Vol. One No. 3    News  |  ARS  |  Div 1  |  Div 2  |  DUI  |  Education  |  Search  |  Statutes  |  US Supreme  | Home    January 21, 1999                                                                                                

Real Lawyer News
Serving Real Attorneys in Phoenix
Phoenix  Crime  Lab  Admits  IR5000 Calibration   Tests   Can   Be   Deleted
Phoenix Crime Lab (PCL) employee, Jesse Shriki, told a Phoenix jury that he and other PCL employees know how to prevent calibration records of the IR5000 breath testing machine from being entered into memory and from being recorded.

Under cross-examination by Phoenix attorney, Clifford Girard, Shriki admitted tests performed on the IR5000 could be erased before being stored in the IR5000's memory and before being recorded in ADAMS, the government’s data storage and retrieval system.

Shriki testified that all PCL criminalists know how to delete the IR5000 calibration records.

The PCL criminalist testified machine operators can prevent tests from being recorded by flipping a switch built into the IR5000. He claimed the switch (switch 11) was never intended to prevent documenting tests performed on the machine.

In his testimony, Shriki claimed the switch on the IR5000 was intended to put the machine into "custom mode sequence," which prevents the recording of any test result in ADAMS.

Shriki was asked in a prior case, "is it possible to run a calibration test and for the operator to remove it from memory?" Shriki answered, "no." See attached transcript, June 24, 1998, State v. Lopez.

A few questions later, Shriki was asked, ". . . is it possible to prevent an [sic] calibration check from going into memory or is it possible to remove it from memory after this calibration test?" First, Shriki replied, "there certainly could be a way," and when asked, "how?" he answered, "That I don’t know." He then added, "It’s certainly possible," and again, when asked, "how?" he testified, "I don’t know . . . ."

In an earlier interview, however, Shriki was asked, "In other words, there is a series of switches on the machine to allow a PCL employee to perform an unrecorded and undocumented cal check?" Shriki answered, "yes." After being confronted with the transcript, Shriki was asked by Girard, "Do you recall that?" Shriki answered, "Yes. And that’s correct." See attached transcripts.

Over the past year, PCL criminalists maintained and testified that all IR5000 breath tests and calibration results were recorded and documented in the ADAMS database.

Continued on Page Two - Girard

DUI Breakout 1999 Seminar February 26

The Maricopa County Public Defender’s Office and the Phoenix Public Defender’s Office are getting together again to offer DUI Breakout 1999, to be held February 26, 1999 at the Tovrea Mansion, located west of the famous Tovrea Castle on the south side of Van Buren Street.

The registration deadline is February 16, 1999. No refund will be given for cancellations received after that date. Registration and a continental breakfast will start at 8:15 a.m. The seminar will begin at 8:45 a.m., and it will end at 4:00 p.m. The cost is $20.00

The seminar will be broken into two tracks designed to benefit everyone, regardless of experience level. Each track features group plenary sessions, combined with small breakout classes. You select the track you want to attend.

Track one is designed for attorneys who are fairly new to the area of DUI defense, while track two is designed for attorneys who handle

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