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AG Nessel: 2 breath test technicians faked repair records

James David Dickson
The Detroit News

Michigan Attorney General Dana Nessel announced felony charges on Friday against two breathalyzer technicians who she alleges faked repairs and diagnostic tests on two machines.

Andrew Clark, 53, of Oxford and David John, 59, of Kalamazoo are two of the three technicians Intoximeters Inc. assigned to its contract with Michigan State Police for maintenance and repairs on 203 Datamaster DMT breathalyzer machines across the state.

Michigan State Police's Breath Alcohol Program says it found problems when conducting a routine review of records early on Jan. 2, Nessel's statement said. They issued a stop order on the Intoximeters contract on Jan. 7.

More:Michigan State Police finds flaw in breath alcohol testing, suspends contract

State police Lt. Michael Shaw told The News at the time that “we noticed some issues with the vendor that was responsible for maintenance and auditing the DataMasters around the state," stopped the order and set up a unit to assume its responsibilities. 

A roadside preliminary breath test device, left, and a DataMaster DMT breath alcohol test instrument. Two employees of a firm that did maintenance and repairs on two Michigan police departments' DataMaster instruments face felony charges.

More:Michigan State Police uncover 'potential fraud' with breath alcohol testing

"It is alleged that two of Intoximeters Inc.’s three technicians — Andrew Clark and David John — created fictitious documents to show they completed certain diagnostic tests and repairs on two DataMaster instruments for which they had responsibility for calibration and performance," Nessel's statement said.

One device is at the Beverly Hills Police Department in Oakland County, the other at the Alpena County Sheriff's Office.

Clark faces six felony charges: two counts of forgery of a public record, two counts of uttering and publishing, and two counts of using a computer to commit a crime.

John faces nine felony charges: three counts of forgery of a public record, three counts of uttering and publishing, and three counts of using a computer to commit a crime. 

"Those who hold positions of trust and responsibility at any level within our overall system of justice must be held to a high standard," Nessel said in the statement. "When that trust is betrayed, it is incumbent upon my department to ensure accountability on behalf of the people of our state."

Michigan State Police Col. Joseph Gasper, said in the statement that "we are confident that a properly calibrated and maintained DataMaster remains an extremely reliable instrument."

The Datamaster machines were certified for use and went back into service in late January. 

More:State police: Breath alcohol devices back in service

Since Jan. 10, state police personnel have assumed the maintenance duties. On April 9, the state officially canceled its contract with Intoximeters.