Could the blood alcohol level and statements a suspected drunk driver made the night of the deadly I-280 crash be thrown out of court? That's what his attorney has just asked for.
Few can forget what happened that deadly night of December 30.
Bethany Griffin and four children die in a crash police say 24-year old Michael Gagnon caused while driving drunk and driving the wrong way down I-280.
Now, Gagnon's attorney wants certain details to remain under wraps.
The first isGagnon's .254 blood alcohol level, which is over three times the legal limit.
Defense attorney Alan Konop is not Gagnon's attorney, but he can give insight to the most recent events in the case. "Obviously, it's very significant evidence for the state," he says, "and it's very devastating for the defense."
In his motion, Gagnon's attorney questions the blood and urine tests. Specifically, he questions the qualifications of various parties performing the tests, the manner in which the test samples were stored and the testing qualifications and procedures. Konop explains, "I'd say, for the most part, they're usually done properly. But it's important in every case to make sure that the test was given properly before it's admitted."
Gagnon's attorney also does not want pictures of the victims shown to jurors while they were at the crash scene. Konop gives a possible explanation: "How do the pictures look? Is there anything in those pictures that would be so prejudicial that it would be improper and inflame the jury?"
Next in question: Gagnon's statements made the night of the crash indicated on the police report. Right after the crash, Gagnon told an officer "Put a good word in for me man. I'm not that trashed."
When a nurse asked him if he knew what happened, he stated "Yeah, I got drunk" and "I'm a killing machine." Konop says, "Certainly those are very serious statements made by the defendant that could hurt the case." He adds that the issue lies in the credibility of the witnesses who heard Gagnon.
The defense claims no miranda warnings were ever given to him.
A judge will hear the requests later this month.