Defense looks to get warrant thrown out in Joseph Connolly case - KWWL - Eastern Iowa Breaking News, Weather, Closings

Defense looks to get warrant thrown out in Joseph Connolly case

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DUBUQUE (KWWL) -

Joseph Connolly's defense team is looking to get a warrant thrown out that was used to obtain a blood sample after an Aug. 2 crash in Epworth that killed four teenage boys.

Connolly's defense team said investigators failed to take into account Connolly's emotional state after the accident.

In their warrant application, investigators said Connolly failed two of the three field sobriety tests he took.  They said that, along with the odor of alcohol and the conditions of the accident led them to believe there was probable cause that Connolly was impaired at the time of the accident.

But Bob Rehkemper, Connolly's attorney, said that his weakened mental state and trauma from the accident made him more susceptible to failing those tests.

He also pointed out that Connolly scored a 2/6 on the horizontal gaze nystagmus test, which is a passing score.  He said that has been proven to be the most reliable of the three tests. 

Investigators said that Connolly didn't fail, but did show some signs of impairment.

Rehkemper argued that the search warrant didn't mention that, or the fact that Connolly blew a .047 on his preliminary breath test, which was taken three hours after the crash.

The hearing lasted a little more than three hours, and more than 20 were in attendance--a large amount for this type of hearing. 

Both sides now have one week to file additional arguments before a decision is made.

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