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Saturday, December 07, 2013

Ind. Courts - "Judge allows vehicle’s computer data as evidence in hit-and-run fatality case"

Ruth Ann Krause reports in this morning's Gary Post-Tribune:

Attorneys representing a Lakes of the Four Seasons man on trial in a fatal hit-and-run crash asked the judge to suppress information police investigators retrieved that showed the speed the man was traveling at impact.

Defense attorney Paul Stracci argued that defendant Jason Cozmanoff and his father (who owned the vehicle in question) had granted only limited consent to police to search his vehicle. That consent, Stracci said, did not include allowing police to retrieve computer data stored in the 2002 GMC Yukon, which police retrieved from the elder Cozmanoff’s garage.

“He was not consenting to anything beyond that,” Stracci said.

Lake Superior Court Judge Salvador Vasquez denied the request to suppress, saying the consent was “broad enough to give law enforcement access to every part of that vehicle.” * * *

Lake County police Lt. Steven Trajkovich said he retrieved data three days after the crash from the airbag control module, which stores information on the throttle position, vehicle speed and whether seat belts were in use both before and after air bags are deployed.

Five seconds before impact, the Yukon was at 100 percent throttle, going 78 mph; a second before impact, the speed was 65 mph.

Posted by Marcia Oddi on December 7, 2013 11:28 AM
Posted to Indiana Courts