Aurora woman says state flubbed test for pot, wants to undo guilty plea in fatal crash
Alia N. Bernard, an Aurora woman serving a six-year prison term for a May 2009 crash that killed a St. Charles couple, wants to undo her guilty plea, arguing the state used flawed methodology in chemical tests that determined marijuana was in her system.
"If these tests are invalid, Ms. Bernard can't be guilty of the offense she pleaded guilty to," said her attorney Don Ramsell.
Bernard, 30, pleaded guilty in late 2011 to aggravated DUI for causing a crash that killed Wade and Denise Thomas and injured 12 other motorcyclists on a ride at Route 47 and Smith Road near Elburn.
In Illinois, if there is any amount of an illegal drug in a motorist's bloodstream, that person is automatically criminally responsible for the crash. Prosecutors do not have to prove impairment.
Bernard testified that she smoked pot two days before the crash, which she said occurred when she took her eyes off the road to put on a pair of sunglasses.
Police responding to the crash also did not note than Bernard was impaired. She was charged a year later with causing the death of the Thomas couple.
Bernard was sentenced to seven years in prison in February 2012, but a judge later reduced it to six years.
An appellate court ruled that Bernard should have a hearing, at which a judge will decide whether to let her withdraw her guilty plea,
Ramsell has filed court papers arguing Bernard should be allowed to withdraw her plea because her first attorney did not challenge lab results.
He says the state's lab failed to use a process called "method validation," in which the tester must develop a method to identify the illegal substance and then test it to show it can exclude other substances to avoid a false positive.
"The tests that were done were improper and therefore the alleged cannabis found in her system was not the result of a scientifically valid testing process," Ramsell said.
Ramsell has subpoenaed the state's lab records, but the Illinois Attorney General's office is fighting the subpoena.
The case is due in court on July 1. A judge then might set a date for a hearing and arguments.
Bernard is currently serving her prison term at the Decatur Correctional Center and is eligible for parole in March 2017, according to the Illinois Department of Corrections.