A state coverup & 27,000 do-overs

Also: New sunlight into title insurance fees; Air Force suspends two Mass. commanders over leak [Donate ❤️]( [View in Browser](  April 27, 2023 ☁️ Mostly cloudy, with a high near 57 and scattered showers in the afternoon. Good Morning Boston, Gov. Maura Healey's new portrait is looking [very Gardner Museum-y](. Here's what's in our picture today: - Twenty-seven thousand. That's how many people may be eligible for a do-over after pleading guilty or being convicted of drunk driving in Massachusetts. It's due to a new ruling by the state's Supreme Judicial Court in a case that has been simmering for years. WBUR's Deborah Becker [reports that the state's top court found that officials covered up the extent of the problems with the breathalyzer machine used in Massachusetts](. - Which cases? The ruling applies to all cases between June 1, 2011 and April 18, 2019 in which results were used from the Draeger Alcotest 9510 breathalyzer — an estimated 27,000 cases. - Wait, so were all of the results faulty? No. In fact, there weren't calibration issues with the breathalyzer tests in most of the cases. However, since investigators later found that the state crime lab withheld evidence showing the problems were more widespread than they said, Justice Frank Gaziano wrote that all of those defendants had their due process rights violated. - What now? Those who pled guilty or were convicted of DUI based on breathalyzer evidence can withdraw guilty pleas or ask for new trials. (The state has [more info on that process here]( In other words, their cases won't be automatically dropped, but those breathalyzer results can't be used in any future prosecutions. - Zoom out: As of 2021, most Massachusetts district attorneys [had stopped using breathalyzer test results]( due to reliability concerns. - Boston officials will begin removing tents from the area around Mass. Ave and Melnea Cass Boulevard again next week. Mayor Michelle Wu's office says they choose to let the encampments be during the winter due to concerns about the wellbeing of unsheltered individuals. - But with the weather warming, the city is now asking individuals in the Mass. and Cass area to voluntarily take down their tent before the city does it for them starting on Monday. The new effort comes after the city [cleared out a large encampment in the area in early 2022]( only to see crowds [return later that summer](. - City officials are also offering help [connecting people with free shelters]( substance use treatments, relocation, and storage options. - The Healey administration is considering asking the state government's major vendors to disclose their carbon emissions. WBUR's Barbara Moran reports it's an idea modeled after [a recently proposed rule by President Joe Biden's administration]( to encourage more climate-friendly business. - How it works: The rule would apply to a diverse array of contractors used by the state for everything from cement and steel, to food and water. Massachusetts’ [climate chief]( Melissa Hoffer told Moran the rule would ask companies about its current carbon footprint and plans to reduce emissions in the future. "It's something that we're reviewing carefully," she said. - Boston's newly dubbed Melvin H. King South End Academy (formerly the McKinley schools) didn't just get a new name yesterday. Students also got a promise from Wu that the city will soon renovate the aging four-school complex, [as WBUR's Max Larkin reports here](. - Looking ahead: Wu said the renovation planning will begin with an "inclusive design process" starting in the coming year. - Looking back: The fact that the schools are still standing is in part thanks to their new namesake. David Russell, a veteran McKinley educator, said King forcefully spoke out against a BPS plan to demolish the complex in 2016. “A colleague of mine and I had the same thought at one point; we looked at each other and said, ‘We’re not going anywhere,'" Russell recalled. - Speaking of renovations: Wu announced yesterday that the city is looking to "rebuild and reimagine" White Stadium in Franklin Park by leasing out the 78-year-old stadium to a private operator. The 10-year lease would give the operator license to use the stadium for a set number of events each year, if they agree to rehabilitate the stadium for BPS athletics and park visitors. P.S.— Both the Bruins and Celtics are now headed back down south for Game 6s, after failing to close out their series at home. Following last night's [overtime loss]( the Bruins will try again Friday night to clinch their series against the Florida Panthers. Meanwhile, the Celtics have their own away Game 6 tonight against the Atlanta Hawks. (Sorry for [the inconvenience]( Janet Jackson fans.) Nik DeCosta-Klipa Editor, Newsletters [Follow](  Support the news  The Rundown [Air Force suspends 2 commanders as suspected leaker due in Worcester court]( Jack Teixeira, the suspect behind the document leak at the Otis Air National Guard Base in Cape Cod, is expected to appear in federal court in Worcester Thursday for a hearing. [Read more.]