EVIDENCE TOSSED IN FATAL CRASH CASE
By Gregory J. Lamoureux
The case against a former Burlington Police Officer may now be a little harder for prosecutors to win.
Leanne Werner, 31, of St. Albans, a former Burlington police officer, pleaded not guilty last year to charges of DUI with death resulting and gross negligent driving with serious injury.
The charges came from a July 2015 crash that killed Omer Martin, 74, of St. Albans and injured his wife Jane.
Last week, a judge tossed out a key piece of evidence- the sample of Werner’s blood alcohol level, after the defense argued that it was obtained before the officer was read her Miranda rights.
Defense attorney Frank Twarog filed the motion to suppress evidence, saying that St. Albans Police Officer Keith Cote lacked cause to seek a preliminary breath test at the scene.
Apparently the judge agreed with the defense. The judge’s opinion was filed Wednesday in Vermont Superior Court in St. Albans.
“There were no other corroborating factors suggesting the Defendant was intoxicated at the time Officer Cote requested the PBT,” the judge wrote “She did not have bloodshot or watery eyes. Her speech was not slurred. She did not smell of alcohol.”
The second half of the defense’s request- to throw out all the charges- was denied since the remaining evidence that was obtained after Werner was read her Miranda rights could still be entered into the case.
Documents showed that the St. Albans Officer was going above and beyond when he tested Werner’s BAC due to the fact that he didn’t want it to appear that he was treating Werner easier than any other person of interest.
“The officer was not entitled to violate the Defendant’s rights in order to show she was not receiving special treatment.” the judge wrote in his decision.
If convicted, Werner could see up to 15 years in prison for the DUI fatal charge, and another 15 years in prison for the gross negligent driving charge.
A July 12th court date has been set in the case to determine the makeup of the jury in the case.
