Pot times July 18, 2005

Hearing Continues On Suppression Of Evidence Motion

URL: http://www.mapinc.org/drugnews/v05/n1136/a01.html
Newshawk: Madison NORML http://madisonnorml.org/

Pubdate: Sat, 16 Jul 2005
Source: Portage Daily Register (WI)
Copyright: 2005 Portage Daily Register
Contact: http://portage.scwn.com/forms/letter.html
Website: http://www.wiscnews.com/pdr/
Details: http://www.mapinc.org/media/3779

HEARING CONTINUES ON SUPPRESSION OF EVIDENCE MOTION

Testimony continued Friday in Columbia County court in a hearing for Nicholas M.  Pulver, 21, who is charged with vehicular homicide while having a controlled substance in his blood.

Pulver's attorney, Rose Yanke, had filed a motion in March to suppress statements and other evidence "seized in violation of the defendant's constitutional rights."

Testimony in the case centered around Pulver's condition immediately after a 2004 accident in which Lee Grams was killed.  Pulver had broken his arm in the accident caused by his vehicle crossing over the centerline and running into Grams' vehicle.

In a lot of pain and on considerable pain medication after being taken to the hospital, Yanke attempted to establish that Pulver would not have been in any condition to give consent for any sort of statement or blood work.

According to the case's criminal complaint, Pulver admitted having smoked marijuana the night before to Columbia County Sheriff's Detective Sgt.  Dan Garrigan at the hospital.  After this, Pulver signed a consent form to allow authorities to take blood samples to confirm Pulver had illegal drugs in his system.

Assistant District Troy Cross asked Columbia County Sheriff's Deputy Jason Lichucki, who was first to the scene of the accident, if Pulver had been reluctant to speak to him about what had happened.  Lichucki indicated the defendant had not appeared to be in pain or to be having trouble answering questions.

Yanke brought Pulver's mother, Barbara Pulver, to the stand to explain her son's condition the night of the accident.

"He was very upset and he was hurt," Barbara Pulver said.  "One of the first things he had asked when I got to the car was, 'How is the other driver?'"

When her son got to the hospital and was given the pain medication, Barbara Pulver said, "he got real tired," but stayed relatively lucid.

"Did he appear to understand what you were saying throughout the evening?" Yanke asked.

"Yeah, somewhat," Barbara Pulver said.

Nicholas Pulver took the stand at the end of the hearing and told the court he did not remember much about the accident itself.

"So why did you crash?" Cross asked.

"I remember coming down the hill and that's about it," Pulver answered.

Pulver testified that he did not feel impaired at the time of the accident and that he was not entirely sure at the time what he was being arrested for.

"Something like a DWI, I guess."

Circuit Court Judge Daniel George recessed the hearing Friday with his decision on the motion to suppress the testimony and evidence to be made Oct.  18.