Caledonia Argus

Appeals court to rule on evidence in Heaney trial

Posted: 5/6/03

by Andrew Miller
Argus News Reporter

District Court proceedings against the Caledonia man charged in connection with a November 2001 vehicular death have been put on hold as the MN Court of Appeals determines the admissibility of a blood plasma test.

Joseph Heaney pled not guilty on January 13 to four counts of criminal criminal vehicular operation resulting in death and four counts of criminal vehicular operation resulting in substantial bodily harm. Charges were filed after an incident in which a truck Heaney was driving skidded off the road and rolled over, killing passenger Jesse Worsley and severely injuring another passenger, Paul Hughes.

After the accident, Heaney was taken to Gundersen Lutheran medical center in La Crosse, WI, where he provided a urine sample and a blood sample. The urine sample, taken at 7:59 a.m., showed an alcohol concentration .08, whereas the blood plasma was taken at 6:25 a.m. and showed an alcohol concentration of .144, above the legal limit for operating a vehicle.

District Court Judge James Fabian ruled that the results of the blood plasma test were inadmissible in court, one reason being that such information is excludeable under the physician/patient privilege.

Rick Jackson, prosecuting on behalf of the State, argued that Wisconsin statutory law contains exceptions to the physician/patient privilege, and one exception is if the information relates directly to a homicide. Jackson argued that because Heaney was under investigation at the time in connection with a criminal vehicular homicide, the blood plasma test results should be allowed as evidence.

Heaneyís attorney, Gregory Schultz, said that Heaney was asked by investigators to provide a urine sample under the Implied Consent Advisory, which he did, and that no further samples were required. Schultz added that the record indicates that Heaney initially consented to a blood test, but then withdrew his consent, later agreeing to provide a urine sample.

The Judge denied Jacksonís motion to reopen the omnibus hearing to reconsider the admissibility of the blood plasma test results, and Jackson then filed an appeal with the MN Court of Appeals.

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