I think it really says something when Lane's attorney's, who insisted that the blood evidence was tainted and it must be re-tested at a lab of their choice, now refuse to turn over the re-test results to the State, saying they're not going to use them in the trial after all.
Sounds like the re-test only confirmed that he was really, really drunk.
Maybe one of these years this thing will actually go to trial.
http://www.floridatoday.com/apps/pbcs.dll/article?AID=200880807018Billy Lane hearing postponed again
BY KEYONNA SUMMERS • FLORIDA TODAY • AUGUST 7, 2008
VIERA — A judge will wait until next week to hear prosecutors’ request that motorcycle builder Billy Lane’s defense counsel turn over blood evidence, after scheduling conflicts again forced the cancellation of the latest hearing.
The hearing is now set for 10:30 a.m. Wednesday.
Lane, 38, is charged with one count of DUI manslaughter in connection with a fatal Labor Day 2006 traffic accident.
Police said Lane's blood-alcohol level was more than twice the legal limit when he crossed a double yellow line to pass several cars near Melbourne Beach, striking Sebastian Inlet park ranger Gerald Morelock's motorcycle head-on.
Circuit Judge Meryl Allawas canceled hearings set for yesterday and today because Lane’s attorneys are in trial before another judge.
The state had been scheduled to argue a motion this week, asking the judge to order Lane’s attorneys to turn over the results of blood samples they had re-tested at an out-of-state lab.
According to the motion, Lane’s attorneys – who sent the samples to Colorado, saying improper handling and government testing techniques might have skewed the results – refuse to turn over the results because they say they don’t intend to use them at trial. But prosecutors say the information could prove to be a critical defense against the lawyers’ challenge of the prior blood test.