Dyce51
Taurus
Boat Racer
 
Brunswick, Ohio
Posts: 1,288
APPD 0.20
Post Rank: 38
no boat right now
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Posted: Feb. 20 2008,8:56 pm |
Post # 1 |
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Not long ago there was a real bad accident here in Brunswick where a lil girl was killed. The suspect was high and drunk....Now he may walk because Brunswicks finest screwed up!!!! Real friggin nice!!!
Here is the article:
Evidence thrown out in Stankiewicz trial
February 20th, 2008 · No Comments
By ALLISON WOOD
Staff Writer
MEDINA — Prosecutors will not be able to use blood and urine samples taken from the man accused of killing a Brunswick girl with his vehicle at trial because Brunswick police did not follow proper procedures for storing evidence, court records show.
Robert Stankiewicz, 21, of Hinckley Township, is charged with four counts of aggravated vehicular homicide and four counts of aggravated vehicular assault in the death of Kathryn Curtis, 8, and injuries sustained by her mother, Shawna, in a Sept. 16 traffic accident on state Route 303.
He also is charged with three second-degree felony counts, four third-degree felony counts and one fourth-degree felony count. If convicted, he could spend 13 years in prison.
The evidence ruling was made Friday by Common Pleas Judge Christopher J. Collier after a two-day hearing late last month.
Brunswick police found Stankiewicz had a blood-alcohol content more than twice the legal limit of 0.08 percent and detected marijuana in his urine. These findings will not be allowed to be used during Stankiewicz’s trial, which is scheduled to begin March 10 in Collier’s court. The samples were taken while Stankiewicz was being treated at Southwest General Health Center in Middleburg Heights after the accident.
County Prosecutor Dean Holman said Tuesday the state may have to dismiss two of the second-degree felony counts of aggravated vehicular homicide because they would have to prove he was under the influence of drugs and alcohol at the time of the accident.
Stankiewicz is also charged with a third-degree felony count of aggravated vehicular homicide, where prosecutors do not have to prove he was impaired.
Court records show:
During last month’s hearing, Brunswick patrolman Ted Kiernozek, who collected the samples, said he re-opened the bag containing them the day after the accident, which is a violation of evidence handling rules.
He said he did this because he left a form used to record the names of everyone who handled the evidence in the bag by mistake.
Along with opening the bag, he placed the evidence in another bag, re-sealed the bag and samples, and dated the labels Sept. 16, although he opened the bag on the 17th. Neither he nor any of his superiors recorded this on any police report or on the evidence handling form.
The prosecution was not aware of this fact until Brunswick patrolwoman Lynda Reeves testified during the hearing that on Sept. 17 she was told by a sergeant to transport the evidence bag for testing.
When she found the bag, she saw the evidence form was in there, but was uncomfortable opening it because it is against procedure.
After telling her sergeant about the form, he told her to leave. When she returned a few hours later to transport the bag, she noticed the form was taped to the bag.
Stankiewicz remains in the Medina County Jail on $1 million bond.
if it weren't for bad luck I'd have no luck at all
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11-24-2024 Three Word Post.....The Next Generation.... (Rep.#19,435) from: BigDog
That's Not Good!! i'm Sure Some Lawyer Will Have A Hay Day With That!! 