MARBLEHEAD — A Salem Superior Court judge yesterday ordered that an alleged five-time drunken driver — found with a pint of vodka in his lunchbox — will remain in custody until trial.
Judge Timothy Feeley called it "certainly disturbing" to learn that Melvin McKenzie, 50, who was on probation for his fourth offense and had lost his license for 10 years, was driving to work with a bottle of vodka.
"This is somebody who has not addressed the underlying issue," said Feeley, who rejected a request by McKenzie's lawyer to release the Marblehead man on an electronic monitoring bracelet.
McKenzie, of 213 Washington St., was on his way to work the night shift at a Danvers store on the evening of July 12 when a Marblehead patrolman spotted his BMW speeding on Atlantic Avenue.
The patrolman made a U-turn and began following McKenzie, then stopped him after seeing him swerve near some trees near Lafayette Street.
McKenzie insisted he'd had nothing to drink since waking up that day, but police suspected McKenzie, whose license had been revoked for 10 years following a 2007 drunken-driving conviction, was under the influence.
The officers were able to complete just one field sobriety test, however, an eye exam, before McKenzie became uncooperative. He later refused a Breathalyzer test.
Prosecutor Christina Ronan said that in the Peabody case two years ago, McKenzie registered a .38, which is nearly five times the legal limit. Ronan told the judge that McKenzie, who served a year in jail for that offense, still has another 18 months hanging over his head, on top the 31รขÑ2 to six years he is facing if convicted in the new case.
Ronan noted that the vodka was the only item in McKenzie's lunchbox.
"There are no conditions that can reasonably assure the safety of the community" if McKenzie is released, Ronan said.
McKenzie's lawyer, public defender Mark Schmidt, argued that while the law allowing judges to deny bail in some cases has been found constitutional, "I disagree. It allows for speculation, surmise, conjecture and all manner of guesswork."
Schmidt said his client was driving that night only because his wife had woken him up late and he missed the bus he usually takes to his job.
He said McKenzie managed to negotiate four intersections before he was stopped and said he should be released. Schmidt also said that McKenzie's wife is disabled.
But Feeley, who has routinely released drunken-driving suspects on electronic monitoring, said this case was different because McKenzie has a "very recent record of failing to comply with court orders," including an order not to drive. "Any orders I impose today, is he going to disregard them?"
The judge scheduled a trial for McKenzie for Dec. 14, noting that despite the record, which won't be used against him at trial, the new case is "triable," given the lack of a Breathalyzer and just one field sobriety test.
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