Blood evidence to be allowed in Connolly vehicular homicide tria - KWWL - Eastern Iowa Breaking News, Weather, Closings

Blood evidence to be allowed in Connolly vehicular homicide trial

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DUBUQUE COUNTY (KWWL) -

New developments in the case against a man accused of causing a crash that killed four Epworth boys -- a judge has ruled the blood evidence will be allowed in the trial.

25-year-old Joseph Connolly is facing four charges of vehicular homicide for his role in the August crash.

Police say he was drunk and speeding when he ran a stop sign slamming into a utility vehicle, killing the four boys.
Victims Bryce Wilwert, Mitchell Kluesner, Nicholas Kramer and Sean Kenneally were all 14 at the time.

Deputies on scene say Connolly smelled like alcohol, and failed two of the three sobriety tests he took.  That was enough reason to get a warrant to draw and test Connolly's blood, according to a decision handed down by Judge Todd Geer Tuesday.  This despite the defense's complaints that the results of the preliminary breath test, which was below the legal limit, was left off the application for a warrant.

However, Connolly's phone records are not permitted.  "The defendant also argues that the search warrant authorizing the extraction of data from the defendant's phone was issued and executed in violation of the defendant's rights under the Iowa and United States Constitutions. The court agrees," Geer said in the decision.

 

Brad Hanson contributed to this report.

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