DUI Defense Seeks to Suppress Evidence

Wave 3 News, from Louisville, Kentucky, has reported that attorneys representing Angela Baumia on charges that range from murder, to drinking and driving, running a stop sign and other charges, would like her statements and blood tests suppressed.

Baumia, in the most heavily weighted charge, is accused of hitting and killing an eleven-year-old boy, Dylan Geitgey, when she drove away from her father's home in Fincastle on June 26.

Her attorneys have argued in court that some of her statements recorded by police should not be admitted.

Louisville Metro Police Department Traffic Officer Buddy Van Cleave, was not in uniform and didn't identify immediately himself as a police officer when he spoke with Baumia at the hospital.  

Van Cleave stated, "When I had smelled something on her breath, which smelled like alcohol, I asked her if she had been drinking.  She said she had had a couple of drinks before she had started the operation of her vehicle."

The defense questioned him repeatedly about identifying himself as an officer to Baumia.  Van Cleave said, "At that time, no, I wasn't even in uniform."

After Van Cleave identified himself, she " told me her dad told her to never f***ing talk to the police and to go "F" myself and I said OK, and that was the end of the conversation between any of us."

Prosecutor Leland Hulbert argued that Baumia was allowed to go home from the hospital and not
arrested at the time.

Hulbert said, "Obviously there needs to be Miranda warnings if there's custody and interrogation, there was neither in this case."

Van Cleave neglected to tell, or read, Baumia her rights to an attorney when he gave her the consent form for her blood to be tested.  Whether or not the blood tests were done earlier than was legal was a question put forth by the defense.

Elgin Crull, Baumia's defense attorney alleged, "I think it's clear that the doctor and the nurse knew that what they were doing was assisting the police in giving a blood draw before he had to go get the warrant and then come back an hour or so later."

Hulbert disagreed and replied, "To state that the doctor was trying to help the police when in fact he was doing it for medical purposes - if they want to say that the doctor was lying on the stand I completely disagree, they have to decide what kind of medications to give her."

These motions will be ruled on in the next week by Judge Brian Edwards.  Edwards will also look at allowing the defense a month, or more, long of a delay.  The defense has requested the additional time to address the numerous charges and to receive lab results.  The defense will be seeking experts to analyze the results.

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