Investigation methods questioned
Blood samples taken in intoxicated manslaughter trial overlooked
Print- •
-
Share
- Share this item
-
Grab the link
Copy and paste the link:
- Blog about it
- Close
- •
-
4 Comments
- •
Favorite- •
-
Report error
-
Thank you for your submission.Error report or correction
- Close
-
- •
A blood sample sat in a Victoria Police Department refrigerator for more than 100 days before it was tested for alcohol, according to witness testimony Thursday.
Bryan K. Brown, 41, of Morrow, La., is on trial, charged with intoxicated manslaughter. He is accused of causing the wreck that killed Victoria residents Vanessa Jasso, 24, and Rudy Flores, 52, and injured Jasso's 6-year-old son, Jacob Amezquita. The three were traveling in a truck driven by Jasso on June 7, 2007, while Brown was driving another truck which had two passengers.
Brown passed a field sobriety test, Officer John Turner testified earlier this week. But because two people died in the crash, Brown was taken to Citizens Medical Center so a blood sample could be taken.
Paperwork that accompanies the sample shows it was taken the day of the wreck, but that a Department of Public Safety laboratory in Corpus Christi did not accept the sample until Sept. 17, 2007.
"Why?" defense attorney George Filley III asked police Lt. Pat Aitchison. Aitchison supervised the department responsible for collecting evidence at the time of the wreck.
"That would be the biggest fear that I had the entire time I was down there," Aitchison said. "That something would not get sent off in a timely manner. A technician dropped the ball. As a supervisor, I should have caught it long before then."
Despite the delay, the DPS lab technicians said the blood was still suitable to test, Victoria Police Department evidence technician Holly Jedlicka said.
According to police records, the sample - along with five others - was taken to the DPS lab on Sept. 11. The lab's records show the samples, all of which were taken on or before June 7, actually got to Corpus Christi on Sept. 17.
The police department records were incorrect, Jedlicka said.
The paperwork that went to the lab seemed to show blood was also drawn from Jasso and Flores.
"Where in the world are those samples that were taken from Mrs. Jasso and Mr. Flores?" Filley asked.
The heading "other subjects," under which their names were written, does not refer to other people who have had blood drawn in the case, Aitchison said. Jasso's blood was tested by the medical examiner, he said.
Prosecutor Eli Garza objected to Filley's continued questions about samples of the victims' blood. Judge Robert Cheshire overruled the objection.
"There's not any other reason in the world to list them on this form," Filley said.
Garza's questioning of his own witnesses highlighted errors in the investigation.
"Your explanation is that someone, I guess your technician, that it was overlooked or forgotten," Garza asked of the blood sample.
"Yes, sir," Aitchison said.
"Do you know if that explanation was ever shared with the victims?"
"No, sir."
Garza also asked Aitchison if the beer cans that were not collected as evidence could have been tested to link Brown to the empty cans.
"Of course, if we don't have the cans, we can't do that," Garza said. "Correct, sir?"
"Correct," Aitchison said.
-
What's next:
The trial continues at 9 a.m. Friday in Judge Robert Cheshire's courtroom.
-
Print
- •
-
Share
- Share this item
-
Grab the link
Copy and paste the link:
- Blog about it
- Close
- •
-
4 Comments
- •
- Favorite
- •
-
Report error
-
Thank you for your submission.Error report or correction
- Close
-
- •
Comments
It is really ashame that the department that handles the evidence cant do their job. They let a man off on probation for killing 2 people due to evidence not being correct. Quote,Unquote The supervisors should be held responsible for not following procedures. I can remember one young man that got sent to prison for 8 years for killing only one person in a related accident 2 years ago. This really needs to be looked into. Are these people qualified to handle such evidence?
January 27, 2009 at 5:46 p.m.I have never commented on here before but I feel compelled when I see people rush to a judgment of guilt when we are supposed to be presumed innocent. Technicalities make up the law. Someone doesn't get off because of a technicality. If the law is not technically followed then you can't convict. It is scary how many people may be wrongly convicted because someone didn't correctly perform his or her very important job. The blood sample and its handling is important. Using the correct forms for any job is importnat too. There was an accident and a horrible tragedy occurred. But was the driver intoxicated at the time of the accident and did that cause the accident or was it just a terrible accident? If the cops didn't think he was intoxicated at the scene and he passed the field sobriety tests at the scene and the blood has been growing mold for hundreds of days... then exactly how does this show intoxication caused the accident? Whose intoxication? Follow my train of thought? Just another point of view. BTW What the heck happened to this town? Everyone needs to stop drinking the water immediately. It has had a very strange affect on the sanity of the city and county officials.
January 16, 2009 at 11:15 a.m.Unfortunately, in the case of the blood sample not submitted to the crime lab, I have to agree with you stg. If Bryan Brown is acquitted on a technicality, it rests on the shoulders of the technician who "forgot" to send in the sample. Just remember, it wasn't the actual investigators who forgot to send the sample -- it was one of the squints.I hope that Mr. Eli Garza can get the conviction despite this "setback". As far as the foul up with the paperwork, well, you'd think that if the defendant was signing something, he'd read it throughly before doing so....
January 16, 2009 at 9:25 a.m.Also, in regards to the controversiaral affidavit Mr. Tyler wanted the officers to sign : That's a dead issue! It's been resolved between them, so let's move on!
More screw-ups by the Victoria Police Department. Add this story to the one earlier this week about the VPD having the defendant sign a form that had incorrect information on it and you begin to see a pattern.
January 16, 2009 at 6:27 a.m.Do people realize now why the DA's office is often frustrated with the quality of VPD investigations? No wonder VPD was up in arms about Tyler wanting them to sign the affadavits....they know they do shoddy, incomplete, unprofessional work.I
If this man is found not guilty, the blame should be put squarely on the shoulders of the VPD and their mishandling of this case. They have given a smart defense lawyer like Filley plenty of ammunition to work with.