13 Burst results for "Jessica Silver Greenberg"

"jessica silver greenberg" Discussed on KCRW

KCRW

02:34 min | 1 year ago

"jessica silver greenberg" Discussed on KCRW

"I Madeline brand California is seeing a dramatic spike in new coronavirus cases even as the state continues to reopen more sectors of the economy yesterday California broke its single day record recording more than sixty five hundred new cases governor Gavin Newsom also said hospitalizations are up sixteen percent in the past two weeks you're not out of the first wave of this virus does it suggest were out of the woods those that suggest this somehow is going to disappear these numbers tell a very very different and sobering story Newsome says that a spike in cases could force him to reinstate some restrictions although he hasn't given details on what that would look like here in Los Angeles the epicenter of the state's outbreak the county also posted a record number of new cases yesterday more than twenty five hundred only county public health director Barbara Ferrer says the latest figures show an eight percent short term positivity rate and that's a big increase from a couple of weeks ago when the county says that number was just over five percent she says it's not necessarily because of the protests she says it's likely because more people are out and about and socializing more the numbers do tell us that we're seeing an increase in community transmission now it's going to be very important to watch how this increasing cases translates into our daily hospitalizations over the next few weeks she says more than half of all deaths here in LA county are an institutional facilities such as nursing homes let's take a look at some of the problems in nursing homes now with Jessica silver Greenberg is an investigative reporter at The New York Times and she found that nursing homes across the country have been evicting longtime residents to make room for corona virus patients those patients can bring in more money for an nursing home just go welcome to the program thank you happy to be here it's great to have you let's talk about one facility you focused on your story it's called lake view terrace to skilled nursing facility in the macarthur park area and tell us about what you found there and about the patient that you profiled R. C. Kendrick okay instead pandemic so we're talking about April we learned that the facility drugs eighty eight year old man with dementia and a history of wandering show his family had said that you know this individual because he suffers from dementia would often kind of escape.

California Gavin Newsom Newsome Los Angeles Barbara Ferrer LA county investigative reporter The New York Times R. C. Kendrick director Jessica silver Greenberg macarthur park pandemic
"jessica silver greenberg" Discussed on KCRW

KCRW

08:14 min | 1 year ago

"jessica silver greenberg" Discussed on KCRW

"In the wake of the killing of George Floyd congressional Republicans have shifted to talking about their role in preventing police brutality we're still wrestling with America's original set up we try to get better but every now and then it's perfectly clear we're a long way from the finish line I'm Sarah McCammon Republicans race and policing this afternoon on All Things Considered from NPR suited for that story and more on all things considered today at three right here on K. C. R. W. this is press play I Madeline brand California is seeing a dramatic spike in new coronavirus cases even as the state continues to reopen more sectors of the economy yesterday California broke its single day record recording more than sixty five hundred new cases governor Gavin Newsom also said hospitalizations are up sixteen percent in the past two weeks you're not out of the first wave of this virus does it suggest were out of the woods those that suggest the somehow is going to disappear these numbers tell a very very different and sobering story Newsome says that a spike in cases could force him to reinstate some restrictions although he hasn't given details on what that would look like here in Los Angeles the epicenter of the state's outbreak the county also posted a record number of new cases yesterday more than twenty five hundred on the county public health director Barbara Ferrer says the latest figures show an eight percent short term positivity rate and that's a big increase from a couple of weeks ago when the county says that number was just over five percent she says it's not necessarily because of the protests she says it's likely because more people are out and about and socializing more the numbers do tell us that we're seeing an increase in community transmission now it's going to be very important to watch how this increasing cases translates into our daily hospitalizations over the next few weeks she says more than half of all deaths here in LA county are an institutional facilities such as nursing homes let's take a look at some of the problems in nursing homes now with Jessica silver Greenberg is an investigative reporter at The New York Times and she found that nursing homes across the country have been evicting longtime residents to make room for corona virus patients those patients can bring in more money for a nursing home just go welcome to the program thank you happy to be here it's great to have you let's talk about one facility you focused on your story it's called lake view terrace to skilled nursing facility in the macarthur park area and tell us about what you found there and about the patient that you profiled R. C. Kendrick instead pandemic so we're talking about April he learns that the facility drugs eighty eight year old man with dementia and a history of wandering show his family had said that you know this individual because he suffers from dementia would often kind of escape in the middle of the night and no one will be able to find him and so the nursing home the nursing facility Lakeview terrace drove this this individual twenty nine one night I am to a boarding house and unlicensed boarding house in van Nuys California and left him there his family who thought that he was you know getting the care that he needed that money to terrorist had no idea that he had been a victim to this other facility Intel they received a call from the police days later and the police and found this individual R. C. Kendrick crumpled on the sidewalk disoriented and random and he had no idea how it ended up you know fifteen miles away from lake view terrace where he had started now is not legal at all to do that just dump a patient unless downing no doubt nursing homes are allowed under federal law to objectification and there's a number of reasons that they can do that can justify to their six reasons one is that failure to K. so if someone can no longer afford the nursing home the nursing home can object to the patient on that basis also if facility determines that the resident is a danger to others they can also impact no resident I'm but the most important thing is that when these facilities and education they have to give thirty days notice under federal law so they have to tell both the patient and in some instances if the patient does not have you know done mental contact the can manage their own health affairs they also have to alert the families and they have to alert the state watchdogs who called ombudsman and they said the facilities have to tell at the very least they have to give thirty days notice and tell the resident and the ombudsman when they're going to do an addiction another important piece that that isn't important to understand arc of Mr Kendricks ouster is that they also have to make sure that wherever they're objecting the resident who is safe and medically appropriate for that residents need so in this case when you have a patient with documented dementia there is no universe in which an unlicensed boarding house that has no level of care of medical care isn't appropriate medically safe it's already so it would be illegal under both of those counts in my estimation yeah in the end in the estimation of LA city attorney Mike fewer which entered into a six hundred thousand dollar settlement with Lakeview terrace last year so there was supposed to be a monitor to make sure that the place was operating on the up and up what happened so the monitor in March as the coronavirus intensified in Los Angeles and across the country the monitor had to stop visiting in an attempt to stop the spread of the virus the the nursing homes have put very strict restrictions on who can and who cannot be inactive sorry and that has worked to the advantage of some of these nursing homes who are committed you know the nursing homes that are committed to protecting as many residents as possible the fact that there are fewer I think is on the ground fewer protections for residents in the facility has a marketing advantage of some of these nursing homes and the motivation to events this eighty eight year old man was to have the his bed so that it that bad could be filled with someone who is recovering from chronic virus because the facility can get more money for that patient so I don't know the specific motivations to check out this particular individual the eighty eight year old with dementia but what we do now is around exact same time that he was elected we spoke to current employees at Lakeview terrace and they weren't they wanted to have remain anonymous because obviously it's very important for them to protect our jobs and then worried about retaliation to describe what they were hearing and feeling but what they said to us was there was that pressure to look for as many opportunities as possible to get out residents lower paying poor residents who are on Medicaid paramedic Catholic you calling California and bring to bring in higher paying patients coronavirus stations in this case so nursing homes have long had this kind of financial motivation to nursing homes while we may think of them in the popular imagination as places that are mostly caring for older people at the very end of their lives the bulk of their business where they really make money is on.

