Drug tests will not be used in Alex West trial

LAKE GEORGE, N.Y. (NEWS10) — Blood evidence against the driver in a deadly boating crash on Lake George is being thrown out.

Police say Alex West tested positive for three separate drugs hours after the crash that killed an 8-year-old girl.

Blood samples were taken 17 and a half hours after the crash. They revealed West had traces of marijuana, cocaine, and ecstasy in his system, but potential jurors won’t see any of that evidence.

Two days after the deadly boating crash that killed 8-year-old Charlotte McCue, shaking the Lake George community, a Warren County judge signed a search warrant directing police to take blood samples from the reported driver, 24-year-old West.

They came back positive for pot, cocaine, and ecstasy, but according to court filings, the samples were taken the day before the judge signed the search warrant and won’t be used in trial.

West’s lawyer argues the indictment should be dismissed altogether. Attorney Paul DerOhannesian says that won’t be the case.

“There’s a wide body of law that says illegally obtained evidence that is used in a grand jury does not necessarily affect the validity of the grand jury indictment,” DerOhannesian said. “We also know here that the DA points out there is other sufficient evidence.”

Some of that other evidence includes witness statements who told police they saw West doing drugs on his boat at Log Bay Day last July hours before the crash.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s