But by G.L.c. 221, § 91B, inserted by St. 1965, c. 585, a defendant having the wherewithal may provide at his own expense for attendance of a stenographer and later for a transcription. Commonwealth v. Shea, 356 Mass. 358 (1969). Under the reasoning of the Transcript Cases, the defendants here are entitled to some comparable facilities at public expense so far as needed for adequate review of right of final judgments of conviction, and the fact that these are prosecutions for misdemeanors rather than offences of higher grade should not deprive them.
While the officer's lack of training to perform a field sobriety test may not render his testimony inadmissible, it clearly bears on the weight of his testimony. See Commonwealth v. Shea, 356 Mass. 358, 361 (1969) (denying motion to strike officer's testimony after evidence of his lack of knowledge and skill in administering breathalyzer tests was demonstrated on cross-examination) Where an individual is harmed by inappropriate, inadequate or negligent training of police officers, the appropriate remedy lies in a direct suit against either the supervising authority or the municipality under the Massachusetts Tort Claims Act, see e.g., Dobos v. Driscoll, 404 Mass. 634, cert. denied sub nom.
"On this evidence there was 'sufficient basis for finding, as a preliminary question of fact, that this witness was qualified to testify as an expert' and that the procedures employed were performed properly and reliably. Commonwealth v. Shea, 356 Mass. 358, 361 (1969). Therefore, the defendant's various attacks alleging infirmities in the performance of the testing or the skill or knowledge of the witness go only to the weight of the evidence, not to its admissibility.
Id. at 19. Commonwealth v. Shea, 356 Mass. 358, 361 (1969). However, if the judge makes a preliminary finding of fact that the scientific evidence is sufficiently reliable to be admitted, evidence attacking its reliability can be considered by the jury in determining the weight to be accorded the scientific evidence.
On this evidence there was "sufficient basis for finding, as a preliminary question of fact, that this witness was qualified to testify as an expert" and that the procedures employed were performed properly and reliably. Commonwealth v. Shea, 356 Mass. 358, 361 (1969). Therefore, the defendant's various attacks alleging infirmities in the performance of the testing or the skill or knowledge of the witness go only to the weight of the evidence, not to its admissibility.
Commonwealth v. Gorman, 356 Mass. 355, 357-358 (1969). Commonwealth v. Shea, 356 Mass. 358, 359-360 (1969). See Commonwealth v. Pappas, 384 Mass. 428, 430 n. 2 (1981).
Such an arrest would appear to eliminate the need for prompt issuance of a citation for driving while under the influence of alcohol. See G.L.c. 90, § 21; Commonwealth v. Shea, 356 Mass. 358, 360 (1969). We need not reach the issue, however, since we decide that the defense offered by G.L.c. 90C, § 2, is not available to the defendant in the circumstances presented in this case.
The landlord did not exercise his right to employ a private stenographer. See G.L.c. 221, § 91B; Commonwealth v. Shea, 356 Mass. 358, 360-361 (1961); cf. Blazo v. Superior Court, 366 Mass. 141, 146-154 (1974) (right of indigent defendant). We have reviewed the tape, and conclude that it brings before us an account of the events sufficient to allow us to evaluate the landlord's contentions.
Moreover, the refusal to grant a new trial automatically when the transcript is unavailable is consonant with the approach adopted in our own decisions involving transcripts. Our cases have stressed the importance of a transcript in preparing for and reviewing an appeal, see Blazo v. Superior Court, 366 Mass. 141, 149 (1974); Commonwealth v. Shea, 356 Mass. 358, 361 (1969), and we hold today, see Charpentier v. Commonwealth, post 80 (1978), that in a case subject to G.L.c. 278, §§ 33A-33H, an indigent is entitled to a complete, rather than a partial, transcript when that transcript is available. However, we have not automatically granted a new trial simply because the transcript was not available.
In misdemeanor cases, not felony-connected, stenographers are not routinely provided, although a nonindigent defendant could arrange for one and later for a transcript under G.L.c. 221, § 91B. See Commonwealth v. Shea, 356 Mass. 358, 360 (1969). Relying on the principles of Griffin v. Illinois, 351 U.S. 12 (1956), and the long line of transcript cases which followed, this court in Blazo v. Superior Court, 366 Mass. 141, 151 (1974), held that at a misdemeanor trial, an indigent defendant has the right on request to have a stenographer record the proceedings.