Judge denies two motions in deadly crash retrial

A new judge denied two motions filed by Kelli Smith’s attorney Wednesday morning during a hearing in Montgomery County.

The judge rejected a change of venue and a motion to suppress blood evidence. Smith’s lawyers argue her blood was drawn illegally before she was formally arrested.

Smith was convicted of involuntary manslaughter more than a year ago in a deadly crash on Interstate 70. Smith crashed head-on into Thomas Sullivan near the 170 mile marker in 2012. Smith was driving the wrong way in the eastbound lane when she hit Sullivan around 3:30 a.m. A blood test showed Smith had a blood alcohol content of .085, but Smith’s attorney Jennifer Bukowsky said she was given a date rape drug that night, which police did not ask a lab to screen for when they submitted the blood. An appeals court overturned the conviction in December 2015, granting Smith a retrial due to improper instructions given to the jury.

Judge Keith Sutherland denied the motion to change venue from Montgomery County. Bukowsky wanted to move counties due to the small community’s knowledge of the case, or the people involved in it. Judge Sutherland said the court could still find an impartial jury pool through the voir dire process.

Bukowsky can still try to suppress the blood evidence through a pre-trial motion.

The date for the retrial has not been set. Judge Sutherland asked for both sides to consider dates in July or August.