Ohio DUI Cops Cheat on Test

A State Highway Patrol cheating scandal involving trooper testing exams for a breath-analysis device has opened the door to potential court challenges in dozens of area cases of DUI convictions, authorities said.

Twelve troopers from the Stark-Summit and Wayne County patrol posts were fired this week, officials in Columbus said, for cheating on a required certification exam for administering the breath tests on suspected drunken drivers.

In Canton alone, city Prosecutor Frank Forchione said Wednesday that letters were being sent to about 70 to 80 defendants informing them of their right to challenge their DUI convictions on the grounds that their breath tests could have been tainted.

”Not every prosecutor’s office is taking this approach,” he said. But he said it is his position ”that in the spirit of fairness, these individuals should be no
tified that the tests used may be invalid.”

Eleven of the fired troopers, including three in supervising positions as sergeants, were from the patrol’s Stark-Summit post, and one was from the patrol’s Wooster post, officials in Columbus said.

Massillon Law Director Perry Stergios said his office has been contacted by one defendant intending to file a conviction challenge and that more could follow.

But Stergios said he will not attempt to notify any defendants about the possibility of tainted breath tests.

”If any defendant has a complaint about how their case was processed,” Stergios said, ”they have the right to come back to court and file a motion to vacate their guilty plea, and we’ll take it on a case-by-case basis.

”I’m all for fairness, but I don’t see where the onus is on us at this point. The case is over,” he said.

Wayne County Prosecutor Martin Frantz said he was aware of the news about the fired troopers, but was out of town and unable to check his court files to determine if any of his jurisdiction’s cases could have been affected.

”We will examine all of our files, look for any cases that might be affected and reopen them if necessary. We’ll do that starting [today]. I just can’t give you names or numbers right now,” Frantz said.

An investigation by the Ohio Inspector General’s Office determined that Trooper Anthony Maroon of the Stark-Summit post ”made copies of his answer sheet” during a renewal exam March 2 ”and shared them with others” during an April 4 exam at the patrol post in Canton.

State investigators said they ”found evidence to confirm that cheating occurred during the exam on April 4,” as well as five other renewal exams from March to October 2007 and April 2 this year.

The troopers fired from the Stark-Summit post were Maroon, Todd Bradic, David Blubaugh, William Hoberg, Shawn Milburn, Sharon Papineau, Justin Smith and Tara Worner. The three sergeants were William Bower, Pamela Gowen and Mark McDonald.

The trooper fired from the Wooster post was Daniel Laubacher.

Patrol Lt. Tony Bradshaw, the agency’s chief spokesman in Columbus, said it was the most troopers ever fired at one time in the patrol’s 75-year history.

Bradshaw said the officers may appeal their firings to an arbitrator.