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Author Topic: Yet another Billy Lane update.  (Read 4557 times)

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RedFXR2

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Yet another Billy Lane update.
« on: August 11, 2008, 12:54:38 PM »

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=200880807018



Billy 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.



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screaminchickensrule

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Re: Yet another Billy Lane update.
« Reply #1 on: August 11, 2008, 03:38:22 PM »

Another fine example of our Justice system taking forever to confict or ... a man.
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Spike

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Re: Yet another Billy Lane update.
« Reply #2 on: August 13, 2008, 09:06:21 AM »

funny how he claims to be a bada$$ but he can't man up to the mistake he made.
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RedFXR2

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Re: Yet another Billy Lane update.
« Reply #3 on: August 13, 2008, 01:04:49 PM »

http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20080813/BREAKINGNEWS/80813014&s=d&page=4#pluckcomments


Decision on blood samples in bike builder's DUI case not expected for weeks
FLORIDA TODAY • AUGUST 13, 2008

Prosecutors in the Billy Lane DUI manslaughter case asked a judge today to order the motorcycle builder’s defense attorneys to turn over the results of blood samples sent to an out-of-state lab for re-testing.

No decision was reached, however. Judge Meryl Allawas gave attorneys for both sides two weeks to file additional arguments or motions before a decision is made.

Lane, 38, is charged with one count of driving under the influence 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.

The hearing began at 10:30 a.m. before Allawas at the Viera courthouse.

In January, Lane’s attorneys sent the samples to Colorado, saying improper handling and government testing techniques may have skewed the initial results According to the state’s motion, Lane’s attorneys’ refuse to turn over the most recent results because they don’t intend to use them at trial.




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RedFXR2

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Re: Yet another Billy Lane update.
« Reply #4 on: August 14, 2008, 01:38:31 PM »

The beat goes on:



http://www.floridatoday.com/apps/pbcs.dll/article?AID=2008808140332


Judge delays blood test ruling in Billy Lane's DUI death case
BY KEYONNA SUMMERS • FLORIDA TODAY • AUGUST 14, 2008
 
It will be at least two weeks before Judge Meryl Allawas decides whether prosecutors should have access to the results of blood samples sent by motorcycle builder Billy Lane's lawyers to an out-of-state lab for re-testing.

Lane, 38, appeared in court Wednesday for the latest hearing in his DUI manslaughter case.
Police said Lane's blood-alcohol level was more than twice the legal limit on Labor Day 2006 when he crossed a double-yellow line to pass several cars, fatally striking Sebastian Inlet park ranger Gerald Morelock's motorcycle head-on.

At issue are blood samples the defense sent to Colorado in January on the theory that failure by police and the Florida Department of Law Enforcement testing lab to refrigerate the vials during transport and prior to testing sparked bacterial growth that led to contamination and a skewed blood-alcohol reading.

Defense attorney Greg Eisenmenger says he intends to focus on the handling of the blood samples prior to testing in 2006, and he refuses to release the re-testing results to the state because he won't address them at trial.

Legal rules surrounding evidence mandates defense attorneys only have to disclose those witnesses and materials they plan to use at trial, he said.

But prosecutor Tom Brown said the results are relevant to possibly disproving during cross-examination the credibility of an expert witness the defense plans to call to challenge the police and FDLE lab procedures.

Allawas made no decision on the state's motion Wednesday.

She gave attorneys for both sides two weeks to file additional arguments and is expected to make a ruling by the next pretrial conference set for 9 a.m. Sept. 24.

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