America George Floyd
"jessica silver greenberg" Discussed on KQED Radio

KQED Radio

03:42 min | 1 year ago

"jessica silver greenberg" Discussed on KQED Radio

"New York times investigative reporter Jessica silver Greenberg was part of the team she'd been thinking hard about the lawyers circling the obscene scandal we were intensely interested in the universe of people powerful man that had potentially enabled abstain and allowed him to continue to allegedly abused women for decades silver Greenberg tells NPR that some lawyers representing instance accusers were enablers to voice was prominent among the lawyers for Epstein's alleged victims and silver Greenberg says he was already on her radar the times had big ambitions and high hopes for the story again and we still on the times TV show trailer this not only could crack open the apps team story but it also might expose how two of America's most prominent lawyers we're talking about plans we keep at it insanity is secret the two lawyers they focused on where David Boies and his friends stand pot injure conjure exchanged text messages with Kessler the supposed informant in those texts published by the times puncher tells Kessler lawyers could get the friends of Aberdeen we're supposedly on the videos to pay big settlements accusations of sexual misconduct could be kept secret and the lawyers could get hefty payouts on the times TV show and rich presses boys about the texts but listen we're trying to understand if there's a way to interpret this other than the way that it looks to us and what I'm saying is that these are my text messages okay Boyce says he had no idea what passenger was telling Kessler and rich tells me he thinks that's true the boys had no idea what was in the texts he was visibly surprised to see them and I think visibly upset to see them he says that he did not intend to do with Sam hunter said they were discussing it on and it I think I can given the benefit of the doubt on that puncher told the times even those hypothetical scenarios were made up he told the paper he was trying to get castle to share his material and that he informed the FBI of Kessler's claims none of the stop in New York times from doing the story or from focusing it largely on boys it alternately devoted fifty four hundred words in an hour long TV show to its expose the reporters relied on Kessler the informant to generate a tale of deceit greed and complicity even though they concluded Kessler was a wire and though they failed to connect always directly to wrongdoing what I think is not fair journalism is to somehow imply I was involved in our what was being discussed when the times knows and has the knowledge to that I didn't even know about those text messages until they showed them to me NPR sought comment from pot Jr four times without success David Boies tells NPR the times wrongly fold him into suggestions of blackmail and fraud and while it is true that the times doesn't explicitly say I was deceitful for them to put that in the article this is about me without making clear that they're not making that allegation about me is I think quite misleading the times reporters can see they have no evidence boys sought to profit now they tell me that doesn't matter they say this story shows what plaintiffs lawyers are doing when they think no one is looking and let's pause to acknowledge why the times found boys newsworthy again Emily steel and dividend rich of the times on the TV show the weekly for a while he was kind of lost it as a.

New York times Jessica silver Greenberg investigative reporter
"jessica silver greenberg" Discussed on WNYC 93.9 FM

WNYC 93.9 FM

04:40 min | 1 year ago

"jessica silver greenberg" Discussed on WNYC 93.9 FM

"And then he told us something else and that's without the lawyers he said what do you think of David Boies New York times investigative reporter Jessica silver Greenberg was part of the team she'd been thinking hard about the lawyers circling the obscene scandal we were intensely interested in the universe of people powerful man that had potentially enabled abstain and allowed him to continue to allegedly abused women for decades silver Greenberg tells NPR that some lawyers representing apps teens accusers were enablers to voice was prominent among the lawyers for evidence alleged victims and silver Greenberg says he was already on her radar the times had big ambitions and high hopes for the story again and lease deal on the times TV show trailer this not only could crack open the apps team story but it also might expose how two of America's most prominent lawyers we're talking about plans we keep at it and said that he is secret the two lawyers they focused on where David Boies and his friends stand pot injure under exchanged text messages with Kessler the supposed informant in those texts published by the times puncher tells Kessler lawyers could get the friends of Aberdeen we're supposedly on the videos to pay big settlements accusations of sexual misconduct could be kept secret and the lawyers could get hefty payouts on the times TV show and rich presses boys about the texts but listen we're trying to understand if there's a way to interpret this other than the way that it looks to us what I'm saying is that these are my text messages okay Boyce says he had no idea what passenger was telling Kessler and rich tells me he thinks that's true the boys had no idea what was in the texts he was visibly surprised to see them and I think a visibly upset to see them he says that he did not intend to do with Sam hunter said they were discussing that on and it I think I can given the benefit of the doubt on that puncher told the times even those hypothetical scenarios were made up he told the paper he was trying to get castle to share his material and that he informed the FBI of Kessler's claims none of the stop in New York times from doing the story or from focusing it largely on voice it alternately devoted fifty four hundred words in an hour long TV show to its expose the reporters relied on Kessler the informant to generate a tale of deceit greed and complicity even though they concluded Kessler was a liar and though they failed to connect boys directly to wrongdoing what I think is not fair journalism is to somehow imply I was involved in our what was being discussed when the times knows and has the knowledge to that I didn't even know about those text messages until they showed them to me NPR sought comment from pot Jr four times without success David Boies tells NPR the times wrongly fold him into suggestions of blackmail and fraud and while it is true that the times doesn't explicitly say I was deceitful for them to put that in the article this is about me without making clear that they're not making that allegation about me is I think quite misleading the times reporters concede they have no evidence boys sought to profit now they tell me that doesn't matter they say their story shows what plaintiffs lawyers are doing when they think no one is looking and let's pause to acknowledge why the times found boys newsworthy again Emily Steele and David and rich of the times on the TV show the weekly for a while he was kind of lost it as a modern day Atticus finch litigating some of the country's most famous cases whether it's bush V. gore for the Microsoft antitrust case or gay marriage before the Supreme Court David Boies is a legal legend but the damage one thanks to his involvement in a pair of scandals first the fraudulent blood testing company Theranos were boys served both as an outside lawyer and a corporate director second voice was a lawyer for the disgraced producer Harvey Weinstein he hired expires for Weinstein who monitored and misled reporters for the times those scandals fueled the times interest invoice and what if Kessler who is he a scam artist and extortionist a plan designed to discredit the lawyers the times journalists say they tried in vain to figure out who he was but never thought to hold off until they did despite the question mark they wouldn't let the story go even though their chief.

"jessica silver greenberg" Discussed on KCRW

KCRW

03:56 min | 1 year ago

"jessica silver greenberg" Discussed on KCRW

"Weekly and then he told us something else and this was about the lawyer is he said what do you think of David Boies New York times investigative reporter Jessica silver Greenberg was part of the team she'd been thinking hard about the lawyers circling the obscene scandal we were intensely interested in the universe of people powerful man that had potentially enabled abstain and allowed him to continue to allegedly abused women for decades silver Greenberg tells NPR that some lawyers representing apps teens accusers were enablers to voice was prominent among the lawyers for Epstein's alleged victims and silver Greenberg says he was already on her radar the times had big ambitions and high hopes for the story again and lease deal on the times TV show trailer this not only could crack open apps team story but it also might expose how two of America's most prominent lawyers we're talking about plans we keep admitted seventy is secret the two lawyers they focused on where David Boies and his friends stand pot injure conjure exchanged text messages with Kessler the supposed informant in those texts published by the times puncher tells Kessler lawyers could get the friends of Aberdeen we're supposedly on the videos to pay big settlements accusations of sexual misconduct could be kept secret and the lawyers could get hefty payouts on the times TV show and rich presses boys about the texts but listen we're trying to understand if there's a way to interpret this other than the way that it looks to us and what I'm saying is that these are my text messages okay Boyce says he had no idea what passenger was telling Kessler and rich tells me he thinks that's true the boys had no idea what was in the texts he was visibly surprised to see them and I think visibly upset to see them he says that he did not intend to do what's important here said they were discussing their own and I think I can given the benefit of the doubt on that puncher told the times even those hypothetical scenarios were made up he told the paper he was trying to get castle to share his material and that he informed the FBI of Kessler's claims none of the stuff the New York times from doing the story or from focusing it largely unvoiced it alternately devoted fifty four hundred words in an hour long TV show to its exposes the reporters relied on Kessler the informant to generate a tale of deceit greed and complicity even though they concluded Kessler was a liar and though they failed to connect boys directly to wrongdoing what I think is not fair journalism is to somehow imply I was involved in our what was being discussed when the times knows and has the knowledge to that I didn't even know about those text messages until they showed them to me NPR sought comment from pot injure four times without success David Boies tells NPR the times wrongly fold him into suggestions of blackmail and fraud and while it is true that the times doesn't explicitly say I was deceitful for them to put that in the article that is about me without making clear that they're not making that allegation about me is I think quite misleading the times reporters concede they have no evidence boys sought to profit now they tell me that doesn't matter they say their story shows what plaintiffs lawyers are doing when they think no one is looking and let's pause to acknowledge why the times found boys newsworthy again Emily steel and dividend rich of the times on the TV show the weekly for a while he was kind of lost it as a modern day Atticus finch litigating some of the country's most famous cases whether it's.

