Every day I question police officers in courtrooms around the Commonwealth and I believe that most are honest and professional while on the road and on the witness stand. However, there are always a few bad apples and one in particular is finally becoming exposed. Trooper Kathleen Carney has long been a “player” in the business of Operating Under the Influence enforcement as she makes no bones about the fact that she works as many road shifts and sobriety checkpoints as possible resulting in substantial arrests and court time.
As an attorney specializing in Massachusetts drunk driving defense, many of Trooper Carney’s arrests end up on my desk and her pattern of conduct reported by my clients is clear and unequivocal. Now it looks like others are noticing. For reasons that are not yet clear, Trooper Carney has been taken off the road and stripped of her weapon. Just days before her “modified duty” was released, I questioned Trooper Carney under oath regarding any suspensions, disciplinary action or internal investigations to which she offered a denial on all suggestions.
Admittedly, I can not prove whether she commited perjury in her denials….yet. But as reported in the Patriot Ledger, it may be that the State Police and/or the Norfolk County District Attorney are looking into that possibility. It seems that the day after her testimony in my case, the Norfolk County District Attorney reported that she would not be permitted to testify in future cases and in fact a case in Quincy District Court in which she was present to testify was dismissed for reasons not discussed even with the defense attorney.
I have always been an advocate for the videotaping of OUI investigations on the road and in the booking rooms as the Commonwealth’s reliance on officers’ opinions as the sole basis for convicting a citizen of Operating Under the Influence is inherently problematic. As we all know, opinions are subjective and vulnerable to influence and bias on many levels. In addition, while most officers are as honest as possible while testifying about their observations, they view the world through a partial lense (at least while on duty).
Let’s not overlook the fact that OUI enforcement can be big business for law enforcement. While I do not know the details of Trooper Carney’s source of income as a state trooper, I do know that she claims to be in court as a witness nearly five days a week. Her court time, coupled with her road shifts, leaves her little time for details which tells me that when the Boston Herald reports her base salary of $70,000 exploded to $187,152 in 2007, she is making a killing by making arrests.
Remember this….her subjective opinion regarding a citizen’s ability to drive is clearly influenced by her ability to make money. She gets paid for appearing in court whether the citizen is convicted or acquitted. This fact is also ignored by MADD when they recognize her and other officers for their relentless pursuit of drunk drivers. We continue to read the statistics issued by MADD and the State Police regarding the increased number of OUI arrests every year, yet the statistics regarding conviction rates are no where to be found. Perhaps if the local and state police, along with MADD, took a look at the merits of the arrests, Troopers like Kathleen Carney would have been discovered long ago and our justice system would not have been infected by this virus.
Tags: Massachusetts Drunk Driving Defense, Massachusetts OUI lawyer, OUI
Ed
What is your point? Are you saying your client was sober when arrested or are you saying this trooper’s motivation is financial in nature. Regardless of the trooper’s motivation, why don’t we focus on the conduct of the defendant (your client)who puts your family, my family and everybody else’s family in harms way when they decide to drink and drive. Let’s just get your client out of court without taking any responsibility for his or her crime so he or she can repeat their behavior and most likely hurt someone the next time. Happy Holidays-
Counselor, as you well know, almost all of the people you represent are guilty. It really is that simple.
You and your colleagues exploit the weak drunk driving laws in Massachusetts. Let’s put you in a state that allows breath test refusals, sobriety test refusals and preliminary breath tests at trial- Then let’s see what your scorecard looks like. You’d be the king of the plea bargain.
I have no doubt that you won’t post this.
“Let’s not overlook the fact that OUI enforcement can be big business for law enforcement”
Seriously Ed, I know that your an educated professional with a law degree, from where again? But please, OUI is big buisness for the defense attorney. The cop makes a few hundred bucks in overtime perhaps if the case even goes to trial. So lets look at the big picture here. You probably at a minimum get $2500 retainer and if it goes to trial another $2500-5000? You know that I am right. Big business for you. Cop makes maybe at most $500 in overtime for an OUI. You pocket a minimum of $2500.
So, 10 OUI arrests for the cop = maybe $,5000 if all go to trial,(never happens)
10 OUI defendants for an attorney = $25,000 profit minimum.
Who is the money maker here? Your blog is a joke! Typical lawyer……lies lies lies.
Ed
Thank you for your efforts. I agree with you wholeheartedly, this trooper is out of control. She exercises extreme methods, mostly against women. In one one case she shackled an innocent female friend of mine to a bench in a state police barracks where other officers actually stated “I cannot unshackle you from that bench as i am not the arresting officer” she is a discrgace to commonwealth of Massachusettes.
Peter
Carefee -
I appreciate your comment but direct you to the point of the blog which was the trooper’s brazen disregard for the law. While there are many articles that could be written, and have been written, on the perils of drinking and driving, this article addressed a different peril….an abuse of power. When a citizen’s liberty is left to the sole discretion of a trooper and that trooper acts unlawfully, we should all be concerned. If defense attorneys like myself were not in the courtrooms keeping a check on the government then we are all at risk.
Just as the drunk driver is the exception and not the rule, the lawless cop is also the exception but can not be tolerated. Do you truly believe that the police should not be held accountable even if the citizen is breaking the law? If you do, please be advised that the lawless cop will act lawlessly when the citizen is not breaking the law. What you should know in this particular case is that my client, the citizen, assented to a breath test and was below the legal limit.
Ben Lavine
You are certainly entitled to demand tougher drunk driving laws, but I don’t write the laws, I ensure that everyone’s rights are protected under them. I certainly agree that protections such as the exclusion of breath test and field sobriety test refusals are critical to protecting rights against self incrimination and the exclusion of inaccurate preliminary breath tests protect against unjust convictions based on unreliable evidence.
However, regardless of what the legislature determines the laws to be, I will continue to protect a citizens rights under those laws. If I believe those laws infringe on our civil liberties as citizens of this country, I will fight to keep those laws in check with our rights under the Constitution.
In a future blog I will address your concerns regarding the strength or weakness of our drunk driving laws, but the point of this entry was to make readers aware of the reality and dangers of police officers who act based on their own personal belief of what a citizen’s rights should be and disregards what the people have determined the laws to be.
Great Job Ed,
Its amazing how many police cars have cameras, and how many of those cameras don’t work, especially for DWI arrests.
… A crooked cop goes to the very heart of the judicial system..
BTW : have you ever noticed, you never see cops getting arrested for DWI. Ever… I’m sure they have a stressful job, especially keep all those lies straight , but I’ve never see a cop arrested for DWI (maybe one in Quincy a few years ago - but thats it.) Great job
David -
Thanks for your comment. Actually, you would be surprised at how few video cameras are out there. The police used to videotape the booking area of the police station, but most departments have even eliminated that practice. Turns out the video was rarely consistent with the officers description of the driver. It certainly is the most reliable evidence and the police choose not to provide it.
It is interesting how infrequently you hear about police officers being arrested for OUI. Although a Brockton officer was fired just last month after being convicted of his second offense.
Once again most people miss the point or don’t want to admit it.
She LIED, once a liar always a liar.
Once a cop commits perjury and is caught there career should be over.
Our system relies on the honesty of investigators, regardless of her reasoning she committed Perjury in this case and who knows how many others. Either do the job right or go away.
arney is a disgrace and the state police know it. Maybe the state police could do the right thing and fire her, but we know that won’t happen in Massachusetts; home of the corrupt.