REASONABLE DOUBT—This means No reasonable juror has a single doubt.
Clear and Convincing evidence is not enough!
The U.S. Constitution
The Defense does not need to prove their defenses beyond a reasonable doubt or rebut anything!!!
HYPOTHYROIDISM
It was the government’s job to prove that Hypothyroidism did not affect the FSTs
They did not!
It was the government’s job to prove breath results were accurate. They were actually shown to be unreliable and Dr. Hlastala stated the client’s BAC was 0.04. We have heard no other evidence of a higher BAC.
DOJ Expert
All of his testimony of Catherine’s BAC was based on an assumption… that she was in the post-absorption phase.
We cannot use assume someone guilty.
Further, his own reports show a margin of error of .01 or .02 on 7 of the 10 tests taken around the time of Katie’s test.
The State’s ‘so called’ expert on any matter that helps the citizen accused
The DOJ was given every opportunity to show his neutrality and lack of scientific bias, and this is how he behaved:
Hear no evil. Speak no evil . See no evil.
He brought his own impairment chart
He never showed you the chart by the real authority with a Ph.D. and research to back it up, Dr. Kurt Dubowski.
You now have the Dubowski chart
Pretended he never heard of the breath conversion ratio
Breath-Alcohol x 2100 = BAC
WHAT HAS BEEN PROVED?
DOJ Expert:
N ot a Doctor , no advanced degree, and not employed at any medical school.
She would be out a job if she agreed with Dr. Hlastalla
DOJ Expert has ONE peer reviewed article .
DOJ Expert has not qualified as an expert on breath testing in 30 states.
Only called by prosecutors on breath cases.
THE TESTIMONY IN THIS CASE
Dr. Michael Hlastala:
Breath test not accurate or reliable.
Dr. William Wilson: Catherine only had 2 8 ounce glasses of wine over 4 hours.
Dr. Hlastala says she would have a 0.04 BAC
Katie’s driving: The government never asked why she weaved.
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