LOUISVILLE, KY (WAVE) - Attorneys want evidence suppressed against the woman accused of driving drunk when she hit and killed an 11-year-old boy last summer. They are going after both statements and blood tests. Suppressing the evidence could mean big problems for the prosecution.
Angela Baumia is now charged with his murder, drinking and driving, and disregarding a stop sign among other things. Baumia was leaving her father's house in Fincastle on June 26th when she hit and killed 11-Year-Old Dylan Geitgey.
In court her attorneys argued that some of her statements to police shouldn't be used.
"When I had smelled something on her breath, which smelled like alcohol, I asked her if she had been drinking," said LMPD Traffic Officer Buddy Van Cleave. "She said she had had a couple of drinks before she had started the operation of her vehicle."
Their conversation was cut short when she found out he was a police officer.
"She told me her dad told her to never f***ing talk to the police and to go "F" myself and I said OK, and that was the end of the conversation between any of us," said Van Cleave.
The defense asked and several times if Van Cleave had identified himself as a police officer.
"At that time, no," said Van Cleave. "I wasn't even in uniform."
The prosecution argued that Baumia wasn't being arrested and was able to go home from the hospital.
"Obviously there needs to be Miranda warnings if there's custody and interrogation," said prosecutor Leland Hulbert. "There was neither in this case."
As for the blood tests, Van Cleave said he gave her the consent form, but did not read it to her or tell her she had the right to an attorney. The defense questioned if the hospital and doctor were working together to get the blood tests done earlier than was legal.
"I think it's clear that the doctor and the nurse knew that what they were doing was assisting the police in giving a blood draw before he had to go get the warrant and then come back an hour or so later," said defense attorney Elgin Crull.
The prosecution disagreed.
"To state that the doctor was trying to help the police when in fact he was doing it for medical purposes - if they want to say that the doctor was lying on the stand I completely disagree," said Hulbert. "They have to decide what kind of medications to give her."
Judge Brian Edwards will rule on those motions next week.
Edwards is also considering the prosecution's motion to delay the trial for a month or two because of the numerous charges, but more importantly because they are waiting on lab results and an expert to analyze them.