I can report on Muldowny (in this forum) by saying that the evidence came in as well or better than expected. A full and comprehensive examination of the science, the inherent weaknesses and lack of forensic precision of breath testing, the computer driven nature of the Intoxilyzer, the importance of the software, the multitude of reasons why the software validly should be examined, the lack of legitimacy of a "trade secret" objection, and other issues was had. The judges had the benefit of testimony from the finest experts in the country on these issues. To everyone who has joined in, helped financially with the astronomical costs associated with expedited depositions, use of experts, etc., and otherwise assisted, many thanks. More work is yet to be done, but the last two days have provided a very good evidentiary base upon which the judges can reach their conclusions.
Big thanks to Mike and Maggie, they were great.
Oh, and to anonymous out there, when was the last time you fielded this type of case in your felony practice?
Anonymous sends in this report:
(Limited) Report From The Muldowny Front:The defendant's expert witness, a Ph.D in electrical engineering (and also an M.D.) was very impressive in his explanation as to what is going on inside the machines, the changes made by the police to the original machines, and why the source code needs to be reviewed to help explain these changes. It was dry but interesting at the same time.My question: Why is administrative chief Judge Sam Slom sitting in on the hearings? He doesn't hear any cases anymore; is it so he can try to influence the other judges to deny the defense motions?
And Anonymous has come to praise Richard Hersch not bury him:
Richard Hersch did a masterful job of getting the CMI expert to admit that there is no commercial value to the source code and that CMI would not lose anything financially or competitively by divulging same. He had their witness agreeing to discuss divulging the source code with CMI's board of directors!! Great job Muldowny team!
While this reader wants to do the reverse:
LOL. We're very impressed Richard. You found experts who will say what you want in exchange for lucrative careers as "expert witnesses" in DUI cases. Yawn. And, no, that crap would never fly in front of most circuit judges.
And this reader comments on our local fishwrap:
Judges sitting in a jury box, while they aren't a jury, they sure look like one.And while 600 defendants aren't represented by 3 attorneys, they sure look like they are.Misreporting or not, sensationalism sells - the plain truth seldom does.
Anonymous wrote in about Judge Hendon's new appointment:
hendon has an iq of about 100.
Rumpole responds: Judge Hendon will not make friends with the other Judges if he brags about his superior intelligence and IQ (vis a vis his brethern on the bench.)
Rumpole concludes: Richard Hersch's full post, in the comments sections shows that he is not only a master of DUI complexities, but a historian of WWII naval battles. A true renaissance man. Why is Judge Slom sitting in on these motions, but other judges that handle a DUI calendar are notably absent? More on Judge Slom's DUI hijinks coming up soon.