"The defense said blood samples used to determine Higgins' blood alcohol content were improperly handled and that the method used to calculate the .087% result was not clearly or transparently explained to the grand jury."
""The argument is the connection between the fact that something went wrong, something was improper with either the handling or the drawing of this blood that caused the clotting, and when it went to the forensic lab and there was an extra step the state is now claiming was taken, there's no way we can tie that back to which sample was utilized," said defense attorney Richard Klineburger."
""There is credible evidence to support the claim that there was a BAC level of .087%. That was presented to the grand jury. There was no half-truths, there was no misleading or misdirection," said assistant prosecutor Michael Mestern."
A New Jersey judge denied a request to dismiss charges against Sean Higgins, accused of killing NHL star Johnny Gaudreau and his brother, Matthew. During a pretrial hearing, defense attorneys argued that the blood alcohol testing process was flawed, including improper handling of blood samples and insufficient explanation of how the .087% result was calculated for the grand jury. Prosecutors alleged Higgins drove above the legal limit and struck the brothers while they rode bicycles in August 2024. Court documents state Higgins’ blood was drawn at a hospital and measured at 0.087%, slightly above New Jersey’s 0.08% limit. The defense cited potential issues involving serum versus whole-blood testing and an additional step claimed by the state.
Read at ABC7 Chicago
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