Boating Accident/Death off Diamond Island

Skip · 04-30-2009, 11:41 AM

Quote:

Originally Posted by secondcurve

"The Citizen reported that Blizzard's lawyer is arguing that the results of his client's blood test should be thrown out. James Moir said a Marine Patrol affidavit failed to show probable cause that the test results from the blood samples would prove intoxication."

Doesn't running straight into an island at high rate of speed provide enough probable cause to conduct a blood test to check for intoxication and allow the evidence to be entered into the case?

According to this FULL STORY now appearing on the Citizen, that is the exact same conclusion the Judge came to in determining probable cause existed to obtain the blood.

Also, in new details emerging, the blood seized late the next day was not the only sample obtained. At least six samples were seized including one just two hours after the collision while Blizzard was still at LRGH. Now, by having a string of samples taken at varying times after the accident the State can clearly use the sampling data to establish an extremely accurate BAC at the time of the collsion.

As this story reveals more and more of the night in question it appears to me that the State is building an extremely strong case.

Trial pre-hearings are scheduled to begin next Wednesday.

jeffk · 04-30-2009, 11:55 AM

This is why, despite all the speculation we do here, you need to wait for the trial for ALL the information to be brought forward.

VtSteve · 04-30-2009, 02:51 PM

Don't know about the position of the controls being an indication of anything. She was said to be slumped over the controls when found, and after that impact, they might possibly have been moved in erratic directions. The passenger that survived stated a speed of 25 to 30.

News stories like these have been making the rounds all over the nation. Let's hope they can prevent similar incidents.

4Fun · 04-30-2009, 03:23 PM

Quote:

Originally Posted by VtSteve

Don't know about the position of the controls being an indication of anything. She was said to be slumped over the controls when found, and after that impact, they might possibly have been moved in erratic directions. The passenger that survived stated a speed of 25 to 30.

News stories like these have been making the rounds all over the nation. Let's hope they can prevent similar incidents.

I agree about the controls and the steering angle. They could have been anywhere before impact. I don't see how it would be relevant anyway. There is no doubt she hit this Island and there is no doubt she was't aiming for it on purpose.

The outdrives hitting on the bottom could alter the angle of steering and I doubt she would put one engine in reverse on purpose...

Skip · 04-30-2009, 03:50 PM

Every detail of the vessel, including full inspection (with photographs) of every conceivable mechanical part appear to have been meticulously documented by the investigators. This is standard in a criminal investigation. If anything were omitted then the defense would try to raise some suspicion that the State may have been hiding some intricate piece of evidence that would exonerate their client.

The original position of the controls discovered at the scene of the crime are important details as to their operational capability as determined later during further forensic analysis. Remember, to assign maximum culpability to Blizzard the State will need to show there was no mechanical issues that contributed to this deadly collision.

As this case unfolds over the next several weeks it appears that the State, in my opinion, has learned some valuable lessons from the Littlefield crime and done an excellent job in gathering the pertinent evidence necessary to pursue their criminal charges against Blizzard. The admission of the blood evidence, especially since we now know it was obtained in a very timely manner, is a tremendous victory for the prosecution.

It will be very interesting watching the legal wrangling that will ensue the next several months, as this will be a closely watched and highly publicized trial.

Dave M · 04-30-2009, 04:12 PM

The outdrives hitting on the bottom could alter the angle of steering and I doubt she would put one engine in reverse on purpose...

Isn't it possible that she saw the island at the last second and tried to put it
full throttle in reverse but was able to grab one of them or felt the prop hit
bottom and tried to do the same thing.

Speculation of course. In any case it shouldn't have happened.

Dave M

04-30-2009, 03:50 PM	#5
Skip Senior Member Join Date: Apr 2004 Location: Dover, NH Posts: 1,615 Thanks: 256 Thanked 514 Times in 182 Posts	Throttle and other miniscule details.... Every detail of the vessel, including full inspection (with photographs) of every conceivable mechanical part appear to have been meticulously documented by the investigators. This is standard in a criminal investigation. If anything were omitted then the defense would try to raise some suspicion that the State may have been hiding some intricate piece of evidence that would exonerate their client. The original position of the controls discovered at the scene of the crime are important details as to their operational capability as determined later during further forensic analysis. Remember, to assign maximum culpability to Blizzard the State will need to show there was no mechanical issues that contributed to this deadly collision. As this case unfolds over the next several weeks it appears that the State, in my opinion, has learned some valuable lessons from the Littlefield crime and done an excellent job in gathering the pertinent evidence necessary to pursue their criminal charges against Blizzard. The admission of the blood evidence, especially since we now know it was obtained in a very timely manner, is a tremendous victory for the prosecution. It will be very interesting watching the legal wrangling that will ensue the next several months, as this will be a closely watched and highly publicized trial.

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04-30-2009, 11:55 AM	#2
jeffk Senior Member Join Date: Feb 2004 Location: Center Harbor Posts: 1,172 Thanks: 205 Thanked 437 Times in 253 Posts	This is why, despite all the speculation we do here, you need to wait for the trial for ALL the information to be brought forward.

04-30-2009, 02:51 PM	#3
VtSteve Senior Member Join Date: Apr 2008 Posts: 1,320 Blog Entries: 1 Thanks: 230 Thanked 361 Times in 169 Posts	Don't know about the position of the controls being an indication of anything. She was said to be slumped over the controls when found, and after that impact, they might possibly have been moved in erratic directions. The passenger that survived stated a speed of 25 to 30. News stories like these have been making the rounds all over the nation. Let's hope they can prevent similar incidents.

04-30-2009, 04:12 PM	#6
Dave M Senior Member Join Date: Jul 2007 Posts: 395 Thanks: 4 Thanked 26 Times in 24 Posts	The outdrives hitting on the bottom could alter the angle of steering and I doubt she would put one engine in reverse on purpose... Isn't it possible that she saw the island at the last second and tried to put it full throttle in reverse but was able to grab one of them or felt the prop hit bottom and tried to do the same thing. Speculation of course. In any case it shouldn't have happened. Dave M