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Forum News Service, Published October 01 2013

Suppression of evidence in vehicular homicide case sought

ALEXANDRIA, Minn. - The attorney for an 18-year-old Alexandria man charged with three counts of criminal vehicular homicide has filed motions to suppress evidence.

The attorney, John Leunig, told the court that Jacob John Dale was not advised of his Miranda rights when he was questioned by a state trooper at the St. Cloud Hospital on the night of the May 25 crash that killed Landon Lien, 19, of Carlos, on Interstate 94.

Leunig is asking the judge to suppress Dale’s statements, as well as a blood-alcohol test the trooper administered at the hospital, saying the trooper should have obtained a warrant.

A hearing on the motions is scheduled for Dec. 13.

Meanwhile, Dale, who posted bail in June shortly after charges were filed, was arrested Thursday for allegedly violating the conditions of his release. An electronic monitoring device detected alcohol in his system and a breath test confirmed those results, according to Assistant Douglas County Attorney Megan Burkhammer. In another test after his arrest, Dale tested positive for marijuana, she said.

Dale posted an additional $1,000 and was again released.

The felony counts against Dale all involve alcohol - operating a vehicle with negligence while under the influence of alcohol, with an alcohol concentration of 0.08 or more, and having an alcohol concentration of 0.08 or more within two hours of driving.