The Richmond Register

May 10, 2010

Car-wreck death case in mediation

By Brian Smith
Register News Writer

RICHMOND — A manslaughter case against a Richmond woman has been sent to felony mediation and a status hearing is set for Thursday in Madison Circuit Court.

Keiley Harrison, 24, faces charges of second-degree manslaughter, second-degree assault and aggravated driving under the influence stemming from a fatal automobile accident last May on Irvine Road.

The crash killed an Irvine man, 59-year-old Archie Hurley, and seriously injured his wife, Patsy.

Harrison had been scheduled to go on trial beginning April 26, but the trial was postponed after the case was sent to mediation on April 20.

Senior Judge Julia Hylton Adams was assigned to handle the mediation within 30 days of the order, and a status hearing is scheduled for 11:30 a.m. Thursday.

Harrison’s attorney, Richmond lawyer Jim Baechtold, had filed several motions in advance of the April 26 trial date seeking to have the results of blood-alcohol tests performed on Harrison excluded from the trial.

State police officers on the scene of the accident did not perform field sobriety tests on Harrison because she was injured in the accident and transported to the University of Kentucky Medical Center in Lexington, Baechtold’s motions state.

Baechtold asked Madison Circuit Judge Jean C. Logue, the original judge in the case, to exclude test results from blood samples collected at the Lexington hospital because they were collected for diagnostic and therapeutic reasons and not for evidence collection.

The last motion, which asked Logue to prevent prosecutors from introducing the test results, argued that prosecutors had been unable to demonstrate that the samples were collected in compliance with state law governing blood sample collection in drunk-driving cases.

State law requires such samples to be collected in the presence of a police officer or at his direction, and the site where the blood is drawn cannot be cleaned with alcohol before the sample is drawn.

VanWinkle case

A pretrial conference also is scheduled for a woman accused of raping and sexually abusing a teenage boy.

Jaclyn Dawn VanWinkle, 26, is charged with third-degree rape, third-degree sodomy, first-degree sexual abuse and third-degree unlawful transaction with a minor for allegedly having sex with a 15-year-old boy.

VanWinkle’s case has been continued several times while attorneys wait for the results of DNA tests being performed on evidence collected from the boy’s home.

A competency examination by state psychiatrists determined VanWinkle is competent to stand trial after her attorney, Richmond lawyer Mike Eubanks, had requested the examination because his client has episodes “in which she cannot remember where she was or what she was doing,” according to a motion filed in the case.

VanWinkle was on probation following a guilty plea in connection with abuse committed during her employment as a nurse’s aide at Madison Manor nursing home when the alleged rape occurred.

Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694. For breaking news, follow Brian at www.twitter.com/RR_BSmith.