Evidence questioned in fatal DWI trial
Posted at: 08/13/2009 4:54 PM
| Updated at: 08/14/2009 7:56 AM
By: Gadi Schwartz, Eyewitness News 4; Charlie Pabst, KOB.com
Carlos Fierro (file photo)
In the end, most of the motions were dismissed, and prosecutors say they intend to use every shred of that evidence against Carlos Fierro during trial.
The judge will allow statements that Fierro made at the traffic stop and on the way to the hospital to be used at the trial.
Fierro is accused of driving drunk last November, hitting and killing 46-year-old William Tenorio near the Santa Fe Railyard.
Fierro's attorneys are trying to get the blood draw taken from Fierro thrown out, saying the nurse admitted she may have used a different needle than the one that came with the test kit.
They also cross-examined police about when Fierro was actually placed under arrest and whether he was ever read his rights.
The defense says an officer didn't read Fierro his rights until after a written statement was taken from him.
Prosecutors say that's because this started out as a DWI case, and Fierro wasn't charged with the hit-and-run that killed Tenorio until a little later.
They also say that as an attorney, Fierro should've known his right to call a lawyer.
The defense wanted to get an extra three months to build its case, but the judge will only push the trial back a week.
The trial is set to begin by the end of September.
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