Posted: 12/6/05
Heaney pleads guilty to vehicular homicide
By David Heiller
Joseph Steven Heaney of Caledonia pled guilty on November 28 to criminal vehicular operation resulting in death and criminal vehicular operation resulting in substantial bodily harm.
Sentencing in Third District Court will take place on January 11, 2006. The defense will see a downward departure from the recommended prison sentence of 48 months, county attorney Rick Jackson said on November 28. A sentencing agreement has not been reached, he added.
Heaney was the driver of a truck that rolled over in the early morning of November 18, 2001 on County Road 249, a mile east of Freeburg.
Jesse M. Worsley of Caledonia died in the rollover, and two other people were injured.
On May 1, 2002, a complaint was filed in Houston County District Court charging Heaney with four counts of criminal vehicular operation resulting in death, as well as four counts of criminal vehicular operation resulting in substantial bodily harm.ÝBoth crimes require proof that the defendant drove while having a blood alcohol concentration of .10 or more, measured within two hours of the time of driving.Ý
Heaney originally pled not guilty to the charges. His attorney, Gregory Schultz of Caledonia, argued that the blood alcohol evidence should not be allowed because it was obtained in violation of Minnesotaís physician-patient privilege.
The alcohol information was obtained from a blood sample taken in the Gundersen Lutheran Medical Center emergency room in La Crosse, Wisconsin, after the accident. The hospital report showed that Heaneyís blood alcohol concentration was .144 within two hours of the accident.Ý This result was confirmed at the Bureau of Criminal Apprehension lab in St. Paul, Minnesota.
Third District Judge James Fabian granted Schultzís motion to suppress the hospital and laboratory blood-alcohol evidence because the evidence was obtained in violation of Minnesotaís physician-patient privilege.
Houston County Attorney Rick Jackson then filed a pre-trial appeal.Ý The court of appeals ruled in Heaneyís favor, holding that the district court correctly applied Minnesotaís physician-patient privilege statute.
Jackson then appealed to the Minnesota Supreme Court, which ruled on December 2, 2004 that blood alcohol evidence taken from Heaney could be used in court.
Bostone trial postponed
In other court news, the trial date for Enrico ìA.J.î Bostone has been postponed.
At a hearing held on November 28, the scheduled date of the trial, Judge James Fabian ordered that a psycho-sexual evaluation of Bostone take place. The evaluation will determine if Bostone is an appropriate candidate for Department of Corrections outpatient sex offender treatment, county attorney Rick Jackson said on November 29. The order came at the request of Bostoneís attorney, Ross Phelps, La Crescent.
The case is on hold until the results of the evaluation are in, Jackson added.
Bostone, 18, faces two counts of criminal sexual conduct for allegedly molesting a boy on two occasions in June of 2005. The boy was 12 the first time and 13 the second time, according to the criminal complaint.
Bostone, who was charged on October 6, is presently in the Houston County Jail in Caledonia. His bail is $86,000 conditional and $43,000 unconditional.
Wynn trial date set
The trial date has been set for Jeffrey Scott Wynn, 55, Victoria, MN. A pre-trial hearing will take place on December 14 at 1 p.m. The jury trial is set for January 5, 2006 at 9 a.m.
Wynn pled not guilty on November 7 to two felony counts of terroristic threats. was charged on October 25 in Third District Court with two felony counts of terroristic threats.
Wynn, who formerly lived in Caledonia, was charged on October 25 with making threats to his former wife and another man from July 11-October 4. According to the criminal complaint, the threats included statements that he would kill his ex-wife and get rid of or injure the man.
Daley asks for speedy trial
At a Rule 8 hearing on November 30, Anthony Daley, 20, Caledonia, requested a speedy trial.
Daley was charged on November 18 with first and second degree burglary, criminal damage to property, fifth degree assault, and underaged consumption of alcohol. He allegedly broke down the door to a womanís home and physically assaulted her on November 17.
A speedy trial requests means that a trial must be held within 60 days. No trial date had been set as of December 5.
Meiners trial date set
A trial date has been set for Tiffany Meiners, 21, Caledonia, who faces four felony counts of terroristic threats.
A pre-trial hearing will be held on January 14, 2006, at 9 a.m. A jury trial is schedules for March 6 at 9 a.m.
Meiners is accused of threatening her ex-boyfriend on August 8 in Spring Grove with a paintball gun that he and authorities mistook for a real hand gun.
She pled not guilty in Third District Court on August 29, and is out of jail on $7,500 conditional bail.
Two of the terroristic threat charges are Level IV, which carry maximum sentences of five years in jail and $10,000 fines. The other two are Level I, which have one year and $3,000 maximum penalties.
Caledonia Argus
314 West Lincoln St.
P.O. Box 227
Caledonia, MN 55921-0227
507/724-3475
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