On July 1, 2016, the Prosecuting Attorneys' Association of Michigan (PAAM) sent out a letter notifying prosecutors' offices across the state that Michigan State Police Forensic Science Division (MSP) would send a list to each prosecuting agency of their affected cases. (See attachment.) The letter informs PAAM that: "4001 items (statewide) of its most recently analyzed alcohol cases had been processed in part using an incorrect calibration model." MSP has reportedly reprocessed those 4001 statewide cases using the "correct quadratic, inverse calibration model."
On August 8, 2016, after having not yet received a list of affected Wayne County cases, my staff took proactive measures and directly contacted the Michigan State Police Forensic Sciences Division. On August 9, 2016, the Michigan State Forensic Sciences Division sent us a list of 402 cases that "involved Wayne County police departments."
After an extensive review by my office, it is our best determination at this time that approximately 89 of the 402 cases on MSP's list are being or were prosecuted by the Wayne County Prosecutor's Office. It is important to note that because many alcohol-related cases are prosecuted by local city attorneys the municipalities in Wayne County, they will have to determine if their cases could be similarly affected. We are currently in the process of locating the municipal attorneys and will be sending out the list to city attorneys and Detroit Corporation Counsel.
On August 16, 2016, my office received a copy of the original report and corrected report on these cases. Today, Letter A has been sent out to attorneys representing defendants with corrected results from MSP along with the original report, and the MSP Toxicology Unit Letter. (See attachment.) Letter B will go to attorneys that had cases that MSP determined has unchanged results along with the original report, the reprocessing letter indicating the results were unchanged, and the MSP Toxicology Unit Letter. (See attachment.) Since we are prohibited from directly contacting represented individuals, attorneys should share this information their clients.
Prosecutor Kym Worthy said, "We will work cooperatively to resolve any issues that arise from the information received from the Michigan State Police Forensic Services Division. If you have any questions or concerns please contact our Appellate Division at 313-224-5790."
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