( [Air Force suspends 2 commanders as suspected leaker due in Worcester court]( Jack Teixeira, the suspect behind the document leak at the Otis Air National Guard Base in Cape Cod, is expected to appear in federal court in Worcester Thursday for a hearing. [Read more.]( [Mass. real estate lawyers must disclose pay from title insurance to homebuyers]( Lawyers also must get written consent from clients on those fees — well before closing day, when homebuyers are facing a thick stack of mortgage papers. [Read more.]( [Mass. real estate lawyers must disclose pay from title insurance to homebuyers]( Lawyers also must get written consent from clients on those fees — well before closing day, when homebuyers are facing a thick stack of mortgage papers. [Read more.]( [As Sudan's conflict continues into its second week, here's what to know]( With fighting continuing between rival generals, thousands are fleeing the country and embassies have shut. U.N. Secretary General António Guterres warns the violence may spread to other countries. [Read more.]( [As Sudan's conflict continues into its second week, here's what to know]( With fighting continuing between rival generals, thousands are fleeing the country and embassies have shut. U.N. Secretary General António Guterres warns the violence may spread to other countries. [Read more.]( [Boston Public Schools release new details on proposed elementary school mergers]( The presentation by Boston Public School officials Wednesday on two proposals to merge schools in Dorchester and Roslindale was meant to give the public and families time to understand their options. [Read more.]( [Boston Public Schools release new details on proposed elementary school mergers]( The presentation by Boston Public School officials Wednesday on two proposals to merge schools in Dorchester and Roslindale was meant to give the public and families time to understand their options. [Read more.]( [Montana House votes to formally punish transgender lawmaker, Rep. Zooey Zephyr]( Republicans in the Montana House have voted to formally punish Democratic state Rep. Zephyr by banning her from attending or speaking during floor sessions. She will be allowed to vote remotely. [Read more.]( [Montana House votes to formally punish transgender lawmaker, Rep. Zooey Zephyr]( Republicans in the Montana House have voted to formally punish Democratic state Rep. Zephyr by banning her from attending or speaking during floor sessions. She will be allowed to vote remotely. [Read more.]( Anything Else? - From a dance battle in Boston, to a folk fest in Lowell, to a new floral exhibition at the Museum of Fine Arts, explore [our arts and culture team's five weekend recommendations to send off April](. - The list also includes the Independent Film Festival Boston at Somerville, Brattle and Coolidge Corner theaters. Check out [a preview of the fest's fare]( from our film critic Sean Burns. - Lexington native Amanda Palmer announced her divorce from husband and author Neil Gaiman last November. Now, Jim Sullivan writes that the musician is [relaunching herself with a lineup of concerts]( — beginning this weekend at the Wilbur Theatre. (Meanwhile, Gaiman is [debuting his own music album]( - April is National Poetry Month. To mark the occasion, New Hampshire Poet Laureate Alexandria Peary [writes in this commentary]( about the genre's special capacity to engage with uncertainty and stillness: "Let's honor words and the moments between them."  What We're Reading 📚 - This prolific Globe commenter attacks city councilors — from a shared council account ([The Boston Globe]( - As Rail Profits Soar, Blocked Crossings Force Kids to Crawl Under Trains to Get to School ([ProPublica]( - I’m the Guy Who Did John Mulaney’s Infamous GQ Interview ([GQ](  Tell Me Something Good [Q Division Studios reopens 18 months after closing]( The recording studio — which has hosted legendary artists like Yo-Yo Ma, Wiz Khalifa and the Pixies — spent 20 years at its Davis Square location before the pandemic hit. Now, it's reopening in Cambridge. [Read more.]( [Q Division Studios reopens 18 months after closing]( The recording studio — which has hosted legendary artists like Yo-Yo Ma, Wiz Khalifa and the Pixies — spent 20 years at its Davis Square location before the pandemic hit. Now, it's reopening in Cambridge. [Read more.]( Listen: The Common looks at [the efforts to make translation services more accessible in a Massachusetts school district]( where nearly half of families speak a language other than English at home. Play: [WBUR's daily mini crossword.]( Can you keep your streak going? Before you go: The House is in recess... which means [it's time for an alpaca session](. 😎 Forward to a friend. They can sign up [here](. 📣 Give us your feedback: newsletters@wbur.org 📧 Get more WBUR stories sent to your inbox. [Check out all of our newsletter offerings.]( Support the news   Want to change how you receive these emails? Stop getting this newsletter by [updating your preferences.](  I don't want to hear from WBUR anymore. 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