4. Drug Recognition DRE report goes to Supreme Court
The Special Master in State v Olenowski has issued a Report of Findings of Fact and Conclusions of Law regarding the reliability of drug recognition expert evidence. The retired judge/Special Master concluded that DRE testimony is reliable. The reliability is established by the expert testimony presented by the State, which establishes that the DRE protocol replicates generally accepted medical practices for identifying the presence of impairing drugs and their likely identity through a toxidrome recognition process. This testimony has also established that the DRE matrix comports with matrices designed for this purpose and generally accepted and used in the medical field. This testimony has also established that the training DREs receive is comparable to that received by medical technicians and that DREs are thus enabled to reliably apply the protocol. Therefore, by implication, the DRE protocol as a whole and its individual components are generally accepted in the scientific communities to which they belong, namely medicine and toxicology. DRE evidence and the DRE opinion will be tested by cross- examination and the factfinder will ascribe to it such credibility assessments and weight allocations as he or she deems appropriate. The Master wrote: The State has clearly established that the Frye standard for admissibility has been met. Accordingly, based upon the evidence in this hearing, DRE evidence satisfies the reliability standard of N.J.R.E. 702 and should be admissible in evidence. Now, the Supreme Court must decide which portions of the report will be followed.The report can be found at njcourts.gov. and https://www.njcourts.gov/public/assets/smfr.pdf?c=Zhi
5. Next Charity races 10/16 East Brunswick 5k 8:45 am 12k 10:00am RVRR start EB Community Arts Center 721 Cranbury Rd. East Brunswick a well-run RVRR event post-race we sometimes go to Lori’s Lakeside on Farrington Lake, North Brunswick https://runsignup.com/Race/NJ/EastBrunswick/EastBrunswickRoadRaces 10/22SAC Thompson park FALL ADULT XC SERIES 10/22 9am (Longbridge Road entrance) https://runsignup.com/Race/NJ/Holmdel/AdultCrossCountrySeries 10/30 Deal Trick or Trot 10am 11/6 watch NYC Marathon [Ken competed in NY marathon twice] 11/12 River Rock 'N Run Relay More fun: Thirsty Thursday at Edison Elks #2487 October 27 at 7pm Live Band $2.00 domestic drafts, Food for sale Bring a canned food for foodbank and Ken V will buy your first drink. Come out and enjoy the evening Edison Elks #2487 – 375 Old Post Road, Edison, New Jersey 08817 (732) 985-2487 Ken Vercammen and friends may sing the Dion song “The Wanderer” Support the Elks, tip your volunteer bartenders https://www.facebook.com/events/1292587817947289 https://www.facebook.com/bpoelodge2487Edison |