Caledonia Argus

Omnibus hearing for Heaney continued

Posted: 8/27/02

By Shannon McKinney

Argus News Reporter

An omnibus hearing for a man accused of causing the death of Jesse Worsley, 19, of Caledonia last November has been continued for Thursday, September 5.

Joseph Steven Heaney, 24, of Caledonia appeared in court Friday, August 16, with his attorney Gregory Schultz. He is facing eight charges related to the November 18, 2001, accident which killed Worsley, a passenger in the vehicle driven by Heaney, and injured another passenger, Phillip Hughes.

According to the complaint, the one-vehicle accident happened approximately one mile west of Freeburg on CSAH #249 when Heaney, after passing another vehicle, took a corner too sharply at a high rate of speed.

Heaney is facing four counts of criminal vehicular operation resulting in death due while under the influence of alcohol. He is also facing four counts of criminal vehicular operation resulting in substantial bodily harm.

Schultz has filed motions to suppress results of a urine test that Heaney submitted to Gundersen Lutheran Medical Center and also blood plasma that the hospital gave to Houston County after being ordered by the court to release Heaneyís medical records.

Schultz states that Gundersen was not authorized by Heaney to release the blood plasma or his medical records because the records constituted privileged information between physician and patient. Also, the results of the blood plasma test should not be used because the sample was not obtained from whole blood and was not continuously refrigerated.

According to the complaint, the blood plasma was retrieved from Gundersen on January 15, 2002 and tested at the Minnesota BCA (Bureau of Criminal Apprehension), where a mathematical calculation by BCA Forensic Scientist Edward Stern determined Heaneyís blood alcohol concentration to be .14 at the time of the test. The blood plasma was taken at 6:25 a.m. on November 18, 2001.

According to the complaint, on the morning of November 18, 2001, Gundersen Lutheran advised Houston County investigator Gary Eddy about the blood sample that had been taken from Heaney and that it showed an alcohol concentration of .144.

The motion stated that the urine sample should be suppressed because it was not obtained in the standard form.

According to the complaint, Heaney submitted a urine sample at 7:59 a.m. The sample showed a blood alcohol concentration of .08%.

Schultz filed motions suppressing any statements, confessions or admissions made by Heaney based on the fact that Heaney was not properly advised of his Miranda rights.

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