Attorneys want to suppress evidence against man charged in death of officer

Samples taken 7 hours after officer killed

jhewlett@herald-leader.comFebruary 25, 2011 

Glenn Doneghy is charged with murder in the hit-and-run death of Officer Bryan Durman in April. Durman was responding to a noise complaint when police said Doneghy swerved in his SUV and hit the officer.

Attorneys for Glenn Doneghy, who is accused of murder in the death of a Lexington police officer, say they want toxicology test results on blood and urine samples taken from their client suppressed as evidence.

The defense lawyers, Kate Dunn, Gayle Slaughter and Sally Wasielewski, say that the blood and urine samples were taken from Doneghy nearly seven hours after Officer Bryan Durman was fatally struck on North Limestone on April 29, 2010 — too long after the incident to be pertinent. Allowing such evidence, they say, could prejudice a jury.

On Thursday, the attorneys asked Fayette Circuit Judge James Ishmael to conduct a suppression hearing regarding any toxicology evidence pertaining to the blood and urine samples taken from Doneghy. Ishmael said the request for the suppression hearing will be taken up March 17.

Doneghy is accused of driving the sport utility vehicle that struck Durman, 27.

The defense attorneys said in their motion for a suppression hearing that Durman was struck at about 10 p.m. on April 29; that Doneghy was arrested at 2 a.m. on April 30; and that blood and urine specimens were taken from Doneghy at 4:55 a.m. on April 30.

The attorneys said in the motion that, while Doneghy has not been indicted for driving under the influence, a state law pertaining to driving under the influence says that if a sample of a person's blood or breath is taken more than two hours after the person stopped driving a vehicle, it is inadmissible as evidence.

The defense attorneys have not yet received all of the data pertaining to test results on the blood and urine specimens from Doneghy, they said.

Also mentioned by the defense at the Thursday status hearing in Doneghy's case was an incident on April 23, 2010 — less than a week before Durman was fatally injured — in which Durman alleged he was almost struck by a motorist on Winchester Road.

Amanda Brooke Cruz, 20, an Eastern Kentucky University student, was charged with second-degree wanton endangerment. According to Durman's report, he had just completed a traffic stop at Winchester and New Circle roads when Cruz's vehicle, traveling about 55 mph, came within two to three feet of striking him. He said he was forced to jump between his vehicle and the one he had stopped.

Cruz pleaded guilty to an amended charge of disregarding a signal of an officer and was fined $250, plus court costs, according to Fayette District Court records.

Herald-Leader reporter Josh Kegley contributed to this article. Reach Jennifer Hewlett at (859) 231-3308 or 1-800-950-6397, Ext. 3308.

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