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Thursday, May 08, 2008

Defense: Sobriety Tests Fumbled

By Laura Nesbitt
Mountain View Telegraph
      The results of breath tests administered to the former Estancia school superintendent Bruce Peterson were allowed by District Judge Matthew Reynolds at Estancia District Court on April 29.
       According to the criminal complaint, State Police officer Dean Carroll pulled over a car driven by Peterson on N.M. 41 south of Moriarty at 1 a.m. on March 8, 2007.
       Peterson was the Estancia superintendent since 2001, and he was placed on indefinite paid administrative leave by the Estancia School board on March 11, 2007. He resigned two days later.
       He was found guilty of DWI in Torrance County Magistrate Court on Oct. 12 and appealed his case to the 7th Judicial Court in Estancia.
       On Tuesday, Reynolds said there was probable cause, which allowed the state to proceed with the non-jury trial.
       Deputy District Attorney Tim Cornish played most of a 10-minute videotape taken from Carroll's vehicle, asking Carroll what field sobriety tests were administered.
       Defense Attorney Jason Alarid said Carroll used the wrong tests that were not age appropriate because Peterson was 67 at the time, and claimed that the officer changed the manner that the tests were required to be administered.
       “This officer admitted that he didn't give the field sobriety test in accordance with his training,” Alarid said.
       While describing the tests, Carroll started to mention a blood-alcohol content.
       Alarid immediately shot up from his seat.
       “I move for a mistrial,” Alarid said.
       Reynolds said he had not heard what Carroll said and allowed the case to continue.
       Alarid then said that because Carroll had left Peterson alone in the police vehicle, Peterson could have “burped and messed up the test.”
       Apparently, if Peterson had regurgitated any food there was a possibility that the results of any ensuing Breathalyzer test might have been compromised if enough time had not passed between the test and the event.
       “So the question is, did he burp in 20 minutes? People silently burp all the time. In other words, how is any officer going to get any kind of DWI conviction?” Reynolds said.
       Cornish argued that a second Breathalyzer test was administered by Carroll about 1:50 a.m. and was admissible.
       Reynolds asked Carroll to give the results of the tests.
       “The first time he blew a 0.13 and the second time he blew a 0.12,” Carroll said.
       The legal limit for alcohol impairment in the state is 0.08.
       “The state rests,” Cornish said.
       Although Reynolds said he had doubts about the tests administered to Peterson, he said in the video it appeared Peterson had slurred speech.
       “It does show consciousness of guilt that he had an open container that he was trying to hide,” Reynolds said.
       In the next few weeks, the defense plans to bring in an expert witness to challenge the sobriety test results.
       Peterson said he would make a comment regarding the case “when this is all over.”
   

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