Fayette Circuit Judge James Ishmael said Friday he would order the Kentucky State Police toxicology laboratory in Frankfort to provide defense attorneys with notes on blood and urine tests of murder defendant Glenn Doneghy, who is accused of killing a Lexington police officer.
Doneghy is accused of driving the sport utility vehicle that fatally struck officer Bryan Durman, 27, on North Limestone on April 29.
Doneghy's attorneys, who sought the notes in a motion filed with the court, said later Friday that, should the notes indicate any evidence of alcohol or drugs in Doneghy's body, they will ask that the information be suppressed. They said the tests were conducted several hours after the wreck, and thus are not valid.
"These tests were taken at least four hours after the wreck and have no probative value," said Sally Wasielewski, one of Doneghy's attorneys.
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The test results might not be reflective at all of Doneghy's condition before Durman was hit, said attorney Gayle Slaughter, who also represents Doneghy.
Wasielewski said that the defense has received a "bare bones" report on the tests from the KSP laboratory, but the defense team, which includes attorney Kate Dunn, did not want to reveal what is in that report.
The attorneys want their own expert to analyze information contained in the more extensive KSP laboratory notes sought in the motion, they said.
During Friday's hearing, Ishmael also reminded prosecutor Lori Boling that the defense attorneys had not received Durman's police personnel record, which they had requested earlier.