CATTARAUGUS COUNTY
Attorney disputes ex-trooper’s blood test
DWI charges loom in fatal accident
LITTLE VALLEY — Former Erie County prosecutor Edward Cosgrove, acting as defense lawyer for a retired state trooper charged in a fatal accident, challenged the value of a blood alcohol test given to his client Thursday.
David M. O’Brien, 68, of Allegany, is free on $1,000 bail after he was charged with allegedly driving while intoxicated, second-degree vehicular manslaughter and various vehicle and traffic violations relating to a fatal accident April 11.
O’Brien, a former State Police investigator, was headed to work at the Seneca Allegany Casino in Salamanca at about 10:40 p. m. when he drove onto Exit 23 of the Southern Tier Expressway and began driving south on Route 219 in the northbound lane.
Wendy J. Karnes, 38, of Bradford, Pa., was headed north on Route 219, also on her way to work at the casino, when she was struck head-on. She was pronounced dead at the scene.
O’Brien was arrested by Cattaraugus County sheriff’s deputies and taken to the hospital, where a blood test was administered to determine alcohol consumption. At that time, deputies said results would take several weeks.
O’Brien was arraigned at about 4:30 a. m. April 12 in Coldspring Town Court and taken to the Cattaraugus County Jail for booking. He posted bail later that day.
Cosgrove said O’Brien wasn’t given the blood test at Olean General Hospital until about three hours after the accident.
“My concern is the blood test was taken three hours after the accident happened,” said Cosgrove. “The test results would then not be indicative of anything to do with the accident.”
Cosgrove said OO’Brien had consumed about three beers earlier followed by a full meal at a restaurant in the Village of Cuba and that “he was far beyond the absorption point of indicating alcohol [as the cause of the accident].” Cosgrove said O’- Brien “may have had a neurological phenomenon or a stroke. All things can come into play,” he said to indicate why O’Brien allegedly drove into the wrong lane of traffic.
“I, myself, questioned everyone who was at the accident scene, Limestone firemen and others that night and no one said David was drunk,” Cosgrove said.
Last month, County District Attorney Edward M. Sharkey requested a special prosecutor and recused himself from prosecuting O’Brien, citing a conflict.
County Judges Larry M. Himelein and Michael Nenno also recused themselves.
As a result, Chautauqua County Assistant District Attorney Grace Hanlon was assigned to present evidence to a Cattaraugus County grand jury, which reportedly took place Thursday. O’Brien did not testify before the grand jury.
The next report from the grand jury is due June 26.
Should O’Brien be charged with DWI and then arraigned, the results of the blood taken in the hospital would be made available to Cosgrove within 30 to 45 days.
