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DA blames breath test flaw for dropped OUI vs. pols’ pal
Boston Herald ^ | 12/21/2006 | Boston Herald

Posted on 12/21/2006 4:45:09 PM PST by Gay State Conservative

The Bristol County district attorney yesterday defended throwing out OUI charges against a politically connected socialite who flunked four sobriety tests and two breath tests, blaming red tape for blocking prosecutors from getting the Breathalyzer report.

“This case could not be proven beyond a reasonable doubt,” said DA Paul F. Walsh Jr.

Walsh’s office dropped OUI charges against Suzanne Magaziner last week despite a police report alleging that she twice blew .12 on the Breathalyzer, which is above the legal limit of .08.

But Walsh said his prosecutor, Roger Ferris, decided he had little chance to win the case, mainly because the DA’s office couldn’t get reports proving the accuracy of the breath test machine used in the April 4 arrest.

Another factor was that Magaziner had no prior OUI charges, he added.

State police refused to comment on the case.

Magaziner, 54, is a key fund-raiser for Gov.-elect Deval Patrick. Her husband Ira worked with Patrick in the Clinton administration. Asked whether the woman’s political ties played a role in his decision, Walsh replied: “I voted for Tom Reilly and I voted for George Bush. I don’t know Deval Patrick and I don’t know Bill Clinton and neither of those guys called me.”

According to state trooper Brian McKenna’s report, Magaziner was “swerving” and admitted she drank “two glasses of wine” at a Providence restaurant about two hours before she was pulled over about 11:30 p.m. on Interstate 95 in Mansfield.

McKenna reported she was slurring, had an “odor of alcoholic beverage,” and had “bloodshot and glassy” eyes.

She was also “uncooperative,” refusing five times to allow him to handcuff her. On the ride from Mansfield to the Foxboro barracks, she asked McKenna “approximately 20 times” if he could “just give her a warning,” the report states.

At the barracks, Magaziner refused to empty her pockets and repeatedly refused to enter a cell. After she was bailed out a few hours after the arrest, she reportedly berated the officer.

“Magaziner took it upon herself to begin lecturing me about abuse of power and made comments regarding my children,” McKenna wrote. Magaziner did not return calls.

The case doesn’t sit well with Ron Bersani, whose granddaughter Melanie Powell was killed by a drunk driver in a case that inspired tougher OUI laws.

“It disgusts me,” Bersani said. “It certainly appears to me that the case should have gone forward and that really concerns me.”

Tim Burke, a state police union attorney, added: “Certainly the case on its face deserves to be heard before a judge or a jury.”


TOPICS: News/Current Events
KEYWORDS: abovethelaw; clinton; clintonaidscharity; clintonista; clintonlegacy; corruption; donutwatch; doublestandard; judicialtyranny; liberalagenda; suzannemagaziner
The magaziners are Clintonistas from way back and Mrs Magaziner is plugged in with one of the RATS' rising stars,Deval Patrick,who's Governor-elect of Massachusetts.
1 posted on 12/21/2006 4:45:13 PM PST by Gay State Conservative
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To: Gay State Conservative

I'm a bit confused.
What is a oui charge?
Is that when you accuse someone of being French?


2 posted on 12/21/2006 4:51:28 PM PST by Repeal The 17th
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To: Gay State Conservative
Anyone who had a DUI with an equal or lesser BAC in that jurisdiction should file an Equal Protection (discrimination) complaint....(is that possible?), and get their record expunged, too.

This special treatment of politico's is a joke.

3 posted on 12/21/2006 4:52:48 PM PST by traditional1
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To: Gay State Conservative
Just another case of Massachusetts Democrats, justice for thee but not for me ideology.
4 posted on 12/21/2006 4:54:11 PM PST by rocksblues (Do unto others as they do unto you!)
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To: Gay State Conservative
Ira Magaziner's wife... LOL!

He is currently CEO of SJS Advisors, a consulting company. Simultaneously, Magaziner is Chairman of the AIDS Initiative and Chairman of the Clinton Foundation Policy Board at the William Jefferson Clinton Foundation.

5 posted on 12/21/2006 4:55:00 PM PST by operation clinton cleanup
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To: Gay State Conservative

Taxachusetts Dems Uber Alles


6 posted on 12/21/2006 4:55:10 PM PST by spanalot
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To: Repeal The 17th

Ha - but its operating under..


7 posted on 12/21/2006 4:55:47 PM PST by spanalot
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To: Repeal The 17th
I'm a bit confused.What is a oui charge?

OUI=Operating (a motor vehicle) Under The Influence

8 posted on 12/21/2006 4:57:45 PM PST by Gay State Conservative ("The meaning of peace is the absence of opposition to socialism."-Karl Marx)
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To: rocksblues
Just another case of Massachusetts Democrats, justice for thee but not for me ideology.

Ted Kennedy fully supports this fine example of compassionate justice here in the Commonwealth.

9 posted on 12/21/2006 5:00:10 PM PST by Gay State Conservative ("The meaning of peace is the absence of opposition to socialism."-Karl Marx)
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To: Gay State Conservative

The stench from Massachusetts can be smelled four states away. Magaziner is a notorious Clintonista and could be crawling out from under many rocks during the 1990's.


10 posted on 12/21/2006 5:02:17 PM PST by FormerACLUmember
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To: Gay State Conservative

As does the traitor JFnK.


11 posted on 12/21/2006 5:03:02 PM PST by rocksblues (Do unto others as they do unto you!)
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To: Gay State Conservative
Massachusetts has different OUI rules for the criminal elite class of crooked democrats. They drive without penalty for their intoxicated mental states:


12 posted on 12/21/2006 5:05:13 PM PST by FormerACLUmember
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To: Repeal The 17th

OUI- Driving while reading a 70s porn mag. Bubba may have been cited for that one once or twice while driving his El Camino.


13 posted on 12/21/2006 5:05:16 PM PST by weegee
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To: Gay State Conservative; All
According to state trooper Brian McKenna’s report, Magaziner was “swerving” and admitted she drank “two glasses of wine” at a Providence restaurant about two hours before she was pulled over about 11:30 p.m. on Interstate 95 in Mansfield.

Extraordinary wine, to have her swerving and slurring on two glasses.

14 posted on 12/21/2006 5:06:00 PM PST by dighton
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To: FormerACLUmember

I seem to recall in the late 1980s a Democrat in Congress (possibly state) for Massachusetts who had a suspended license and applied for a got an out of state license (Vermont?).


15 posted on 12/21/2006 5:06:46 PM PST by weegee
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To: dighton
Extraordinary wine, to have her swerving and slurring on two glasses.

Wine always does that when you chase it with 10 year old wild turkey.

16 posted on 12/21/2006 6:02:53 PM PST by org.whodat (Never let the facts get in the way of a good assumption.)
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To: Gay State Conservative
"Another factor was that Magaziner had no prior OUI charges"

And it doesn't look like she's ever going to get any, either, as long as she stays in Massive2shitts. DOH.

17 posted on 12/21/2006 6:42:40 PM PST by Past Your Eyes (Do what you love and the ridicule will follow.)
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To: Gay State Conservative
It feels

so good!!

to have escaped my

"Massachusetts exile"!!!

:-)

18 posted on 12/21/2006 8:01:51 PM PST by TXnMA ("Allah": Satan's current alias...)
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To: Gay State Conservative

Total BS. In Massachusettes if you are powerful you can behave however you want. No wonder the Kennedy's act the way they do. No one is ever held accountable.


19 posted on 12/22/2006 12:03:40 AM PST by MovementConservative (Known by love.)
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