally, they know how the legal system works and they know their legal rights. As Officer Perry Pappas of the FPD demonstrated for all of us a few years back, they sure as hell do not agree to under testing that would confirm their guilt.
Voter

Billerica, MA

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#23
Sep 10, 2013
 

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Someone doesn't understand how the Fifth Amendment and self-incrimination. Having this knowledge isn't specific to cops, anyone with half a brain should know that you do not need to provide information if you do not want to. Sure, you may be arrested, but it will be straightened out in court. Why willingly hand over evidence that may be used, misconstrued by a DA, against you?

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