A judge has denied a request to limit some drug- and alcohol-related testimony in the upcoming trial of the Marshburg man accused of killing 20-year-old Dakota Heinaman in a hit-and-run crash on Route 646 in Cyclone in 2015.
In an order issued Friday, McKean County President Judge John Pavlock denied a request to exclude from trial evidence of Paul Morrisroe’s refusal to submit to a blood alcohol test after the fatal hit-and-run accident on June 2, 2015.
Morrisroe, 40, of Marshburg, is facing charges including homicide by motor vehicle while under the influence of alcohol and marijuana for the crash.
Court records said the night of the crash, police followed gouge marks from the scene in Cyclone to Morrisroe’s garage on Sunny Lane in Marshburg — more than 10 miles. A police officer looked through the window of the garage and saw a truck matching the description of the one witnesses said was involved in the fatal crash.
State police investigators arrived at Morrisroe’s residence shortly thereafter. Speaking to Morrisroe, troopers noted a smell of alcohol and that his eyes were “bloodshot and glossed over,” Cpl. Lance Schimp testified at the preliminary hearing.
Morrisroe was taken to Bradford Regional Medical Center for blood alcohol testing, but refused. He was then taken to the Kane-based state police barracks, where he was observed by Trooper Ted Race, who is trained as a drug recognition expert, court records read. A warrant for a blood draw was obtained, and Morrisroe was taken back to BRMC for the test. By this time, more than seven hours had passed since the crash.
The alcohol-related charges were based on troopers’ observations, while the marijuana-based charges were based on the blood test, court records indicate.
Defense attorney Robert Kinnear had argued that refusing the test was Morrisroe’s constitutional right, and that allowing in testimony regarding the refusal could result in his client being punished for exercising his rights.
Pavlock disagreed.
First the judge indicated that Senior Judge William Morgan had heard testimony regarding several motions in the case, and he accepted the findings of fact reached by Morgan.
Then the judge spelled out Pennsylvania’s law of implied consent for driving within the Commonwealth, which indicates that refusing to comply with testing may be introduced in evidence. “No presumptions shall arise from this evidence but it may be considered along with other factors concerning the charge,” part of the law reads.
In his motion, Kinnear also referred to a recent U.S. Supreme Court decision in Birchfield vs. North Dakota. In that case, the Supreme Court has ruled that a warrant must be obtained for a blood draw.
Kinnear alleged the decision invalidated the portion of Pennsylvania’s law which allowed evidence of a refusal to be introduced at trial.
Pavlock briefly outlined the Birchfield case and decision, and denied Kinnear’s motion.
“The Supreme Court … clearly held that ‘nothing we say here should be read to cast doubt on them (evidentiary consequences on motorists who refuse to comply),” the judge’s opinion read.
A trial in this case is scheduled to begin on Jan. 17 in Venango County.
Morrisroe remains free on $250,000 bail.
