Pending in York County is a manslaughter case for a boating accident involving our Client. Tim Zerillo filed a Motion to Suppress and hearings were held on that Motion earlier this year, in which several law enforcement officers testified. Tim's goal was to suppress the blood-alcohol test results, along with our Client's statements. Tim's argument was that a warrant was required for the seizure of our Client's blood, which was not obtained. Further, our Client was not permitted by the police to travel in the ambulance to the hospital with his dying brother. Even though he was not formally restrained, we argued that he was in custody for Miranda purposes, and his statements should have been suppressed absent Miranda warnings.
The Court has agreed and suppressed the blood-alcohol test evidence along with all statements given by our Client.
This is a terrific victory for our Client as he continues to fight for his freedom in the face of this horrible tragedy.
