MOUNT VERNON — Hearings have begun in a Skagit County courtroom in a trial that could affect hundreds of drunken-driving cases across the state as attorneys question the validity of results from breath tests.
The case stems from an investigation that led to the resignation in July of Ann Marie Gordon, manager of the Washington State Patrol’s toxicology lab in Seattle, after allegations were made that she had signed sworn statements saying she personally checked that breath-test machines were working properly, when others may have conducted the checks.
It was also recently found that a spread sheet contained a miscalculation that slightly boosted breath-test results.
Defense attorneys argue the DUI cases should be dismissed or some evidence suppressed because of the problems at the toxicology lab. Prosecutors argue that even if there were problems, the reliability of the tests was not affected.
The Skagit County trial includes motions to dismiss 51 drunken-driving cases.
Spokane: Protection for worm denied
The federal government said Tuesday that a petition to protect the giant Palouse earthworm as an endangered species does not contain enough scientific data to conclude that such protection is warranted.
The petition seeking threatened or endangered status for the rarely seen worm — which can grow as long as 3 feet and spit at attackers — was filed on Aug. 30, 2006, by environmental groups.
“We share the petitioners’ concern for the species,” said Susan Martin, supervisor for the U.S. Fish and Wildlife Service Office in Spokane. “While we will not be initiating an in-depth status review at this time, we will continue to cooperate with others to monitor the species.”
The decision upset conservationists, who blamed the Bush administration.
“Given that the earthworm has been seen only three times in the last 40 years despite considerable survey, the Fish and Wildlife Service’s decision is utterly ridiculous and flies in the face of common sense,” said Noah Greenwald, biologist with the Center for Biological Diversity.
“At the very least, the extreme rarity of the earthworm and substantial threats to its habitat warranted further study,” he said.
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