District Judge Trish Rose took under advisement a defense motion to suppress the blood evidence of a 42-year-old Halstead man charged with involuntary manslaughter.
The defense attorney for Troy Meitler believes law enforcement didn’t have consent from the defendant to take blood while he was at a Wichita hospital because he was unconscious. The state argues that the Highway Patrol troopers took the blood citing state statute that requires blood be taken when there is an accident resulting in serious injury or death.
This case against Meitler is a result of a fatality accident back on February 10, 2011. He also faces trial on charges of aggravated battery and DUI.
Meitler apparently crossed the center line with his vehicle and struck the vehicle driven by 49-year-old Brian Bush head-on. Bush was killed instantly, while 50-year-old Annette Bush who was a passenger was badly injured and taken to a Wichita hospital where she later died, but apparently not as a direct result of the accident. The accident occurring on U-S 50 at Salem Road, 3-miles west of Abbyville.
Defense Attorney Greg Bell cited a recent Appeals Court decision where a woman refused to give blood after a fatality accident and law enforcement forced her to give blood anyway. In this case, Meitler was unable to give consent and the state argues that troopers had a good faith belief that under “implied consent,” a person unable to give or deny consent because of being sedated or for some other reason automatically gives consent. Bell argues that’s unconstitutional based on the appeals court ruling in February. But, this case occurred prior to that opinion being handed down and the state argues each case has different circumstances.
The evidence showed that his client had some indication of recent marijuana and methamphetamine use, however Bell argues that those drugs tend to stay in the system for a longtime and that there is no proof that this impaired him to point of causing the accident. Bell believes that the troopers needed more for probable cause because there was no outward indication that Meitler was under the influence of anything. They found no alcohol or drugs, not even paraphernalia in his vehicle after the accident
Judge Rose is allowing both sides to present legal briefs for their position on this issue by April 4. The trial scheduled to begin next month has now been pushed back to May.
The defense also filed a motion of Limine where they want any information about the death of Annette Bush kept out of the trial saying since the state hasn’t charged Meitler with any crime associated with her death, any information about her death would be inadmissible and could prejudice the jury against Mietler.
They didn’t take up that item Thursday. That will come up at a later time after Bell told the judge he may file a couple more motions prior to trial.