Maine judge to allow alcohol test
By Associated Press
Thursday, August 7, 2008 - Added 46m ago
PORTLAND, Maine - A judge says prosecutors may introduce evidence about a Massachusetts boater’s alcohol consumption before a boat collision that killed two people on Maine’s Long Lake.
Prosecutors say Robert LaPointe’s blood-alcohol content was 0.11 percent three hours after the crash last summer. Maine’s limit is 0.08 percent for driving.
Lawyers for LaPointe of Medway, Mass. contend the evidence was unreliable because the blood sample wasn’t refrigerated and wasn’t delivered to a lab until 34 hours after the crash.
Justice Robert Crowley says the defense can make that case during the trial, scheduled for Sept. 8. Crowley hasn’t yet ruled on a motion to move the trial out of Portland. Defense lawyers say media coverage has created a "climate of hostility" toward the defendant
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