Commonwealth v. Ananias Update

On January 18, 2018, Attorney Bernard was in the Concord District Court dealing with the discovery violations that impact the entire state and every breath test throughout the Commonwealth. The Concord District Court is home-base for the statewide breath test litigation case of Commonwealth v. Ananias. At this hearing, the Judge agreed that the Commonwealth committed discovery violations. On January 22, 2018, Attorney Bernard then went to the Office of Alcohol Testing to continue the investigation of the discovery violations by the Massachusetts State Crime Lab. This is an ongoing investigation that Attorney Bernard has had the opportunity to be a part of lead counsel in while maintaining his own DUI cases with his clients. The next hearing for Commonwealth v. Ananias will be held on February 15, 2018, in the Concord District Court again. On February 15, 2018, a scheduling order will be developed for a hearing on sanctions.