Pubdate: Sat, 17 Jul 2004
Source: Post-Crescent, The (Appleton,  WI)
Copyright: 2004 The Post-Crescent
Contact:  http://www.wisinfo.com/postcrescent/
Details: http://www.mapinc.org/media/1443
Bookmark: http://www.mapinc.org/women.htm (Women)
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)
Bookmark: http://www.mapinc.org/testing.htm (Drug Test)

MOTHER'S DRUG TEST RESULTS ADMISSIBLE IN TRIAL

OSHKOSH -- Judge Scott Woldt on Friday ruled that blood test evidence
revealing marijuana use will be admissible in the trial of a Menasha
woman charged in the auto crash death of her 5-year-old son.

Merica C. Kabke, 28, appeared in Winnebago County Circuit Court Friday
seeking suppression of a blood sample that allowed for charges under
Wisconsin's new "drugged driving" law. Defense lawyer Colleen Bradley
argued the evidence was taken after coercion by a police officer.
Woldt ruled that Kabke offered the sample voluntarily.

The law under which Kabke was charged has been controversial in its
seven months of existence. Defense attorneys from across the state
announced intentions to challenge the law. Many argue that the
standard allowing for conviction for driving with "any detectable
amount" of illegal substances could mean punishment for people who
weren't impaired.

Kabke said she wasn't impaired at the time of the crash, though her
challenge didn't deal with the constitutionality of the law. Attorneys
rather argued against how evidence was acquired in the case.

Kabke's blood sample was taken at the hospital while she waited for
reports on her son's well being. Bradley argued that a Neenah police
officer's supportive and "overtly friendly" demeanor along with
language urging Kabke to prove her innocence created "subtle
pressures" that made her same involuntary.

Woldt disagreed.

"This officer did nothing more than offer genuine support," Woldt
said. "He felt terrible for this situation and he felt terrible for
what happened."

Kabke's son sat in the front seat of the vehicle without restraint on
Jan. 11 when his mother failed to stop at a stop sign and struck
another vehicle, the criminal complaint states. The child struck the
windshield and died from injuries three days later.

A police officer at the hospital told her that a voluntary blood test
would clear her of wrongdoing by showing she wasn't under the
influence when the crash occurred, according to June testimony. Kabke
had previously acknowledged smoking marijuana the evening before.

Kabke was initially charged with homicide by negligent operation of a
vehicle. The charge was upgraded to homicide by operating a vehicle
with illegal substances in her system once blood testing revealed the
presence of marijuana. 
- ---
MAP posted-by: Richard Lake