Judge says jurors can hear blood results, evidence of double fatal 2019 Lafayette crash

A Sussex County jury will hear key evidence that prosecutors say a Hampton Township tow truck driver was under the influence of psychoactive drugs before being arraigned. The horrific 2019 crash in Lafayette that killed two county residentsA state Superior Court judge made the ruling.

Judge Michael Gause, in a Jan. 25 order, gave the green light for prosecutors to show future jurors blood and urine results showing 32-year-old Joseph Creeley was high on fentanyl, morphine and other psychoactive drugs when his wrecker crossed the double-yellow line. on Aug. 5, 2019, in Lafayette and crushed a Honda Civic hatchback. Folds of wax allegedly found on the tow truck’s driver’s seat and driver’s side floor and a glass smoking device could also be shown, Gouse said in his order.

Creeley, who has cycled through multiple defense attorneys Since his arrest 39 days after the crash, he has sought to keep evidence from jurors to suppress evidence, including personal testimony from New Jersey State Police Troopers James Selley and Daniel Rodriguez last summer. Sally first went inside the cab of the tow truck to get the vehicle’s registration and driver’s license information and discovered a bottle of Sertraline, an antidepressant, but did not observe the wax folds. Rodriguez testified that he and a fellow soldier were the second to visit the cab, where they discovered three wax folds.

Creeley’s defense attorney, Jeff Patty, argued in court that the wax folds were illegally seized by Rodriguez without a warrant, but the judge disagreed with his order, saying instead that Rodriguez’s search was legal because, as a fatal accident investigator, he had reasonable access. From the interior of the truck to conduct an administrative inspection. Police can still seize evidence without a warrant if the evidence is in plain view and if the officer has probable cause to link the evidence to a crime, the judge ruled, citing his findings. 2016 New Jersey Supreme Court Decision.

Gouse disagrees with Patty’s second argument that if Rodriguez had not conducted the second allegedly “illegal” search, there would have been no basis for the search warrant to obtain Creeley’s blood and urine. Crilio did not show signs of impairment, Rodriguez testified, so there was no probable cause for a warrant, Patty argued.

Seeley, who called on the judge to obtain a warrant to analyze Creeley’s blood and alcohol, was in the process of applying for the warrant before the alleged heroin was discovered and other evidence, such as antidepressant medication and its severity, was found. Disaster, was sufficient for probable cause.

Patti told the New Jersey Herald this week that he is in the process of filing a motion to appeal Gause’s decision, which must be done within 20 days of the order’s publication date. Patti is also seeking to “stall” the case, meaning all hearings will be temporarily paused, as the motion makes its way through the state Appellate Division. The appeals court may either reverse Gauss’s decision, allow additional arguments to be heard before Gauss, or deny the motion.

Gouse noted during a Jan. 25 court hearing that he expects the case to move forward despite Patty’s move, saying it needs a “high priority trial date.” The trial is expected to take place in early spring.

Creeley was Indicted by a Sussex County Grand Jury on December 12, 2019. and is facing two counts of second-degree vehicular homicide, one count of assault by an auto, a fourth-degree felony, and three counts of third-degree drug possession.

According to court documents, police responded to a two-vehicle crash on Route 94 in Lafayette around 10:30 p.m. An accident reconstruction report, investigation and statements from witnesses showed that Creeley, who was driving an Isuzu tow truck that was towing two vehicles “at speed, crossed the double yellow line and crushed (the Honda) with tremendous force,” Gause wrote in his decision. Referring to the testimony given by the officers.

Officers testified that the impact threw the Honda back more than 70 yards, or 210 feet, and that when the vehicles came to rest, the Honda was partially pinned under the tow truck. The Honda driver, James Zinewicz, 43, of Newton, died at the scene, and the rear passenger, Bassiru Diet, 33, of Hamburg, died 26 days later from his injuries. A third passenger was seriously injured, including losing his eye.

Creeley has argued that the truck’s braking system failed and he was unable to stop in time, but prosecutors said an inspection found the brakes in working order.

Lori Comstock can also be reached on Twitter: @LoriComstockNJH, on Facebook: www.Facebook.com/LoriComstockNJH or by phone: 973-383-1194.

This article originally appeared in the New Jersey Herald: Lafayette NJ crash: Judge says jury can hear blood evidence