PAX Centurion - January / February 2013

Page 18 • PAX CENTURION • January/February 2013 617-989-BPPA (2772) Legal Thoughts: Thomas Drechsler, Esq. Byrne & Drechsler, L.L.P., Counsel to Members of the Boston Police Patrolmen’s Association G reat story that went viral on YouTube about the NYC police officer buying a pair of boots for the “homeless” barefoot man. How often are the good deeds of professionals and public ser- vants, such as police officers, overlooked by the public and the media? It is nice to see themedia focus for a change on a personwho did some- thing out of the goodness of his heart.All too oftenwe read about the misdeeds of police officers, lawyers, doctors, politicians and the like. If you simply read the papers orwatchedTVitwouldal- most seem as if the vast majority of the good deeds performed by such individuals never occurred. It was a nice happy holiday story and good for that officer. What the public doesn’t see is themany good, fine, heartfelt gestures that police officers extend to citizens every day. All too often we don’t focus on the positive things in our professions and in our lives. Joy and good health for yourself and your family, being employed at a job which brings such satisfaction and helps so many people, realizing that there are always those who are worse off than us and being happy to make a meaningful contribution to the well-being of society. We have all recently heard and read about the drug analyst accused of falsifying thousands of drug test results at the state lab. The cost of that type of misbehavior goes beyond dollars. There is also both a moral cost and a financial cost to the criminal justice system as a result Happy NewYear (a little late) of the squandered honest efforts of police officers, prosecutors, defense attorneys, judges, probation officers and court personnel, who worked to fairly adjudicate cases that now have to be readdressed. Misconduct by a chemist is not the fault of any of those diligent participants in the criminal justice system.Yet it is society and the justice system that pays the price for any misdeeds by another cog in the wheel. What is interesting about the Dookhan saga is that it seems as if, so far, the scrutiny has all been on the analyst her- self. I have not seen a lot of scrutiny or criticism directed towards the hierarchy of the state lab or the bureaucracy which was supposed to over- see it. For example, I have not seen a whole lot about how and why it was that the state did not supervise the lab closely enough to detect suchmisdeedswhen theyfirst occurred. Why is it that the higher officials were unable to prevent these events? One thing you may rest assured about is if that type of systematic failure occurred in the Boston Police Department, or any police department, every police officer would be targeted and the subject of a full-onmedia assault.Who is supposed to prevent this type of thing from happening? OK, OK, so the Holiday Season has passed but here is the drug lab saga sung to the tune of Hark the Herald Angels Sing : Hark the drugs lab’s all askew Fake analyses through and through Cases blown for a time span Let the villains off the van If the police were at fault Media would full assault But, when it’s the state’s snafu All of us must pay what’s due Hark the drugs lab’s all askew Taxpayers it is all on you By the way, the unfortunate post-script to the NYC police story was in USAToday which reported that the “homeless”manwas observed in short order back on the city streets barefoot without the hundred dollar boots. He claimed that he had hidden them for safekeeping and then expressed a desire for a piece of the pie because his photo was posted online without his permission. It was later reported that he was not homeless at all but lived in a publicly subsidized dwelling. Isn’t there always a scrooge out there to spoil a good story? Oh well, it doesn’t change the good intentions of the police officer andhis fine holiday spirit. So from Ken Anderson and all of us here at Byrne & Drechsler we wish you, as always, a safe, happy and healthy NewYear. As always the most important thing is to be careful and safe.