By Elaine Thompson TELEGRAM &
GAZETTE STAFF
ethompson@telegram.com
FITCHBURG— A veteran Northboro police detective, on leave the past eight months after being arrested and charged with driving under the influence of alcohol, was found not guilty in Fitchburg District Court yesterday.
Officer James F. Scesny, 38, of Clinton, has been on leave since his arrest in May after an early morning crash in Clinton that injured the officer and his girlfriend. He was charged with driving a motor vehicle under the influence of alcohol, negligent driving of a motor vehicle and marked lanes violation.
At a short bench trial yesterday, Judge Andrew L. Mandell found him not guilty of the driving under the influence of alcohol charge and not responsible for the marked lanes violation. For the negligent driving charge, the officer was placed on probation until March 4 and ordered to pay $200 in court costs and a $50 victim witness assessment.
At yesterday’s court session, instead of setting a date for a jury trial as was expected, the officer’s lawyer, Michael H. Erlich, waived the jury trial and opted for the bench trial, which is decided by a single judge. Mr. Erlich said the decision by a Clinton District Court judge two weeks ago to allow his motion to suppress the results of his client’s blood alcohol level, led to his decision to “go jury-waived.”
“He had some time constraints relative to his duties as a police officer. In light of that, we tried to push the case as quickly as we could,” Mr. Erlich said. He said the last eight months have been emotionally draining for Officer Scesny and he’s looking forward to resuming his 15-year career with the Northboro Police Department.
“Those days are behind him and I’m sure he’s looking forward to serving the people in Northboro as he has for so many years,” Mr. Erlich said. “I’m assuming, based upon a not-guilty finding, that he would be allowed to rejoin the Northboro Police Department.”
Northboro Police Chief Mark K. Leahy could not be reached for comment yesterday.
Officer Scesny was arrested at Clinton Hospital after a 2 a.m. accident on May 13 on Main Street near the fire station. When police arrived they found the officer’s 1993 Chevrolet pickup truck with heavy front-end damage after it hit a utility pole. The officer was bleeding from a cut tongue, blood around his mouth and scratches on his arms and legs. His girlfriend, Janice M. Wrzesinski, of 491 South Meadow Road, Lancaster, suffered cuts to her forehead.
In his report, Clinton Police Officer Richard B. Welch wrote that both Officer Scesny and Ms. Wrzesinski smelled of alcohol. He added that the detective’s eyes were glassy, his speech was slurred, and he was unsteady on his feet while walking to the ambulance. Mr. Scesny asked police what he had hit, and whether Ms. Wrzesinski would be OK.
Blood tests taken at the hospital revealed that the officer’s blood alcohol level was .168, more than twice the .08 legal limit.
Clinton District Court Judge Martha A. Breenan, on Jan. 18, allowed a motion to suppress results of the blood alcohol test. The case was then moved to Fitchburg District Court because the Clinton court does not have a jury trial system. Gregg Bertonazzi, a special prosecutor from outside the district, was brought in.
In his motion, Mr. Erlich wrote that after the accident the officer did not consent to any medical treatment and that blood taken and tested for ethanol content was not related to Officer Scesny’s course of treatment.
Furthermore, Mr. Erlich argued, results of the blood tests taken by the hospital staff are protected health information, according to the Health Insurance Portability and Accountability Act of 1996, and that the officer did not knowingly or voluntarily consent to the testing at the direction of the police. Mr. Erlich also said no chain of custody of the blood sample was established.