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Boater's Blood Alcohol Level to be Part of Manslaughter Trial

August 13, 2008 - PORTLAND -- The legal skirmishes preceding the trial of a Massachusetts man charged with manslaughter took a turn against the defense Wednesday when a judge decided the blood alcohol test results are admissible and that a change of venue motion will be decided next month.

In deciding to admit the blood alcohol test result, Justice Robert Crowley rejected the argument that the drawing and testing of Robert M. LaPointe’s blood was in violation of his rights because there was insufficient probable cause to admit the results. LaPointe's lawyers also argued the sample wasn’t properly transported to a lab.

Additionally, Crowley will allow testimony by a police chemist who asserts LaPointe’s blood alcohol level was .15, almost twice the legal limit of .08, at the time of the collision just after 9 p.m.

Lawyers for LaPointe, 39, of Medway, Mass., asked Crowley to exclude findings that LaPointe had a blood alcohol level of .11 three hours after the Aug. 11, 2007 boat collision on Long Lake in Harrison that killed Terry Raye Trott, 55, and Suzanne Groetzinger, 44.

LaPointe and his companion, Nicole Randall, 20, of Bridgton suffered minor injuries when LaPointe’s 32-foot Sunsation powerboat sliced diagonally through a 14-foot boat operated Trott with Groetzinger aboard.

LaPointe is charged with two counts of manslaughter, two counts of aggravated operating under the influence and one count of reckless conduct with a dangerous weapon.

The state has dropped two additional counts of aggravated operating under the influence while Neale A. Duffett, George Hassett and J. Albert Johnson, the attorneys defending LaPointe have also filed motions to delay and change the venue for the Superior Court trial scheduled to begin in Portland Sept. 8.

Tamara Getchell, speaking for the Cumberland County District Attorney’s office, said Jennifer Norbert, the assistant district attorney who argued against the defense motions, would not comment on the legal developments because it might taint the jury selection for the trial.

It will be at the jury selection that Crowley will decide on the motion for a change of venue from Cumberland County Superior Court in Portland, after he polls potential jurors about their knowledge and feelings concerning the case.

The rest of the motions from the defense, all filed in the end of July, argued that allowing certain testimony and evidence could prejudice and inflame the jury.

Lawyers for LaPointe asked Crowley to exclude a video taken to replicate speeds at which LaPointe was operating his boat and exclude opinion testimony about the speed of LaPointe’s boat, as it wasn’t based on fact.

Other testimony the defense asked Crowley to ban included information about how much alcohol the defendant allegedly drank on dates other than Aug. 11, Patricia Raitto’s statement that Trott and Groetzinger were “happy, content and in love,” testimony that the Sunsation came to rest near a campground and statements from police chemists that LaPointe chose not to independently test his blood for alcohol once it was drawn.

Citing concerns that jurors might see LaPointe as unremorseful, the defense asked the judge to exclude evidence about LaPointe visiting where his boat came to rest in Harrison to retrieve the keys to his Corvette.

LaPointe’s lawyers also requested that data gathered from LaPointe’s boat be excluded. The information contested included engine performance characteristics from the “engine guardian” and speed as recorded by the boat’s Global Positioning System, which shows the highest speed over the ground since it was last reset. The defense argued that the prosecution didn’t know when the system was last reset and the 79 mph figure gathered wasn’t an accurate measure of speed.

Finally, lawyers for the defense asked the court not to allow photographs of the deceased Trott and Groetzinger. “The photographs will serve no purpose other than to inflame the jury,” the motion read.

The state also filed several motions in the end of July. Anderson asked Crowley to allow the jury to be taken to Long Lake to see the crime scene and to exclude evidence of Trott and Groetzinger’s blood alcohol levels. Anderson also asked the court to seal pretrial motions because they could contain suppressed evidence and draw publicity.

The state also dismissed two of the seven counts against LaPointe. They dismissed two counts of aggravated operating under the influence because the law defines the offense as operating on a “way,” and a lake is not considered a way.

LaPointe, his father, George LaPointe, and Rick’s Casino Inc. also face two civil suits filed by the families of Groetzinger and Trott. The suits seek damages from Robert LaPointe for the suffering and deaths of Groetzinger and Trott, from Naples Casino for negligently serving alcohol to LaPointe, and from George LaPointe for accepting a parcel of land from his son after learning of the plaintiffs' intent to sue.

By Julia Davis
jdavis@keepmecurrent.com


Lakes: Long Lake
Regions: Sebago


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