Judge says jurors can hear blood results, evidence of 2019 Lafayette double crash fatal

A Sussex County jury will hear key evidence that prosecutors say proves a Hampton Township tow truck driver was under the influence of psychoactive drugs prior to the horrific 2019 crash in Lafayette that killed two County residents, a state supreme court judge ruled.

Judge Michael Gaus, in an order dated Jan. 25, gave prosecutors the green light to show future jurors blood and urine test results showing that 32-year-old Joseph Crilly was under the influence of fentanyl, morphine and other psychoactive substances when his pest crossed the double yellow line. August 5, 2019 in Lafayette and crushed Honda Civic hatchback. Wax folds believed to contain heroin found on the driver’s seat and on the floor of the tow truck, as well as a glass smoking device, may also be shown, Gaus said in his order.

Crilly, who has changed several defense attorneys since his arrest 39 days after the crash, sought to withhold evidence from jurors in a motion to withhold evidence, including last summer’s personal testimony from New Jersey State Troopers James Sely and Daniel. Rodriguez. Seli was the first to look into the cab of the tow truck for vehicle registration and driver’s license information, and found a bottle of sertraline, an antidepressant, but did not notice any wax wrinkles. Rodriguez testified that he and a fellow soldier were the second to look into the cockpit, where they discovered three folds of wax.

Jeff Patty, Crilly’s defense attorney, argued in court that the wax folds were illegally seized by Rodriguez without a warrant, but the judge in his ruling disagreed, instead stating that Rodriguez’s search was legal because, as a fatal investigator, he had a legal access. inside the truck for an administrative inspection. Police can still seize evidence without a warrant if the evidence is in plain sight and if the officer had good reason to link the evidence to a crime, the judge ruled, explaining his findings in a 2016 New Jersey Supreme Court decision.

Gaus disagreed with Patti’s second argument that if Rodriguez had not carried out the alleged “illegal” search a second time, there would have been no basis for a search warrant to obtain Crilly’s blood and urine. According to Rodriguez, Crilly also showed no signs of ill health, so there was no probable reason for the warrant, according to Patti.

Seli, who called the judge to get a warrant for Crilly’s blood and alcohol test, was already applying for a warrant before the suspected heroin and other evidence, such as the discovery of an antidepressant and the severity of the condition, were found. crash, was enough for a probable cause.

Patti told the New Jersey Herald this week that he is in the process of filing a motion to appeal Gaus’s decision, which must be filed within 20 days of the date the order was issued. Patti is also seeking to “suspend” the case, meaning that all hearings will be temporarily suspended as the petition goes through the State Appeals Division. The Court of Appeal can either reverse Gaus’s decision, allow additional arguments to be heard before Gaus, or dismiss the motion.

Gaus noted during a court hearing on January 25 that he expects the case to move forward despite Patty’s actions, stating that he needs a “high priority trial date.” The trial is expected to take place in early spring.

Crilly was indicted by a Sussex County grand jury on December 12, 2019, and faces two counts of second-degree vehicular homicide, one count of assault with a motor vehicle, a fourth-degree felony and three counts of third-degree drug possession.

According to court records, police responded around 10:30 p.m. to a two-vehicle crash on Highway 94 in Lafayette. The crash reconstruction report, investigation and witness testimony found that Crilly, while driving an Isuzu tow truck that was towing two vehicles, “exceeded the speed limit, crossed double yellow lines and crushed (Honda) with terrifying force,” Gaus wrote in his decision. with reference to the testimony of officers.

Officers testified that the impact sent the Honda back more than 70 yards or 210 feet, and when the vehicles came to a halt, the Honda was partially pinned under a tow truck. The Honda driver, 43-year-old James Zinevich from Newton, died at the scene, and the rear passenger, 33-year-old Bassiro Diathe from Hamburg, died of his injuries 26 days later. A third passenger was seriously injured, including losing an eye.

Crilly claimed the truck’s brake system had failed and he was unable to stop in time, but prosecutors said an inspection showed the brakes were in working order.

Lori Comstock can also be reached on Twitter: @LoriComstockNJH, on Facebook: www.Facebook.com/LoriComstockNJH or by phone: 973-383-1194.

This article originally appeared in the New Jersey Herald: Lafayette, NJ crash: Judge says jury can hear blood evidence

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