Billy Lane update – more on blood work to be heard at later date
(Viera, Florida)Famed custom motorcycle builder Billy Lane was present in court today as his attorney Gregory Eisenmenger argued his motion revolving around the blood work that has remained an issue for the past few months. Eisenmenger has asked that Lane’s blood work be looked at by his expert witness Lawrence Masten. So far the only thing that Masten has appeared to have done was view the blood work and from this viewing he has determined that there may have been a problem with the seal. The blood work was taken from Billy Lane over 45 minutes after the September 4, 2006 crash that left Melbourne Beach resident 56 year old Gerald Morelock dead. Lane was charged with 3 charges after it was determined that he has a blood alcohol content of .192 more than twice the legal limit of .08 allowed by Florida Law. The original charges that were filed against Billy Lane were DUI MANSLAUGHTER, DWLS RVKD OR CNCLD WITH SERIOUS INJURY OR DEATH, DUI SERIOUS BODILY INJURY. The State dismissed two of the charges back on 10/19/2006 leaving only the DUI Manslaughter charges pending. The DUI Manslaughter charges as of today are still pending with two new 1 hour hearings to be announced.
Attorney Gregory Eisenmenger told the court that his expert witness has determined that there may have been some leakage from the vial holding Lane’s blood not being properly sealed. Toxicologist Lawrence Masten says he suspects this because the blood volume appears to be low in the vial. Eisenmenger is asking that his expert be allowed to examine the blood in a lab to see if it may have been contaminated. However, Masten does not have a lab of his own and the lab he uses is in Colorado. The state objected Lane’s blood work being sent to Colorado when it could be easily tested at a closer lab in Brevard County. The court agreed with the states objection and questioned as to why it would be necessary to send the blood to another state. State Attorney Samantha Barrett suggested a closer lab used at Wuesthoff rather than sending the blood work such a great distance. Attorney Eisenmenger immediately interrupted stating ” We don’t like Wuesthoff”. Judge Allawas said that it appeared that it would be necessary to hear more about the blood work and reasons for the lab work, especially noting the objection to the DUI evidence having to be transported so far away. No date was set for this hearing today and will be announced at a later date. There is also a date to be announced in which a motion will be heard on the use of Lane’s medical records as evidence in the case.
Billy Lane is facing up to 15 years in prison if convicted on the criminal DUI Manslaughter charges that are still pending.
Next docket sounding for this case is currently scheduled for November 6, 2007
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October 11th, 2007 at 4:46 pm
I read at another (not so reliable) blog that Lane has another charge pending? They claim the charge is non-capital murder……
This blog also claims that the the sentence could be lower if he is convicted of this charge.
October 11th, 2007 at 10:25 pm
Traveling man, I know what blog you are talking about. I have come to the conclusion that they are unreliable and very opinionated.
I read an article that said BL’s lawyers are saying the blood may be contaminated because it was never refridgerated, which can cause the blood to break down and cause a false positive result. Is that true?
October 12th, 2007 at 2:27 am
Hi Traveling Man,
Billy Lane is still facing the charge of DUI Manslaughter, which is a non capital crime. This means that he can not receive capital punishment which is the death sentence.
Although newspaper articles have reported that the state attorney’s office has held an option to file more charges, at this time there have been no charges filed. So, there are no other pending charges that are filed.
The term non capital when applied to a charge means that if the person is found guilty, they will not receive capital punishment. In other words non capital is the description of the type of charge, it is not a charge in itself or a separate charge. It might be better understood to say it is much like a felony verses a misdemeanor or petty verses grand. It describes the charge.
Although I am not a lawyer, I hope this clarifies the term for you.
October 12th, 2007 at 2:35 am
Hi Ford,
That post was copied from the Florida Today newspaper article and I am sure there is some language in the motion to that effect. However, I was in court on the 10th and that issue was not brought up at that time.
I am hoping to get the file on Monday to view the motions myself. Once I read the motions I will report my findings. I do know Ms. Summers, the Florida Today reporter that did the story and she is pretty reliable on her information.
October 12th, 2007 at 3:37 am
Mike,
Thank you for clearing up both issues!