Hit-run blood alcohol data argued at hearing

Surveillance video from the accident shows that Mr. Menner parked his car across the street from Shenanigan’s Bar and Grill, walked to the edge of the road, looked both ways and waited for traffic to pass before jogging across, policesaid.

He was struck by Ms. Gregor’s car just past the center line of the road, police said.

Mr. Menner was carried about 90 feet on the hood and windshield of her white Subaru before falling off.

Police said Ms. Gregor’s vehicle was moving 46 mph right before the crash despite a speed limit of 35 mph. In addition, it was dark and had been raining that night.

Investigators said Ms. Gregor did not wait for police or report the crash.

Mr. DiLucente argues that for the commonwealth to prove the charge of accidents involving death, it must show that his client “knew or should have known” that she struck a person that night.

“Did she have knowledge she was involved in an accident with a person, not an animal?”Mr. DiLucente said.

Judge Lazzara countered, “Had she stopped, she would have known whether it was a deer.”

“She did stop, your honor,” Mr. DiLucente answered. He would not provide any further detail on that issue after the hearing.

Judge Lazzara told Mr. DiLucente that causation of the accident is not an issue for the crimes charged, and instead, as the commonwealth alleged, it appears the defense is “trying to bring it in to attack the victim’s character.”

Mr. Kiray argued that admitting Mr. Menner’s level of intoxication would be prejudicial to the prosecution “because it could significantly sway a jury based on a limited view of Mr. Menner’s character.

“Such a consideration would be improper, and the potential for such unfair prejudice substantially outweighs any limited probative value that the toxicology report may have.”