Jefferson Co. Attorney says DUI cases will be looked at individually after breathalyzer officer lied under oath
LOUISVILLE, Ky. (WDRB) -- A Metro Corrections officer has been suspended and accused of actions that could affect hundreds of Jefferson County DUI cases. County Attorney Mike O'Connell says each case involving the Metro Corrections officer will be looked at individually.
In court video dated July 21, Officer Liliana Hernandez admitted to defense attorney Paul Gold that she lied when she said under oath his client had refused a breathalyzer test. Surveillance video from the breathalyzer lab showed he did not refuse.
Metro Corrections Director Mark Bolton then suspended Hernandez and says she's a witness in over 200 pending DUI cases. O'Connell says that doesn't mean that every DUI case she was involved in will be dismissed or is in jeopardy. He says each case will be looked at on a case by case basis.
"I don't think you get to wheelbarrow that in on every single case where this woman takes the stand unless there is a factual basis where the issue of her credibility comes into play," O'Connell said. "If it truly does, then yes, I think you'll be allowed to cross-examine her."
"I have been doing this for over 40 years as a prosecutor, a defense lawyer and a judge," Gold said. "This is the first time I have ever seen this."
Gold sent a letter to Bolton two weeks ago that got Hernandez banned from the breathalyzer test lab. Gold cites several incidents where Hernandez didn't follow guidelines, like failing to observe defendants for 20 minutes before giving a test. All of it was caught on camera.
The case has now been given to LMPD, which will decide whether to pursue criminal charges. Metro Corrections officials say there's also an internal investigation.
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