"jessica silver greenberg" Discussed on KQED Radio

KQED Radio

11:34 min | 1 year ago

"jessica silver greenberg" Discussed on KQED Radio

"It's morning edition from NPR news I'm David green in Culver city California and I'm Rachel Martin in Washington DC the corona virus is a pandemic that's the conclusion of the World Health Organization infections are on the rise in many countries and that is triggering more global destruction disruptions last night president trump announced a thirty day ban on foreign nationals traveling to the United States from most countries in Europe NPR health correspondent rob Stein joins us now and help us understand the latest developments hi rob Hey there Rachel let's start with the president's travel ban is this going to reduce the spread of coronavirus you know Rachel most public health experts I've talked to say look if the virus is already here so banning Europeans is unlikely to do much good and it actually could make things worse you know by diverting resources from what's really needed which is stopping the spread here that's kind of been a top priority right now all right what about the WHL now calling the corona virus a pandemic what are the implications of yeah which it shows how worried the W. H. O. is that about that things are getting worse the W. H. O. had hesitated to use the wordpad ever they're worried that it might make things seem hopeless the officials are really stressing that this whole lots that can be done to fight these fires all right so what's the latest with the fine in this country you know there's still a lot of frustration with the federal response especially not testing but the government has started giving cities and counties fighting outbreaks specific advice about what to do you know recommending things like teleworking protecting nursing homes and canceling large gatherings and that's really where things are heading is a big shift in strategy going on right now towards what experts called medication which is actually basically keeping people apart to try to slow the spread of the virus that's what will save lives you know try to get a sense of the shift in the nation's strategy let's just listen to Anthony Fauci from the White House coronavirus task force as a nation we can't be doing the kinds of things we were doing a few months ago when the corona virus first hit the U. S. disease detectives swooped in to try to stop the germ from spreading isolating sick people tracking down in quarantining everyone that contact with to try to contain the virus to stop it from spreading but increasingly across the nation experts worried that's not enough anymore it's clearly too late to contain it in much of the country martlets such is a Harvard epidemiologist he says the long delay in testing let the virus get a foothold in this country so it's probably already spread much more than we realize and that's likely to accelerate in the coming weeks unsustainable in an exponentially growing epidemic to keep increasing the efforts to trace individual cases because understaffed and underfunded public health departments are getting overwhelmed trying to track down and monitor everyone so while testing is still really important public health experts are increasingly also calling for what's called mitigation to slow the spread of the virus get people to work from home close schools cancel big events I'm extremely worried that we are just letting transmission continue by sitting in sort of supporting business as usual we are just wasting time as the epidemic grows time to act is now because if too many places wait too long it will be too late here's Anthony Fauci again testifying before Congress its the metaphor that the Wayne Gretzky approach you know you skate not to where the puck is but to where the puck is going to be if we don't do very serious mitigation now what's going to happen is that we're going to be weeks behind and the horse is going to be out of the barn so more and more communities are shifting their tactics Sacramento county stop quarantining everyone who would contact with someone who is infected instead Peter Beale instance says people should monitor themselves in vulnerable people like the elderly should minimize their exposure so for example avoiding malls if they have to go to a grocery store go off hours and by two or three weeks of groceries at times they don't have to go back and expose themselves Jeffrey angle of the council of state and territorial epidemiologists says there's probably no one size fits all strategy Sacramento is going ahead with its St Patrick's day parade while other cities have put off theirs is happening community by community so I think we're gonna see this patchwork approach across the United States other experts agree that makes sense Thomas Ingalls be heads the Johns Hopkins center for health security it's not black or white I think that there are places where we can potentially identify a chain of transmission and isolate that group and try to stop the chain of transmission in that place but I think there are other parts of the country or other other cases where that's not can be possible I don't think we should give up on the former but we just after knowledge the latter so you know we just clear that we've got to get ready for a lot more disruptions in our daily life unfortunately right thanks so much rob NPR's rob Stein the Jeffrey have seen sex trafficking scandal did not end with his death the story keeps evolving and we're gonna hear now how one newspaper came to question the ethics of one of America's most powerful lawyers relying on informants who later disappeared The New York Times launch investigation into attorney David Boies who represents some of that seems alleged victims and your media correspondent David Folkenflik looks at the story behind the story initially everyone was hungry for material about Epstein after all Eckstine had ties to so many powerful men the informant went by the pseudonym Patrick Kessler he claimed he had been an I. T. consultant for upstate he also claimed to have not just videos but all sorts of electronic communications and bank records and things like that David enriches the business investigative editor for The New York Times that provide this supposedly unvarnished very detailed inside look inside of Jefferson's life and finances Kessler provided tantalizing allegations about Epstein's famous friends when he met with reporters for the first time at David Boyce's office an hour later the story would completely change Kessler texted a times reporter separately they met in the back of a Chinese restaurant later that afternoon your reporters Emily steel and Jake burns dean on the times TV show the weekly and then he told us something else and that's without the lawyer is he said what do you think of David Moyes New York times investigative reporter Jessica silver Greenberg was part of the team she been thinking hard about the lawyers circling the obscene scandal we were intensely interested in the universe of people powerful man that had potentially enabled abstain and allowed him to continue to allegedly abused women for decades silver Greenberg tells NPR that some lawyers representing instance accusers were enablers to voice was prominent among the lawyers for Epstein's alleged victims and silver Greenberg says he was already on her radar the times had big ambitions and high hopes for the story again and lease deal on the times TV show that's trail this not only could crack open apps teen story but it also might expose how two of America's most prominent lawyers we're talking about plans we keep at it insanity is secret the two lawyers they focused on where David Boies and his friends stand pot injure conjure exchanged text messages with Kessler the supposed informant in those texts published by the times puncher tells Kessler lawyers could get the friends of Aberdeen we're supposedly on the videos to pay big settlements accusations of sexual misconduct could be kept secret and the lawyers could get hefty payouts on the times TV show and rich presses boys about the texts of mission we're trying to understand if there's a way to interpret this other than the way that it looks to us what I'm saying is that these are my text messages okay boys says he had no idea what passenger was telling Kessler and rich tells me he thinks that's true the boys had no idea what was in the texts he was visibly surprised to see them and I think visibly upset to see them he says that he did not intend to do with Sam hunter said they were discussing their own and it I think I can given the benefit of the doubt on that hunter told the times even those hypothetical scenarios were made up he told the paper he was trying to get castle to share his material and that he informed the FBI of Kessler's claims none of the stuff the new York times from doing the story or from focusing it largely on boys it alternately devoted fifty four hundred words in an hour long TV show to its expose the reporters relied on Kessler the informant to generate a tale of deceit greed and complicity even though they concluded Kessler was a wire and though they failed to connect boys directly to wrongdoing what I think is not fair journalism is to somehow imply I was involved in our what was being discussed when the times knows and has the knowledge that I didn't even know about those text messages until they showed them to me NPR sought comment from pot Jr four times without success David Boies tells NPR the times wrongly fold him into suggestions of blackmail and fraud and while it is true that the times doesn't explicitly say I was deceitful for them to put that in the article this is about me without making clear that they're not making that allegation about me is I think quite misleading the times reporters can see they have no evidence boys sought to profit now they tell me that doesn't matter they say this story shows what plaintiffs lawyers are doing when they think no one is looking and let's pause to acknowledge why the times found boys newsworthy again Emily steel and dividend rich of the times on the TV show the weekly for a while he was kind of lost it as a modern day Atticus finch litigating some of the country's most famous cases whether it's bush V. gore for the Microsoft antitrust case or gay marriage before the Supreme Court David Boies is a legal legend but a damage one thanks to his involvement in a pair of scandals first the fraudulent blood testing company Theranos were boys served both as an outside lawyer and a corporate director second voice was a lawyer for the disgraced producer Harvey Weinstein he hired expires for Weinstein who monitored and misled reporters for the times those scandals fueled the times interest invoice and what if Kessler who is he a scam artist an extortionist a plant designed to discredit the lawyers the times journalists say they tried in vain to figure out who he was but never thought to hold off until they did despite the question mark they wouldn't let the story go even though their chief source turned out to be in their own words a liar David Folkenflik NPR news New York this is NPR news morning edition here on KQED public radio at five nineteen good morning thanks for listening I'm Dave Freeman on Thursday.

