V~ Tllti 5/~~T f b ` !. 'W 7. S State ofNew Jersey Cf-IRfS CHRI$'PIG Governor KIM GUADAGNO Lieutenant Governor• CHRISTOPHER S. PORRINO OPfICE OP'I'HE AT'CORNEY GENERAL. DGPAR"1'MIN'C OP LAW AND PUL3LIC SA~GTY ~1cling flttorney General DIVISION OI' CRIMMAL JUSTICE E~~c Hor,ic '1'Rr:N~roN, NJ 08G25-0085 'I"et.e•.rHotv~: (G09) 984-6500 Director i~o pox oas September 19, 2016 The Honorable Glenn Grant, J.A.D. Administrative Office of the Courts Hughes Justice Complex 25 W. Market Street P.O. Box 037 Trenton, New Jersey 08625 Re: Request for Notice to the Bar and appointment o1' Special Master Dear Judge Grant: Earlier today, the Division of Criminal Justice filed criminal charges against New Jersey State Police Sergeant Marc Dennis, who formerly was a coordinator in the State Police's Alcohol Drug Testing Unit ("ADTU"). The criminal complaint charges Dennis with third degree Tampering with Public Records, N.J.S.A. 2C:28-7 and fourth degree Falsifying or Tampering with Records, N,J.S.A. 2C:21-4. In sum.and substance, the State alleges that, in his capacity as an ADTU coordinator, Dennis failed to use a NIST-traceable digital thermometer to test the temperature of liquid simulator solutions prior to starting the actual calibration of Alcotest 7110 MKIII-C units ("the Alcotest instrument"). Use of a NIST-traceable thermometer prior to starting the actual calibration of the Alcotest instrument is park of the re-calibration process that was established by the Chief Forensic Scientist of the State Police, consistent with N.J.A.C. 13:51, and that was adopted by the New Jersey Supreme Court in State v. Chun, 2007 N.J. Lexis 39 (2007).' As background, the Office of Forensic Science included the preliminary NIST-traceable thermometer step in New Jersey's calibration procedure not because of scientific necessity but rather for a practical purpose — to confirm that the liquid simulator solutions are within the accepted temperature range before the coordinator initiates the actual calibration. This preliminary step is distinct from the actual calibration, in which the temperature of the liquid simulator solutions is measured independently by a black key temperature probe connected to the instrument, separate and apart from the NIST-traceable digital thermometer. If the black key temperature probe confirms that the temperature of the liquid simulator solutions is within the Ne~vJe~xey Lt Air ligrrul Opporhrnery li~upinyer !'rinsed v~r Recycled Paper and is Recyclubfe ~~`"°"~, ^ .„. (.~ 7'M~aN- Page 2 The State charges in the criminal complaint that, despite having failed to use the NISTtraceable thermometer prior to calibration of the Alcotest instrument, Dennis falsely certified that "[pJursuant to and consistent with the current `Calibration Check Procedure for the Alcotest 7110MKITT-C' as established by the Chief Forensic Scientist,Iperformed a calibration check on the approved instrument identified on this certificate." The State alleges that this failure occurred during the calibrations of three specific Alcotest instruments, which were subsequently used in evidential breath testing in a total of two cases before those particular instruments were taken out of service. The breath test results were not relied upon in reaching the disposition of these two cases. We have notified defense counsel in those cases of the circumstances described in this letter. The State recognizes that —regardless of scientific necessity —use of the NIST-traceable thermometer is a required procedure that was adopted by the Supreme Court in State v. Chun. The State therefore anticipates that additional legal challenges may be filed regarding the results of any Alcotest instrument that had been calibrated in the past by Dennis. As a coordinator for over seven yeaxs, Dennis calibrated Alcotest instruments in Middlesex, Monmouth, Ocean, Somerset, and Union Counties. The State has identified 20,667 individuals who provided evidential breath samples on those instruments. The attached thumb drive contains a cou~lty-bycounty listing of these cases. This listing includes personal identifying information and accordingly should be handled confidentially. Given potential legal challenges and the underlying scientific nature of any potential challenges, the State respectfully requests that the Supreme Court issue a Notice to the Bar and appoint a Special Master to handle any litigation arising from the circumstances set forth in this required ranges, the Alcotest instrument records that temperature on the resulting printed reports. If the black key temperature probe records that the temperature of the liquid simulator solutions is not within the required ranges, the Alcotest instrument will end the calibration and will give an error message. In other words, the black key temperature probe ensures proper calibration of the Alcotest instrument, regardless of the use (or non-use) of the NIST-traceable digital thermometer. Page 3 letter. The State believes that appointment of a Special Master will best serve the ends of efficiency and uniformity in addressing these potential cases. Very truly yours, ie Honig Director, Division of Criminal Justice cc: Joseph Krakora, Public Defender Steven Somogyi, Assistant Director, Municipal Court Services Division Andrew Carey, Middlesex County Prosecutor Christopher Gramiccioni, Monmouth County Prosecutor Joseph Coronato, Ocean County Prosecutor Michael Robertson, Somerset County Prosecutor Grace Park, Union County Prosecutor