Pubdate: Sat, 16 Jul 2005
Source: Portage Daily Register (WI)
Copyright: 2005 Portage Daily Register
Contact: http://portage.scwn.com/forms/letter.html
Website: http://www.wiscnews.com/pdr/
Details: http://www.mapinc.org/media/3779

HEARING CONTINUES ON SUPPRESSION OF EVIDENCE MOTION

Testimony continued Friday in Columbia County court in a hearing for 
Nicholas M. Pulver, 21, who is charged with vehicular homicide while 
having a controlled substance in his blood.

Pulver's attorney, Rose Yanke, had filed a motion in March to 
suppress statements and other evidence "seized in violation of the 
defendant's constitutional rights."

Testimony in the case centered around Pulver's condition immediately 
after a 2004 accident in which Lee Grams was killed. Pulver had 
broken his arm in the accident caused by his vehicle crossing over 
the centerline and running into Grams' vehicle.

In a lot of pain and on considerable pain medication after being 
taken to the hospital, Yanke attempted to establish that Pulver would 
not have been in any condition to give consent for any sort of 
statement or blood work.

According to the case's criminal complaint, Pulver admitted having 
smoked marijuana the night before to Columbia County Sheriff's 
Detective Sgt. Dan Garrigan at the hospital. After this, Pulver 
signed a consent form to allow authorities to take blood samples to 
confirm Pulver had illegal drugs in his system.

Assistant District Troy Cross asked Columbia County Sheriff's Deputy 
Jason Lichucki, who was first to the scene of the accident, if Pulver 
had been reluctant to speak to him about what had happened. Lichucki 
indicated the defendant had not appeared to be in pain or to be 
having trouble answering questions.

Yanke brought Pulver's mother, Barbara Pulver, to the stand to 
explain her son's condition the night of the accident.

"He was very upset and he was hurt," Barbara Pulver said. "One of the 
first things he had asked when I got to the car was, 'How is the 
other driver?'"

When her son got to the hospital and was given the pain medication, 
Barbara Pulver said, "he got real tired," but stayed relatively lucid.

"Did he appear to understand what you were saying throughout the 
evening?" Yanke asked.

"Yeah, somewhat," Barbara Pulver said.

Nicholas Pulver took the stand at the end of the hearing and told the 
court he did not remember much about the accident itself.

"So why did you crash?" Cross asked.

"I remember coming down the hill and that's about it," Pulver answered.

Pulver testified that he did not feel impaired at the time of the 
accident and that he was not entirely sure at the time what he was 
being arrested for.

"Something like a DWI, I guess."

Circuit Court Judge Daniel George recessed the hearing Friday with 
his decision on the motion to suppress the testimony and evidence to 
be made Oct. 18.
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