California Rachel Martin trump NPR David green Culver Washington World Health Organization president
"jessica silver greenberg" Discussed on WNYC 93.9 FM

WNYC 93.9 FM

03:54 min | 1 year ago

"jessica silver greenberg" Discussed on WNYC 93.9 FM

"The weekly and then he told us something else and that's without the lawyers he said what do you think of David Boies New York times investigative reporter Jessica silver Greenberg was part of the team she'd been thinking hard about the lawyer circling the obscene scandal we were intensely interested in the universe of people powerful man that had potentially enabled abstain and allowed him to continue to allegedly abused women for decades silver Greenberg tells NPR that some lawyers representing us teens accusers were enablers to voice was prominent among the lawyers for Epstein's alleged victims and silver Greenberg says he was already on her radar the times had big ambitions and high hopes for the story again and lease deal on the times TV show and trail this not only could crack open the apps teen story but it also might expose how two of America's most prominent lawyers we're talking about plans we keep at it and said that he is secret the two lawyers they focused on where David Boies and his friends stand pot injure conjure exchanged text messages with Kessler the supposed informant in those texts published by the times puncher tells Kessler lawyers could get the friends of Aberdeen we're supposedly on the videos to pay big settlements accusations of sexual misconduct could be kept secret and the lawyers could get hefty payouts on the times TV show and rich presses boys about the text but listen we're trying to understand if there's a way to interpret this other than the way that it looks to us and what I'm saying is that these are my text messages okay boys says he had no idea what passenger was telling Kessler and rich tells me he thinks that's true the boys had no idea what was in the texts he was visibly surprised to see them and I think a visibly upset to see them he says that he did not intend to do with Sam hunter said they were discussing it on and it I think I can given the benefit of the doubt on that puncher told the times even those hypothetical scenarios were made up he told the paper he was trying to get castle to share his material and that he informed the FBI of Kessler's claims none of the stop in New York times from doing the story or from focusing it largely on boys it alternately devoted fifty four hundred words in an hour long TV show to its exposes the reporters relied on Kessler the informant to generate a tale of deceit greed and complicity even though they concluded Kessler was a liar and though they failed to connect boys directly to wrongdoing what I think is not fair journalism is to somehow imply I was involved in our what was being discussed when the times knows and has the knowledge to that I didn't even know about those text messages until they showed them to me NPR sought comment from pot injure four times without success David Boies tells NPR the times wrongly fold him into suggestions of blackmail and fraud and while it is true that the times doesn't explicitly say I was deceitful for them to put that in the article this is about me without making clear that they're not making that allegation about me is I think quite misleading the times reporters concede they have no evidence boys sought to profit now they tell me that doesn't matter they say their story shows what plaintiffs lawyers are doing when they think no one is looking and let's pause to acknowledge why the times found boys newsworthy again Emily steel and dividend rich of the times on the TV show the weekly for a while he was kind of lost it as a modern day Atticus finch.

"jessica silver greenberg" Discussed on KQED Radio

KQED Radio

03:53 min | 1 year ago

"jessica silver greenberg" Discussed on KQED Radio

"The weekly and then he told us something else and that's without the lawyer is he said what do you think of David Boies New York times investigative reporter Jessica silver Greenberg was part of the team she'd been thinking hard about the lawyer circling the obscene scandal we were intensely interested in the universe of people powerful man that had potentially enabled abstain and allowed him to continue to allegedly abused women for decades silver Greenberg tells NPR that some lawyers representing its teens accusers were enablers to voice was prominent among the lawyers for Epstein's alleged victims and silver Greenberg says he was already on her radar the times had big ambitions and high hopes for the story again and lease deal on the times TV show that's true this not only could crack open apps teen story but it also might expose how two of America's most prominent lawyers we're talking about plans we keep at it insanity is secret the two lawyers they focused on where David Boies and his friends stand pot injure under exchanged text messages with Kessler the supposed informant in those texts published by the times puncher tells Kessler lawyers could get the friends of Aberdeen we're supposedly on the videos to pay big settlements accusations of sexual misconduct could be kept secret and the lawyers could get hefty payouts on the times TV show and rich presses boys about the text but listen we're trying to understand if there's a way to interpret this other than the way that it looks to us what I'm saying is that these are my text messages okay Boyce says he had no idea what passenger was telling Kessler and rich tells me he thinks that's true the boys had no idea what was in the texts he was visibly surprised to see them and I think visibly upset to see them he says that he did not intend to do with Sam hunter said they were discussing it on and it I think I can given the benefit of the doubt on that puncher told the times even those hypothetical scenarios were made up he told the paper he was trying to get castle to share his material and that he informed the FBI of Kessler's claims none of the stuff the New York times from doing the story or from focusing it largely unvoiced it alternately devoted fifty four hundred words in an hour long TV show to its exposes the reporters relied on Kessler the informant to generate a tale of deceit greed and complicity even though they concluded castle was a wire and though they failed to connect boys directly to wrongdoing what I think is not fair journalism is to somehow imply I was involved in our what was being discussed when the times knows and has the knowledge that I didn't even know about those text messages until they showed them to me NPR sought comment from pot injure four times without success David Boies tells NPR the times wrongly fold him into suggestions of blackmail and fraud and while it is true that the times doesn't explicitly say I was deceitful for them to put that in the article this is about me without making clear that they're not making that allegation about me is I think quite misleading the times reporters can see they have no evidence boys sought to profit now they tell me that doesn't matter they say their story shows what plaintiffs lawyers are doing when they think no one is looking and let's pause to acknowledge why the times found boys newsworthy again Emily Steele and David enrich of the times on the TV show the weekly for a while he was kind of lost it as a modern day Atticus finch.

