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Court Battle Over Blood Test In Deadly Crash Delayed Until Summer
POSTED: 6:33 am EDT March 26,
2008
UPDATED: 7:03 am EDT March 27,
2008
BREVARD COUNTY, Fla. -- The woman accused of killing a man during a hit and run accident three years ago won't go on trial until at least this summer.
RAW INTERVIEW: Victim's Wife Talks As Driver In Crash Fights Charges
CRIME SECTION: Local Reports, Mug Shots, Neighborhood Watch Info
A Brevard woman accused in a deadly hit and run challenged blood alcohol results Wednesday in court. Mary Taylor Christensen is charged with killing a man who was changing a tire along I-95 in Cocoa in 2005 and prosecutors say blood tests proved she was drunk.Testimonies were being heard Wednesday, but it took three years to get this far. Defense attorneys have launched a strong attack on the blood test taken back in February 2005 when Christensen reportedly hit and killed Thomas Bowen as he changed a tire on the side of the road.Records show Christensen registered a blood alcohol level of .235, almost three times the level limit, but her attorneys don't want a jury to hear that. They brought in an expert to attack the very process the Florida Department of Law Enforcement uses to take the blood tests.A civil attorney for the victim's family told Eyewitness News that if the argument holds up it would potentially discredit every blood test FDLE has ever taken. Court watchers say the argument has been tried before and the victim's family said they are tired of the hearings dragging on."No, this is exceptional. We don't normally deal with attacks on the [regulations]," said William Respess, State Attorney's Office. "People that have means have the ability to spend more money to investigate things."Christensen is the ex-wife of the publisher for the Thrifty Nickel newspaper and has money on her side.The process is testing the patience of the victim's widow."Each and every time I've sat in the courtroom and heard the word 'continued' I've cried," said Jo Bowen, the victim's widow.So far, the judge has not ruled on the motion to toss out the blood alcohol tests. In the meantime, Channel 9 has learned Mary Taylor Christensen is still driving with a valid Florida driver's license.
RAW INTERVIEW: Victim's Wife Talks As Driver In Crash Fights ChargesCRIME SECTION: Local Reports, Mug Shots, Neighborhood Watch InfoA Brevard woman accused in a deadly hit and run challenged blood alcohol results Wednesday in court. Mary Taylor Christensen is charged with killing a man who was changing a tire along I-95 in Cocoa in 2005 and prosecutors say blood tests proved she was drunk.Testimonies were being heard Wednesday, but it took three years to get this far. Defense attorneys have launched a strong attack on the blood test taken back in February 2005 when Christensen reportedly hit and killed Thomas Bowen as he changed a tire on the side of the road.Records show Christensen registered a blood alcohol level of .235, almost three times the level limit, but her attorneys don't want a jury to hear that. They brought in an expert to attack the very process the Florida Department of Law Enforcement uses to take the blood tests.A civil attorney for the victim's family told Eyewitness News that if the argument holds up it would potentially discredit every blood test FDLE has ever taken. Court watchers say the argument has been tried before and the victim's family said they are tired of the hearings dragging on."No, this is exceptional. We don't normally deal with attacks on the [regulations]," said William Respess, State Attorney's Office. "People that have means have the ability to spend more money to investigate things."Christensen is the ex-wife of the publisher for the Thrifty Nickel newspaper and has money on her side.The process is testing the patience of the victim's widow."Each and every time I've sat in the courtroom and heard the word 'continued' I've cried," said Jo Bowen, the victim's widow.So far, the judge has not ruled on the motion to toss out the blood alcohol tests. In the meantime, Channel 9 has learned Mary Taylor Christensen is still driving with a valid Florida driver's license.
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