Motion goes to judge

By John Grant Emeigh - 08/01/2008

Police violated Wade Petersen’s Constitutional right to privacy when they arrested him at his parents’ Butte home last October in connection with a deadly hit-and-run accident, lawyers claimed during a motion hearing in Butte district court Thursday.

The defendant’s lawyer, Greg Jackson, asked Judge Brad Newman to suppress evidence gathered during the investigation and to dismiss the charges against his client.

Petersen, 21, faces one count of negligent vehicular homicide while under the influence in the death of Mariah McCarthy, and two counts of negligent vehicular assault for injuring Kaitlyn Okrusch and Valarie Kilmer, and a hit-and-run charge involving death or personal injury.

Petersen, of Butte, pleaded not guilty to the charges earlier this year and remains free on bond. His trial is set for Oct. 14.

Police arrested Petersen at his parents’ home the morning of Oct. 28, 2007, in connection with the hit and run.

Petersen’s defense team, led by Butte lawyer Brad Belke, claims police didn’t have probable cause or a search warrant when police “intruded” on Petersen’s property and arrested him. Jackson said this is a violation of his “expectation of privacy,” which is provided in the U.S. Constitution and the Montana Constitution.

“Citizens of Montana have a greater right to privacy than provided by the U.S. Constitution,” Jackson said.

The defense also wants the charges dropped on the grounds that the crime scene wasn’t properly secured, and that police failed to advise him of his rights when administering a blood/alcohol test.

Chief Deputy County Attorney Eileen Joyce countered by saying their requests are illogical and without merit.

Joyce said Petersen complicated the case because he allegedly drove away from the scene.

“He had a duty to remain and render aid,” Joyce told Newman. “Instead, he retreated home.” She said Butte police officer Josh Moore had every right to go onto the Petersen property while investigating a serious crime. She said the officer didn’t breach the Petersens’ right to privacy because no gate blocked the driveway and no signs indicated it was private property.

“It was perfectly logical and rational (for officer Moore) to be looking on Blacktail Lane,” Joyce said.

She added that Moore had a right to arrest Petersen without a warrant, because Petersen willingly opened the door when the officer knocked.

Joyce also debunked the defense’s notion that the crime scene was tainted because emergency responders ran over debris when they arrived. Joyce alleges Petersen also ran over debris when he momentarily stopped after allegedly hitting the girls and turned around in the street to drive away.

“He (Petersen) may have corrupted the crime scene himself,” she said.

Joyce skewered the defense for making what she said are frivolous motions in an attempt to get charges dropped, and asked Newman to deny these motions.

Newman said he will decide on the motion at a later date.

— Reporter John Grant Emeigh may be reached via e-mail at john.emeigh@lee.net