"jessica silver greenberg" Discussed on KCRW

KCRW

03:54 min | 1 year ago

"jessica silver greenberg" Discussed on KCRW

"The weekly and then he told us something else and this was about the lawyers he said what do you think of David Boies New York times investigative reporter Jessica silver Greenberg was part of the team she'd been thinking hard about the lawyers circling the obscene scandal we were intensely interested in the universe of people powerful man that had potentially enabled abstain and allowed him to continue to allegedly abused women for decades silver Greenberg tells NPR that some lawyers representing its teens accusers were enablers to voice was prominent among the lawyers for Epstein's alleged victims and silver Greenberg says he was already on her radar the times had big ambitions and high hopes for the story again and lease deal on the times TV show trail this not only could crack open apps teen story but it also might expose how two of America's most prominent lawyers we're talking about plans we keep at it and said that he is secret the two lawyers they focused on where David Boies and his friends stand pot injure conjure exchanged text messages with Kessler the supposed informant in those texts published by the times puncher tells Kessler lawyers could get the friends of Aberdeen we're supposedly on the videos to pay big settlements accusations of sexual misconduct could be kept secret and the lawyers could get hefty payouts on the times TV show and rich presses boys about the texts but listen we're trying to understand if there's a way to interpret this other than the way that it looks to us and what I'm saying is that these are my text messages okay Boyce says he had no idea what passenger was telling Kessler and rich tells me he thinks that's true the boys had no idea what was in the texts he was visibly surprised to see them and I think visibly upset to see them he says that he did not intend to do with Sam hunter said they were discussing their own and it I think I can given the benefit of the doubt on that puncher told the times even those hypothetical scenarios were made up he told the paper he was trying to get castle to share his material and that he informed the FBI of Kessler's claims none of the stop the new York times from doing the story or from focusing it largely on boys it alternately devoted fifty four hundred words in an hour long TV show to its exposes the reporters relied on Kessler the informant to generate a tale of deceit greed and complicity even though they concluded Kessler was a wire and though they failed to connect boys directly to wrongdoing what I think is not fair journalism is to somehow imply I was involved in our what was being discussed when the times knows and has the knowledge to that I didn't even know about those text messages until they showed them to me NPR sought comment from pot injure four times without success David Boies tells NPR the times wrongly fold him into suggestions of blackmail and fraud and while it is true that the times doesn't explicitly say I was deceitful for them to put that in the article that is about me without making clear that they're not making that allegation about me is I think quite misleading the times reporters concede they have no evidence boys sought to profit now they tell me that doesn't matter they say their story shows what plaintiffs lawyers are doing when they think no one is looking and let's pause to acknowledge why the times found boys newsworthy again Emily Steele and David and rich of the times on the TV show the weekly for a while he was kind of lost it as a modern day Atticus finch.

"jessica silver greenberg" Discussed on KQED Radio

KQED Radio

15:13 min | 2 years ago

"jessica silver greenberg" Discussed on KQED Radio

"One a one a or send us an audio file with our app one a vox pop we'll share some of your stories tomorrow on one day back now to our conversation with Jessica silver Greenberg of The New York Times defense attorney Joseph Bernard and forensic criminalist yon someone off Jana I love your response to an email from Ron Ron writes I'm an analytical chemist and a product manager for a manufacturer of laboratory reference materials daily I will get a customer who doubts the validity of one of our products because they aren't getting the same value for one of my calibration standards I have to walk through their procedure with them and usually I will find some glaring problem if this happens so often with professionals in the field I shudder to think how often it happens with cops without a professional chemist how're innocent people supposed to defend themselves young well a couple points there yeah that's that's a huge problem but we need to talk about what Joe had mentioned a couple of minutes ago there's a big difference between a calibration which actually corrects the value of a breast testing device back to the factory setting that it should have been a calibration shacks that's done at the police station with an individual breath test they're very different things one is just the Jack so we the unit is never actually calibrated the test subject is blowing into it it's only a calibrated on an annual basis and you know what I've calibrated these devices are used to be responsible for doing that and my own police department and they are difficult to calibrate may drift over and over time it's very difficult to do these calibrations and get them exact it's very difficult for scientists to do certain calibrations and get things exacting you have a police officer a technician at the crime lab do it can certainly be problematic any I just wanna make sure I understand what you're getting at it sounds like what you're talking about verse in this calibration check versus a calibration is the difference between like using a digital scale and you push that button word re zeros and opening the deal to replace the springs right right right and what I mean think about the calibration check is just a verification that things are within acceptable tolerances the acceptable range is a need to be on an annual basis the unit is supposed to go back to the crime lab or back to the manufacturer and a dot particular point it's cleaned adjusted and calibrated again so that it is returned to factory standards what we're finding though in many jurisdictions is that that's an expensive process and so they're simply running the machines down until a malfunction and they fix them once they're broken they're not doing the preventative maintenance on them and the preventative calibration on is the equivalent for you never doing an oil change on your car and driving the thing until it just breaks Jessica you're reporting show that some manufacturers and we should note we didn't fight three manufacturers and talk to me straighter and see a mind to be part of our conversation we either did not hear back or they said they were not able to provide someone so just go according to your report some manufacturers also played a role in these machines being faulty from the outset in some cases models were deemed unsatisfactory by the labs but they got sold anyway how does that work well it we found that it happened on numerous occasions where I think you have to start with me idea that there is no real national standard here so each state I'm decides what its standards are gonna be and how those standards standards are going to be mad so in some instances Washington state comes to mind one of Washington state's owner of scientists looked evaluated a number of machines and said you know what I don't think the Dreger machine is ready for market and then he puts in that recommendation and fast forward a couple of years and this the state his own lab is seemingly overruling his objection and choosing the machine that he deems not fat so some of this is just an oversight problem in that there are not we found that there weren't really strict standards of oversight for how these things are decided and then another thing you have is you have inconsistencies across states so for example we found that Vermont tested one of these machines and said this is you know they kind of they raise red flags they said this is they should not be used this is not good enough to be used in the field but at the same time that they made that decision our other states were using that very same machine and went on to use it on tens of thousands of other tests so it's a it's a it's a question of or it's a problem I have no standard no national standards that are being implemented Jessica I'm sorry just but has there ever been an effort to make a national standard not that I'm aware of no and the manufacturers you asked about the manufactures and they do play a very real role here and in our investigation we found that their role was they fight like hell to make sure that no one no independent experts can actually get inside those machines and see how they work or if they are working correctly and we interviewed to hackers and security experts who one of whom had worked on top secret stuff at Microsoft and he found that the security requirements that Dreger the company whose machines he was looking into the security requirements that Dreger was imposing were far more stringent that even what he had been subjected to at Microsoft so you have a problem here where the manufacturers are saying there's nothing to see here are machines are completely accurate and don't don't take a lock under their hoods children that's that's an issue Joe that might get to how we try to ensure better results when we get to another voice mail we got from another law enforcement officer sharing their experience with breathalyzer here's what Jacob had to say my name is Jake up from Alabama working around law enforcement for over ten years and I'm just like to comment on the story about breathalyzer one thing that you have to bear in mind is that the breathalyzer here the old are improving and that's not working secondly anyone who arrested roads are pretty you are it's going to be subjected to a secondary chest inside of a jail facility of college writer and where they would I be able to have a more accurate yeah outside of that the streets are filled right yes the roadside machinery it would be that secondary layer protection so to speak yes the circuits what alcohol level inside still checking thanks for sharing your thoughts with us Joe your reactions to this idea that there are multiple layers that might help mitigate the possibility of a surely an accurate test the problem with that is every single state now has what is called a per se conviction which means that the on the preliminary breath test the portable press at that that happens on the side of the road doesn't get admitted what occurs is when the when the citizen as far back to the police station and and subject themselves to this machine it's the machine itself it's the result itself that produces a guilty or not guilty the jury instruction that that the jurors will hear is this if you find that the citizens protest was over point oh eight and you believe that to be valid you must not can not you can take it into consideration you must find that the defendant guilty it's a bright line the machine is making the decision and the jury doesn't have any so if you don't have any of that background information we've been talking about the jury is left with this idea that they must according to the judge find that convict a person join us I'm starting relay that is talking about I'm sorry the jury instruction kind of confuses me use you said that if the jury sees a result of point oh eight or higher and they believe that to be valid that they must convict but without any additional information was correct it sounds like what they're basically saying is if you see a blood alcohol level of point oh eight or higher and you understand numbers you have to convict this person like what else would they have any choice right there's no wiggle room and that's the see that's the problem when you get when you get all this push back from the labs in from Dreger you've got judges and prosecutors who who don't buy into this they don't have any of the background information that we spent years out in Massachusetts and Washington and and they're left at the point oh wait the jury hears that and then they're given that instruction that instruction is pretty consistent from California all the way to Massachusetts there there it's call per se it's a bright line if it's always are above convict so it's the machine right yeah and and and I think that was the actual title killed by machine that's the problem Matthew sorry there there's one other point that the the caller made that I think is I'm a big misconception so we've known for many many years that that test given on the road side are finicky they're inaccurate they can be swayed by all different kinds of things they can be swayed by burping by Braff maintenance by hand sanitizers all all different kinds of things can sway those results and the the believe for a long time and what we what we were looking at when we went into this investigation was that even those even though those roadside tests may be unreliable the ones back at the station are the ones that are going to give you the accurate result and what we found in our investigation is that those machines the ones that are supposed to be ultimately reliable that go into the conviction that go into what Joe was talking about those are unreliable as well I'm Joshua Johnson you're listening to one a Matthew emailed I am an officer and at least in my district we don't rely solely on the breathalyzer on scene my training experience says that the breathalyzer number is not evidentiary in court on scene officers with my organization rely on field sobriety test observations of driving behavior and many other factors I would see the D. W. I. cases are complicated and the breathalyzer machine just confirms what we already know which is the presence of alcohol they are not the foundation of good D. W. why cases yon I wonder where you see kind of the future of this sort of metric going earlier this year there were researchers at the university of Pittsburgh that detected a kind of a cannabis breathalyzer that can detect THC which is the psychoactive chemical in cannabis in a driver's breath how if at all do you think that these revelations about alcohol breathalyzer is will affect the way we use this array of machines in the future well you raise an interesting point because what we're learning now about breathalyzer some of us have known for a number of years are certainly going to be president and the new drug detection devices I just had an opportunity as an aside to do a whole series of experiments using does subjects here in Canada who had just consumed cannabis products and we found that we were getting false positives and false negatives on their Dreger drug testing device as well we got false positives for people who would eat a poppy seed muffin OR and drank a particular type of herbal tea CBD oil was also creating a false positive with these devices so even when we're using something that is not less bright as bold in the array they still have an opportunity to have a confounding technologies so young what should we do as were one in our conversation it sounds like currently law enforcement in many places in many states cross your fingers they might or might not know exactly how to tell what's in your body you could end up with a law enforcement agency that just feels like cooking the books or fudging the numbers it was too lazy about calibrating the machine of the officers tired Justin feel like but deck testing again young what are we supposed to do like where we go with this well a couple points Yasser first of all I got a good video evidence in cases I've been involved with where even when the test below zero or under zero eight the officer invalidate sober you Purcell can charges a person with refusing a breath test which in many jurisdictions carries the same penalty number one don't drink and drive sure he has you know jobs are cheaper than Joe Bernard and myself and it is imperative that we keep the roads safe I would suspect that if you've had more than one or two drinks you should not get behind the wheel of a car I don't trust the breast machines that I don't trust the roadside testing devices once you gonna get on that treadmill the officers sometimes get investigative mindset and they're going to find what they're looking for so be really cautious is because my is my first thought my second so ideas it's only through does sanitized disinfectant of the sunshine in an article like the New York times where this raises public awareness to we actually start talking about this and learned at this bedrock of the criminal justice system is not as reliable as everybody has been saying so what about you was wanting now what would you like to see happen from here I think a very simple fixes this I don't think we should be able to use press testing devices as quantification for results to convict people I think it can it can be a screening device to alert and be assisting law enforcement to determine whether there is alcohol in somebody's body but the quantification is the problem and that is what I think needs to change immediately and Jessica where is this going is there any larger effort to try to improve these results set a national standard to do something about this either from the manufacturers or from governments I think some governments have done what Joe was describing which is when they've spotted problems they have realized that the labs they relied on have been ill equipped to properly maintain calibrate these machines and they've taken responsibility from those labs to and shifted them so that they have up to the level of expertise in the level of kind of awareness of what.

