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Commonwealth v. Johnson9/4/2003
Evidence, Hospital record, Hearsay, Scientific test, Learned treatise, Medical record, Judicial notice. Controlled Substances. Motor Vehicle, Operating under the influence.
Bristol.
May 13, 2003.
Complaint received and sworn to in the Attleboro Division of the District Court Department on September 18, 2000.
The case was tried before Gregory L. Phillips, J.
A District Court jury found the defendant guilty of operating under the influence of cocaine, a narcotic drug, G. L. c. 90, § 24, and illegal possession of a class B substance. See G. L. c. 94C, § 34. On appeal, the defendant contends that the trial judge erred in (1) admitting portions of his hospital record containing an unreliable rapid urine screen test; (2) allowing the prosecutor to cross-examine the defendant with "The Pill Book" (pill book) and admitting the pill book in evidence; and (3) denying motions for required findings of not guilty. He also contends that a State trooper's testimony as to the meaning of certain abbreviations in the defendant's hospital record creates a substantial risk of a miscarriage of justice.
Because we agree that admission of the hospital record amounts to prejudicial error, we reverse the defendant's conviction for operating under the influence of a narcotic. We affirm the conviction for illegal possession of a class B substance.
Background.
In the light most favorable to the Commonwealth, we recite facts that the jury could have found, reserving further details for discussion in connection with the specific issues raised. See Commonwealth v. Cortez, 438 Mass. 123, 124 (2002). Enroute from Charlestown to the Foxwoods Casino in Connecticut, the defendant drove his motor vehicle off Route 495 for no apparent reason. The car left no skid or brake marks on the road and eventually came to rest about 150 feet off the road in heavy brush, which prevented the defendant from opening the car doors.
State Trooper Matthew Roy arrived at the scene and observed the defendant standing on the operator's seat with his head and torso protruding through the car's open sunroof. Roy observed the defendant behaving erratically. The defendant's pupils appeared constricted. He seemed confused and disoriented. His answers to questions were unintelligible; he seemed to answer questions that were not asked.
The Mansfield fire department removed the defendant from the car and escorted him to an ambulance. The defendant told Roy that he did not know how the accident happened or where he was. The defendant thought it was around 1:00 A.M. on Saturday morning when, in fact, it was 9:30 P.M. Treating medical personnel observed the defendant to be disoriented and confused, with slurred speech. Roy found several Altoid breath mints and a bag containing .54 grams of cocaine in the weather stripping that surrounded the sunroof opening where the defendant had been observed standing.
The defendant was taken to Sturdy Memorial Hospital for treatment. There, medical personnel administered tests that included a rapid urine screening test. The test results were recorded in a discharge summary report that noted a negative reading for alcohol but positive readings for cocaine, phencyclidine, and benzodiazepine. The record of the test in question states prominently: "THIS TEST IS A RAPID SCREENING SYSTEM FOR DRUGS OF ABUSE IN URINE. A SECOND METHOD MUST BE USED TO OBTAIN A CONFIRMED ANALYTICAL RESULT." The hospital record also noted that the defendant denied drug or alcohol use, and that upon neurological examination at 10:50 P.M., his speech was clear, he was "awake, alert, oriented to time" and had a steady gait.
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