Today we received a Decision and Order from the Bronx County Criminal Court granting our discovery requests for all materials related to the Intoxilyzer 5000EN machine used to test our client’s breath on the night of his arrest. As with many DWI cases, the prosecutor fiercely resisted our attempts to see the documents related to this machine. The Honorable Dakota D. Ramseur ordered that all documents related to the testing of the machine must be disclosed. Judge Ramseur dismissed the prosecution’s argument that production of the documents would be “overly burdensome”.
The prosecution’s attempt to withhold these documents is only the latest in a series of battles to withhold similar records. Why the prosecutor is fighting to keep these documents hidden? What’s in these records that they don’t want you to know? We will find out soon.