STATEN ISLAND — A clandestine toxicologist assassin to analysis a claret sample from aloft Linden badge administrator Pedro Abad, who is answerable in the drunk-driving blast that dead two men, testified Friday that the defendant’s blood-alcohol agreeable exceeded the acknowledged limit.
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Donna Papsun, a toxicologist with NMS Laboratories in Willow Grove, Pa., testified that tests done on a claret sample taken from Abad aloof afterwards the March 20, 2015 blast showed he had a BAC of .22, aloft the acknowledged absolute of .08.
However, beneath analytic from Abad’s attorney, Mario Gallucci, Papsun said she accustomed the claret sample from the New York City Appointment of the Chief Medical Examiner, and she did not apperceive how that appointment acquired the sample.
Gallucci, who assassin NMA Laboratories to do the tests, has argued that badge bootless to chase able procedures to access and analysis the blood.
“The claret sample that they acclimated was not accurate,” Gallucci said afterwards the cloister hearing. He contends the claret may accept been impacted by medications accustomed to Abad at the hospital.
However, a assistant from the emergency allowance testified Thursday that claret was fatigued afore he was accustomed any treatment.
Prosecutor’s say Abad had a BAC of .24 aback the blast occurred about 4:50 a.m. as he was active home from the band club, Curves, and angry the amiss way on to West Shore Expressway.
Abad’s 2015 Honda Civic comatose bang into a truck, killing Linden badge administrator Frank Viggiano and Linden citizen Joseph Rodriguez, both 28, who were cartage in the car. A third Linden officer, Patrik Kudlac, again 23, was additionally a commuter in the car and was alarmingly injured, as was Abad.
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Kudlac was afterwards affected to resign from his job as a badge officer because of his injuries. Abad was accursed aback he was clumsy to acknowledgment to work.
Assistant District Advocate Mark Palladino asked Papsun to appraisal the cardinal of drinks it would booty for a man about Abad’s size, belief 170 pounds, to ability a BAC of .22.
“For a .22 blood-alcohol content, that would be about nine drinks,” Papsun said.
Palladino has approved to accept affirmation about the drinks Abad captivated afore the crash. So far assemblage accept testified to seeing Abad accept six or seven drinks over a aeon of about eight or nine hours.
Another attestant on Friday, Linden citizen Raymond Wegrzynek testified that he was Rodriguez’ best friend, and the two of them were calm abundant of the afternoon and black on March 19, the day afore the crash.
Wegrzynek, who abutting the Linden badge force in July 2016, said he and Rodriguez went to the Stiles Inn in Linden about 3:30 p.m. to watch the NCAA basketball games, again they went to Rodriguez’ abode to hang-out for a while and eat. They again went to the Central Park bar in Roselle.
He said they met Abad, Kudlac and addition Linden badge officer, Michael Rizzo, who were already at Central Park. Wegrzynek said he saw Abad accept one booze at Central Park. He said he couldn’t say if the actor had more. Added assemblage accept testified that Abad had four drinks at that bar.
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About 1 a.m., afterwards Rizzo had left, Abad and Kudlac appropriate a cruise to Curves, Wegrzynek said. He absitively not to go because he was tired. Assemblage accept said that Abad got to the band club about 2:20 a.m. with Rodriguez, Kudlac and Viggiano, who abutting the others for the trip.
After Wegrzynek accomplished testifying, he stepped off the attestant angle and absolved adjoin the aback of the courtroom, but chock-full to accord Rodriguez’s sister, Roseann Rodriguez, a kiss on the audacity as she fought aback tears. Roseann and her Rodriguez father, Angelo Rodriguez, accept been in the admirers for best of the trial.
Jessica Mitlashkova, a aloft bartender at Curves, testified Friday that she served Abad on March 20, 2015. Mitlashkova apprehend a acclaim agenda cancellation assuming that Abad purchased two drinks of Jack Daniels and a canteen of water, and bought seven drinks for bartenders and dancers. Mitlashkova said she had tequila paid for by Abad.
Mitlashkova, however, beneath analytic from Palladino, said Abad looked “buzzed” from the alcohol.
“Did he appeared to you that night that he was activity the alcohol,” Palladino asked.
“Yes,” Mitlashkova said. She said Abad was a approved chump at Curves, advancing there added than already a week, and that she apparently saw him there added than 70 times. She is the additional agent of the bar to accord that appraisal of the cardinal of visits.
She accepted that afterwards in 2015 she was accursed from Curves because she had laid her arch bottomward on the bar one night aback she was alive a bifold about-face and wasn’t activity well.
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Previously three added bodies from Curves, including addition bartender, a bouncer and a administrator testified to seeing Abad and at the bar that night and anniversary one said the actor did not arise intoxicated.
However, all three testified that Curves is actuality sued over the baleful crash. Kudlac and the Rodriguez ancestors accept filed lawsuits adjoin Curves and Central Park.
Papsun said Abad’s the claret sample was additionally activated for added types of alcohol, but none was found. Papsun said the claret sample was additionally activated for GHB, the so alleged date abduction drug, but none was found.
Prior to the trial, Gallucci said dancers at the bar ability accept benumbed him with GHB to get him to absorb added money.
The balloon will resume Monday, aback Gallucci may alpha calling assemblage for the defense.
Tom Haydon may be accomplished at [email protected] Chase him on Twitter @Tom_HaydonSL. Find NJ.com on Facebook.
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