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Judge to decide on use of evidence in Haskins case
By: Becky Orr
LARAMIE - A district judge will hear arguments Monday over whether to exclude from evidence a blood sample taken from a University of Wyoming student accused of killing eight student athletes.
The motion to exclude the blood sample was filed by Michael Krampner, the attorney representing Clinton Haskins. The document is one of eight motions Krampner filed that are scheduled to be heard at 9 a.m. Monday before Albany County District Judge Jeffrey Donnell.
Haskins, of Maybell, Colo., faces eight counts of aggravated homicide by vehicle in the Sept. 16 deaths of eight UW student athletes.
Monday's hearing will consider all motions filed by Nov. 14, said Tori Kricken, Donnell's law clerk.
Prosecutors contend that on Sept. 16, Haskins' 1995 Chevrolet one-ton pickup hit a Jeep Wagoneer carrying the eight cross country runners head-on. All students in the Wagoneer died at the scene of the crash on U.S. 287, 17 miles south of Laramie.
Albany County prosecutor Cal Rerucha contends that Haskins was intoxicated at the time of the crash. A blood sample taken from Haskins at 3 a.m. Sept. 16 shows he had a blood alcohol content of .16, above the legal limit of .10, Rerucha said.
But Krampner said the blood was drawn illegally, and Haskins did not consent to it. Krampner wrote that the sample is not permissible under a privacy statute that forbids release of health information by a hospital or hospital employee.
In a response filed Nov. 29, Rerucha wrote there was probable cause for the blood sample to be taken.
Rerucha wrote that emergency workers and law enforcement officers detected a "strong odor of alcohol" on Haskins' breath shortly after the crash. There was probable cause for Wyoming Highway Patrol Trooper Dave Rettinger to believe that Haskins had committed the crime, Rerucha said in court documents.
Rerucha's motion said Wyoming law allows a doctor to take a blood sample over a defendant's lack of consent.
The blood sample is not protected because it was not drawn as part of a doctor-patient relationship, Rerucha wrote. "It was given to law enforcement for testing as evidence," Rerucha wrote.
Krampner also filed a motion to move the trial outside of Laramie because of publicity.
But Rerucha responded in a motion that numerous articles have been written about the crash throughout Wyoming.
Krampner filed a motion to suppress evidence collected from the pickup at the scene of the crash. His motion states that the search warrant was improperly done and that the officers' search went beyond the scope of the warrant.
Rerucha replied in a motion that the warrant met constitutional requirements, and the search was properly done.
Another motion filed by Krampner seeks to exclude the following items from evidence:
n Information that Haskins' license had expired. Krampner said Haskins forgot to renew it and that it had not been revoked or suspended.
Rerucha said in a document that the information is admissible because it shows Haskins did not have a valid license and should not have been driving.
n Three cups found in Haskins' pickup, referred to as keg cups by a Highway Patrol officer.
Krampner wrote there is no evidence to show what the cups had been used for or what they contained.
Rerucha replied in a court document that cups that would indicate Haskins had been drinking would be relevant.
n Characterization and advocacy of the officers. Krampner maintains in court documents that Rettinger was biased and that he and another Highway Patrol officer gave opinions favorable to the prosecution during previous testimony.
Rerucha responded that he could not answer the question because Krampner offered his own opinion of Rettinger's demeanor on the witness stand. Such questions could be clarified during jury instructions or by objections to the court, Rerucha wrote.
n Haskins' past alcohol violations. Krampner wrote that they did not involve driving.
Rerucha countered that they show Haskins previously lied to officers and could be used for impeachment.
Rerucha filed a document saying he may call up to 16 witnesses.
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