"jessica silver greenberg" Discussed on KQED Radio

KQED Radio

04:52 min | 2 years ago

"jessica silver greenberg" Discussed on KQED Radio

"The on the way your report is written it almost sounds like some law enforcement agencies were searching for something to to charge this person with rather than just saying okay you're not over the limit we'll let you go I yeah there's there's one woman I interviewed who I thought had a particularly kind of poignant case that speaks to the callers experience and is very similar but with pretty devastating personal effects the woman's name is Cindy Tyler and she lives in Washington state and she was pulled over on a November night actually almost a year ago today and the road the road she was driving on was pretty icy and Cindy was as she was she was hugging the center line she was trying to avoid the ice and snow that had packed up alongside the road and the officer in his report said that he pulled her over because she was veering into oncoming traffic and we know based on looking at the dashboard camera that that's actually not true at all but he pulls her over and he he asked her to blow into a road side breathalyzer machine so the one with the fuel cell the the one that yon has mentioned in the past and she on that machine blows a point zero nine which is above the legal limit so they take her back to the station and she at this point is hysterically crying because you know she's she's terrified and she does not believe she's drunk or too inebriated to drive and so they bring her back to the station and on the station's machine she blows a point zero six which is well below the legal limit of point zero eight but the officers still charges her there with and D. Y. so she goes and so that's and that's an example of the broadcast was not was not high enough to automatically trigger that drunk driving charge so you also knew that the test was not high enough but charged her with D. Y. anyway yes exactly and and that that does happen because the officers have the liberty to incorporate their own observations and make a charge even if the breath test is not high enough to warrant that charge and then it kind of then the idea is if the person decides to fight it and take it to trial the jury will decide based on the evidence which is the breath test and also the OB Sir officers observations in Cindy's case she wanted to fight it her brother had been killed as a college student by a drunk driver and so she was adamant that she would never get in the car if she was impaired and she it was a point of pride for her that she would not plead to something that she didn't do so she decides to fight it unfortunately for sandy Cindy is a commercial driver so just the existence of that drunk driving charge on her record cost her several jobs and it meant that she couldn't do the thing that she loved which was driving she drove for old age home she drove school buses she drove a dump trucks at one point she just loved being on the road and it took a year for the case to go to trial and when she went to trial she was acquitted but the damage had already been done she'd already lost a job she'd had to move without any income into her motor home and she has she is now on public assistance so the consequences of these tasks can be huge I want to talk about what we do in the future to make these tests more accurate and to ensure that people are getting justice when they are accused of the wind as we continue with Jessica silver Greenberg yon someone off and Joseph Bernard stay with us the clips hello there calling from the very I just wanted to point out that in our state particularly if you refuse a breathalyzer or a blood as you have your license automatically suspended as it you are guilty of a crime and I have to go to court automatically get your life back even if it's found that you were not drug refusing the breathalyzer actively it's almost as if the knitting guild I think this is interesting to point out given the context of the larger and there it accurately thank you.

