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High Court suspends vehicular homicide trial
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Posted on Oct 25 2004
The CNMI Supreme Court yesterday temporarily stopped the ongoing jury trial of a 17-year-old teenager who is facing charges for vehicular homicide.
The High Court issued an order suspending the trial pending the resolution of an appeal by the Attorney General’s Office.
The AGO wants the inclusion of a piece of evidence, particularly test results of blood drawn from the defendant, which would indicate his level of intoxication when the vehicular mishap happened after Christmas Day, or on Dec. 26, 2003.
The male teenager is facing charges of vehicular homicide, driving under the influence of alcohol, and reckless driving. The accident resulted in the death of another.
“If not admitted, it is likely that the Commonwealth will not be able to meet its burden of proof in this case,” said CNMI chief prosecutor David Hutton.
The AGO wants a laboratory technician at the Commonwealth Health Center, Christopher Boone, to testify on the blood test. However, Boone, who was represented by Assistant Attorney General Debra Knapp, wanted the summons on him quashed.
The blood tests reportedly indicated that the defendant’s blood alcohol content right after the vehicular accident was 0.16, which was 16 times the legal limit of 0.01 for minors or two times the legal limit of 0.08 for adults.
“The issues presented are of first impression in this jurisdiction and the granting of stay pending appeal is necessary to preserve the rights of the parties pending review by this court,” the Supreme Court said.
