June 12th was the hearing date scheduled in the William Lane DUI Manslaughter trial that an actual trial date was expected to be set. However, the hearing was cancelled because attorneys Gregory Eisenmenger and Robert Barry were out of town on another case. Judge Allawas had ordered that all motions be filed by the defense no later than June 6th during the last hearing so that she could proceed with a trial date.
Three motions were filed by Lane’s attorneys on June 6th to meet the court’s demand. All 3 motions are to suppress the blood evidence that may be crucial to the state to uphold the charge of DUI. Lane is currently awaiting ruling by the Division of Administrative Hearings regarding the sufficiency of certain rules. One of the motions filed alleges that the State of Florida and FDLE (Florida Department of Law Enforcement) rules were not complied with and it is for this reason that the Administrative Hearing is in place and still awaiting a decision.
The motion further state that several critical errors were made in the handling and analysis of the blood evidence. First is that the blood kit was taken to the post office in Rockledge, Florida on September 5, 2006 and was sent by certified mail to the FDLE crime lab in Orlando and was not delivered until September 12th, 7 days later.
The delay, it appears, was due to the way the FHP mailed the blood kit (image above). According to the motion the FHP chose to send the evidence by certified mail rather than overnight or by courier. Florida rule does not require refrigeration of blood used as evidence if it is submitted for analysis within 7 days which apparently was very close in this case. The same motion goes on to state that the proper procedure was not used in the analysis of the blood by the FDLE examiner.
Although all of the 3 motions filed were to suppress the blood evidence in the case, none of them mentioned the expert witness or lab work completed in Colorado that had caused major time delays in the case previously.
So at this date there is no date set for the three motions to be heard, Lane still awaits decision by the state on Administrative Hearings and no date has been set for the start of the actual trial.
Update! on 6/18/2008 A new court date has been scheduled for July 10, 2008 at 11:00 am