"jessica silver greenberg" Discussed on KQED Radio

KQED Radio

12:55 min | 2 years ago

"jessica silver greenberg" Discussed on KQED Radio

"Macarthur foundation at mac found dot org this is one a I'm Josh would Johnson were discussing a recent New York times investigation that casts doubt on the reliability of breathalyzer tests we're speaking with Jessica silver Greenberg business reporter for the times who worked on that investigation defense attorney Joseph Bernard and yon someone off of forensic criminalist and the editor of counterpoint journal Suzanne emailed I'm a mother of two teenagers and got an alcohol related O. V. I am that's operating a vehicle impaired and alcohol related O. V. I. a year ago in order to see my children I must use a breathalyzer sold by a private company that sends emails to my children's father documenting my sobriety this device cannot be used within twenty minutes of eating or drinking anything and by the company's admission can produce a false positive this is happened to be on a number of occasions often after drinking soda or eating fruit yon what about that how officers how is it that officers can know with a reasonable degree of certainty that these breathalyzer tests are not only accurate but they're not affected by things that could produce false positives well I want to talk about not only that but also winds comment I mean he is of a police officer who is using these things and I think you introduced me as a forensic criminalist and editor and both of those things but I'm also retired cough and in my policing days I did more than eight hundred breast us as a breathalyzer or in talks laser operator I relied heavily on those devices and the short answer to your question Josh who is that you can't tell if they are properly calibrated the unit will give you a couple of air blanks and they'll do a calibration Jack but we don't know what your speaker blanks are actually truly zero because they are what's called a floating your blank you'll have to define that term what is an airplane okay blank the first thing that happens with the breast machine is that it wants to cast the room where the evidence retest is being done in this doesn't happen at roadside with a hand held devices this only occurs docking station with the big units if you will and what it does is it sucks in a sample of the room air to do two things number one say eight there's nothing in this room that's going to give a false positive result and secondly I'm truly at zero at this particular point I'm good to go I'm cleaned out I'm ready to take of an appropriate breast test sample the problem with the design of these units is that that's a floating zero you can have a particular amount and they will just simply subtracted and say Hey anything less than that we're going to call it is zero and that became a real issue in places like Colorado so the officer takes a look at it is readings takes a look at the zero and the calibration Jackson says Hey everything is working perfectly when in fact behind the scenes they don't know that the calibration could be out in the blinds are reporting accurately Kirk emailed my attorney discovered the officer in my case had completed a form for calibration testing that can only be performed after the suspect has taken the test I had declined the test this discovery only deepened by feelings that from the moment I was pulled over I was being real wrote it and couldn't trust the test that would be used against me technology side the whole process is suspect Scott wrote on our Facebook page in most states you're legally allowed to refuse a breathalyzer test in lieu of a blood test at the station mainly because the latter is way more accurate Joseph Bernard could you respond discuss comment sure so Scott that to start from the back and move forward he's right the gold standard now clearly is a direct test of the blood what we have with the machine is we have an indirect test of the blood most states punish people for a blood alcohol level yet we use a breath testing machine to do that so it's an indirect way to bring a result of the blood alcohol the the the way to test a blood alcohol is to test the blood so he's absolutely right the gold standard here's a gas chromatograph that's how you test blood alcohol it is not with a breath test and scientists will tell you that it is a dinosaur of a machine for the quantification of a result if you want to if you want to have a screen is that a yes or no is there alcohol in the blood stream that's fine but to quantify it with this type of machine it's just not reliable enough and there's too much that can go wrong with all the different parts that are moving in in the machine so he's right I also say this in many states they use the term calibration when it really is not a calibration and yeah I'm can talk about this it's a verification they don't calibrate the machine at a police station they calibrated when they bring it back to the laboratory and perform very very specific good changes and and and fixes of the machine if you well that does not happen at the police station and it only happens with a trained certified lab technician you just could you could you respond to Kirk's email in terms of that form for calibration we got a number of comments from listeners who felt like that it's almost a did not not exactly human error but the human element also factors in terms of whether or not people are cutting corners or they have a vested interest in making it look like the arrest more people than they they actually did just go did you find that your work at absolutely I mean we found that many of the errors many of the problems with these machines stem directly from human error both human error and kind of lax oversight to to return to the to enter both of both questions if you look at something what Wayne said right he is an officer and he's he what he said about you know doing hundreds of these tests and having them all the accurate that he made him he very well believe that that's true and from his perspective it is true but what he doesn't know and what he may not have known is that there can be problems that police officers road side have no idea about and that's what we found in our investigation again and again so once someone at the at the lab level at the police lab level started to take a look at these machines and really scrutinize them it was like a kind of Pandora's box so for example one of the things that we looked into was what happened in Washington DC so you have in Washington DC in two thousand and ten you have this veteran police department police officer who comes into Washington DC and his first kind of order of business the first thing he's going to do is he wants to just has to be in talks allies are machines just to see how they're working and if they're working correctly and he found that the his predecessor the person who oversaw the dead Bret testing program for fourteen years so more than a decade right well more than a decade had routinely entered incorrect data to calibrate the machines which means they had been missed calibrated and they were spitting our results that were at points forty percent too high and that's not something that your average cop on the road side or back at the station would have any idea about so I think I'm one of the things that I think was most revelar Tory about our investigation is that two things can be true police officers can believe that at the road side they're doing everything accurately in everything in their power to ensure an accurate test but that may not matter because they may be using machines that have been programmed and rolled out in correctly from the start Jessica miss calibrating a breathalyzer machine is that legal I well if it's it's it's legal if you do it by error I mean if you're purposefully miss calibrating it that's a whole other story we didn't find evidence of purposeful miss calibration to you know get more convictions what we did find was just human sloppiness we found that there is a wide variety of expertise in the state crime labs in terms of how to actually do this so in Colorado we found for example that they were that the lab there was rushing to meet a deadline to roll out their machines and in order to get everything out and into police stations on time they resorted to kind of clownish haphazard process where they had they called in people with absolutely no scientific expertise they had an intern at one point setting up their machines and the internally testified like he helped his dad you know in the garage fixing various things but he'd never dealt with and with the machine that had the power to put someone in jail and deprive them of their civil liberties so you know it's it's just been a kind of a mass and it's not it's not anyone setting out to purposely miss calibrate these machines or to set them up poorly but that has been the result Joe are their punishments for police officers if it's discovered or or law enforcement agencies if it is discovered that they did not properly calibrate their machines either through intention or through negligence well there is but but not specifically for example in Massachusetts when we discovered this the governor stepped in and shut down the office of alcohol testing and he dismissed the actual director of of the laboratory because as Jessica was saying what's going on here I don't think it's anything somebody's consciously making effort deceive but what's going on is just gross sloppiness and negligence and and with with with out complete transparency what happens is people you know for example in Massachusetts what was going on is when these machines would fail to calibrate they would literally put him up on a shelf going try to calibrate another machine and then they go back to the other machine a day or two later and hope it works and nobody knew that there was problems with the machine so that machine Michael back out on the street test somebody's breath when there was all kinds of in a working problems with it so although there are no specific crimes that are being committed because it's just negligence what happens is the executive office the governor of Massachusetts went in and conducted a very thorough investigation and and reorganize the entire a lab in Massachusetts and actually as I said terminated the director Matt tweeted the caller Wayne is wrong as a twenty eight year member of the regional hazmat team I'm intimately familiar with the test equipment and its limitations they are rarely calibrated correctly and quite often your false positives and negatives we use at least two different technologies to test hazmat materials Kristin rights I had one breath test worked in my favor I knew I was drunk and for some reason I kept blowing zero they said it was environmental interference but since I repeatedly blue zero they had no probable cause and had to let me go let's get to another voice mail from a listener here's what John from two son left in our inbox I was pulled over many years ago and went through that walk trust and everything cast to them but was still arrested and handcuffed taken into the station and given a test done and then talks Aleister which is a breath I passed and they kept me at the station for over an hour telling me to breathe harder because I was close but not inebriated when I finally their test showing that I was inebriated they aborted all of the previous tests I ended up fighting it in court and eventually lost after about six months John thank you for sharing your story with this Jessica some of your reporting also includes people who were kind of an edge case sort of like John but they were still charged with something maybe not charged with what they would have gotten if they had blown point oh eight or above the legal limit but the eight for.

