Attorneys argue validity of blood samples in DUI murder case - wave3.com-Louisville News, Weather & Sports

Attorneys argue validity of blood samples in DUI murder case

The driver of the white jeep was killed when the black jeep hit it head-on, according to police. (Source: Julian Glover/WAVE 3 News) The driver of the white jeep was killed when the black jeep hit it head-on, according to police. (Source: Julian Glover/WAVE 3 News)

LOUISVILLE, KY (WAVE) – A judge is expected to take one more week to determine validity in motions filed in a murder case involving a woman charged with killing a man on the Watterson Expressway.
 
Allison Moseley was 21 years old in August, 2015, when police said she was driving the wrong way on the Watterson Expressway, and hit and killed Cody Beard. Her charges include murder, DUI and wanton endangerment.
 
Moseley appeared in court Thursday morning for a pretrial hearing with plans to file a motion regarding blood work and oral arguments on previously made suppression issues. However, due to a schedule conflict, her attorney was unable to appear.
 
On Friday, the attorneys made another appearance, filing their desired motions.

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Allison Moseley sat next to her attorney, Rob Eggert, to review the filing of a motion to suppress evidence one month before trial.
 
Her attorney argued that blood vials with Moseley's name on them to be used as evidence in her upcoming trail were unlawfully drawn, claiming her Fourth Amendment rights were violated. Because she suffered two broken arms and a broken femur during the crash, her attorney argued involuntary consent was obtained by police when Moseley signed the consent form before going into surgery.
 
Eggert also argued lack of probable cause for a warrant that he said was issued after her blood was drawn. He said emergency responders didn't report the smell of alcohol while on scene.

Assistant Commonwealth's Attorney Kristi Gray argued the consent was valid. She said a police officer and EMT smelled alcohol on scene and saw beer pitchers in Moseley's car and claimed that was sufficient probable cause, in addition to reports of her driving the wrong way on the Watterson.
 
"She drove head-on into oncoming traffic at a high rate of speed," Gray said.
 
Gray added that details about the alcohol odor was reported after emergency responders arrived at the hospital and argued that is routine when someone is rushed away from a scene.
 
The prosecutor also said the blood vile being obtained as evidence is one drawn by hospital staff for medical use, arguing validity of the timeline that the warrant was issued.
 
Eggert said the blood vials do not show record of a date or time obtained and don't show the name of the collector.
 
"That is supposed to be admissible in a murder case?" Eggert asked.

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The prosecutor said the Commonwealth does have documentation on the blood samples.
 
Moseley's blood alcohol level registered at .207, according to Gray.
 
Ultimately, Jefferson County Circuit Court Judge Angela McCormick Bisig said she will make a ruling of suppression within one week.
 
As a part of her HIP program, Moseley is allowed to attend school and medical appointments, according to Gray, who went on to say that she has evidence and witness statements to prove Moseley has been visiting unauthorized places, such as restaurants and other residences while she is supposed to be elsewhere.

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Gray filed a motion to raise Moseley's bond and have her arrested.
 
Eggert said he wasn't made aware of the specifics regarding the HIP violations allegations until Friday, and requested more time to review them in order to make a valid argument.
 
The judge honored Eggert's request by scheduling another hearing regarding the claims, on March 31.
 
Moseley's trial is scheduled to begin April 11.

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