Blood samples taken from Melissa Helton that revealed she had an alcohol level twice the legal limit after the August 2006 car crash that killed three children and an adult passenger can be used as evidence in her murder trial, Jessamine County Circuit Judge Hunter Daugherty ruled Thursday.
Helton's attorney Ed Dove filed a motion to suppress the evidence because the blood sample was taken without a search warrant, as required by state law. A search warrant is not required if the person consents to taking the test, and since Helton was unconscious at the time the sample was gathered, the evidence can be used, Daugherty said.
Dove also made a motion to suppress evidence gathered at the scene of the accident because an unknown individual cut down trees the car hit and cleared the area sometime after the crash. Prosecutor Tom Lockridge said he has photos of the scene before it was altered, and sheriff's deputies can testify to its condition. Daugherty ruled that information can be used during the trial also.