"jessica silver greenberg" Discussed on KQED Radio

KQED Radio

11:56 min | 2 years ago

"jessica silver greenberg" Discussed on KQED Radio

"What point are you too drunk to drive in some states that can turn out to be a trick question not because the standard is fuzzy but because the testing equipment gives results that may not be reliable machines to test blood alcohol content of been around for decades including some small enough to fit on the ignition of your car but a new investigation from The New York Times shows the testing equipment used by many law enforcement agencies is far from accurate people of ended up behind bars over dubious results and possibly others who wore truly drunk have gone free how did this happen and how can we make the system fair joining us from NPR in New York is Jessica silver Greenberg she's one of the reporters behind the New York times investigation Jessica welcome to one act thanks for having me joining us from Belchertown Massachusetts is Joseph Bernard a defense attorney for drunk driving cases statewide Joe welcome thank you very much thank you for having me and with us from Canada in Saskatoon Saskatchewan is yon seven off of forensic criminalistic criminalist helps examine and analyze evidence in criminal cases he's also the editor of counterpoint journal a publication about the intersection between science and the law young glad to have you with us hello and thanks for the opportunity I should note at the outset we did reach out to a number of the big manufacturers of these companies including in talks to meters Draeger and see a mine the either did not respond or they said they were not able to provide someone for our conversation but that invitation stance young let me start with you can you just give us the basics how does a breathalyzer work this thing is a basic answer to that one there's a couple of different technologies that are used in hand held units are used at roadside incorporated single the fuel cell so basically when a person provides a broad sample into the fuel cell device any alcohol that is contained in a press apple generates a small amperage all current it is in turns red by the device as a blood alcohol concentration those units are relatively inexpensive fast and easy to operate and and their use across Canada the United States on a daily basis by police agencies based on the results of that specific tasks that a person will be brought down to the police station where they blow into a more complex and scientifically based evidentiary level instrument it can use a combination of different technologies what is the manufacturing landscape look like in terms of the companies that make breathalyzer I mean they've they've been used in law enforcement for decades and decades right well the news basically since about the nineteen fifties the original breathalyzer that everybody refers to was actually a patented device that was created by a specific corporation they called it the breathalyzer and it's become so ubiquitous that now everything is generically referred to as a breath in North America there are basically four different companies each produced their own versions of a breathalyzer trigger is data master is in talks allies are in talks to me and help me to think of these like you know a for a job or or whatever GM these different manufacturers each use their own software and their own hardware designs to create that evidential level device and your just to be clear I believe I've heard the term breathalyzer in talks Alliser that'll come up in a bit what what's the difference again that's a brand name so it's like saying I drive a Ford I drive a shout and then talks Alliser is manufactured by CMI incorporated and and Alcatraz deserted manufactured by Dreger so they're just different manufacturers for the same sorts of devices Jessica walk us through some of the key findings of your investigation whether one or two big takeaways hi yeah there were so I think the I always like to focus on the things that as reporters surprised us in our investigation because I think those are they tend to be good kind of points to focus on an a in in in in now so I think Stacy and I went into this investigation actually like most people do which is okay these tests are being used in police departments across the country and they're marketed as accurate to the third decimal place so you know if you go to any of the manufacturers and you look at any of their marketing materials they say owner know these things are basically infallible we're supposed to trust these machines as a fait kind of are all knowing infallible they say yeah yes I mean they they may not use the word infallible but they say you know our our technology is is accurate to like point zero zero zero zero zero three you know it's accurate all the way out so what we found though is that that is just false so the machines are actually often unreliable and they generate skewed results whether too high or too low with alarming frequency and the reason I say alarming is because these tests because they are the the centerpiece of so many criminal cases I have an enormous power you know they are used to convince juries to convict and often they are the single piece of evidence that the state has in bringing a drunk driving prosecution so we found that tens of thousands of these tests are actually questionable and what the thing that shocked me most I think what surprised me most is that when problems are found with these instruments the solution has been to throw out years of tests and what that does what that means is that people who were probably most likely drunk so were found to you know with breath test results that were so high that the the level of alcohol in that person's blood as measured by and the machine is really is enough to like put someone into a coma or they should be dead driving at that level of intoxication the some of those drivers are now back on the road because states have had to as a fix to problems with these machines just throw out those people's tests and so when the breath test goes away the conviction often follows we heard from some of you who have had experiences including as law enforcement officers dealing with these breath testing machines here is what Wayne left in our inbox my name is Wayne I'm a law enforcement officer in the Wilmington North Carolina area I had over a hundred and fifty D. W. I. T. U. R. convictions and never once did I have an issue with your talks a lot other instruments no longer called a breathalyzer never once had used field sobriety test in conducting and arrested for DWI do you why and and a hundred percent conviction rate for the D. W. I. T. Y. incidents those in talks Lazar instruments are finely tuned they worked every single time I used them and they work very well so the yeah we're very well in this interdiction we thank you for sharing your story with us Jessica in terms of the machine the machinery being finely tuned what does that mean was what does it take to tune one of these machines so I think Wayne's point is a good one right he's saying that the machines that he used to secure those convictions were finely tuned but that that's kind of a critical point so in order to work correctly the machines have to be properly calibrated and they have to be properly maintained these are these are basically like chemistry sets that are at police departments so if any aspect falls away so if there's a problem in that chain so if they're of miss calibrated if they're poorly maintained as in Massachusetts we we found that Massachusetts was using a machine that had a family of rats that a nested into it or if the one in weight we will but back up right in the machine has a possible they they were the this machine was so poorly maintained Joe could speak to this since he's in it since he's in mass yeah show would you jump in here how do rats nest inside or rationalize okay as lead counsel in this what what I'm hearing is is right on target but I also heard law enforcement isn't that the problem the the attitude of infallibility and the push factor we we received in Massachusetts this is this is the issue and Jessica was was handing out it that there are so many different algorithms in the in the computing of a breath test what happened in Massachusetts was we discovered that the maintenance and calibration of these machines were were being done without protocol that many scientists will tell you and John will tell you how important it is when you calibrate any measurement device any scientific device that there's a particular protocol a recipe to do that and what was going on in Massachusetts unbeknownst to law enforcement unbeknownst to the prosecutors announce to the judges that these machines were being calibrated in one way by technician number one and a different way by calibration in calibration by technician number two we didn't know that in the push back that we receive from trader and the office of alcohol testing was to such a degree that we we weren't supplied over four hundred four hundred failed calibrations nobody knew about Intel we expose that in the discovery requests and as Jessica was pointing out unfortunately what happened what's once we discovered that this was the enormous discovery violation that put potentially twenty seven thousand and that those letters are going on two to three weeks twenty seven thousand breast test cases at risk because of the delicate balance that goes into calibrating these machines are defense lawyers judges and as I say nobody knew that over four hundred times these machines we use when we use the Dreger exclusively in Massachusetts have failed I wanna talk about the we we continue to get these results more accurate and what seems to go wrong in the system as we continue our conversation will get to some of your stories as well I'm Joshua Johnson and you're listening to one a from W. A. M. U. N. N. P. R. from Tallahassee thirty four year veteran of the Florida highway patrol arrested many do you eyes an instrument is just something as a piece of evidence to enter into a quart of all stages verifies what the trooper officer already knows the judges will not enter into evidence the breathalyzer instrument unless it's been calibrated but it goes along with slurred speech inability to do the alphabet stumbling red eyes all the above okay stay safe decide before you drive support for KQ EDT comes from university of California press publishers of American disruptor the scandalous life of Leland Stanford investigative reporter and author Roland a walk will discuss the.