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.