 The state comptroller's office had likewise found in a 2014 audit that of the out-of-service violations it issues, no written record of repair existed for 40 percent and another 25 percent were filed later than the mandated 15 days after the violation.Some had even filed certifications later found to be false.Mallery appended the full report on the causes of the crash by prosecution expert Brian Chase to her October 2019 response to the defense motion to dismiss the charges.