Blood Tests May Be Excluded
Byline: Josh Stockinger email@example.com
A Kane County judge says he will decide next week whether forensic test results from a missing blood sample can be used as evidence in a St. Charles womans reckless homicide trial.
The blood, which South Elgin police have admitted to mishandling and possibly destroying, is "the heart of the states case" against 20-year-old Erika Scoliere, Assistant States Attorney Steve Sims said.
Scoliere faces up to 14 years in prison if convicted of reckless homicide and aggravated driving under the influence in the July 13, 2007, death of Frank Ferraro, 40, of South Elgin.
On Tuesday, defense attorney Stephen Komie argued the charges should be dismissed because the defense has no way of independently testing or examining the states key piece of evidence.
"This defendant cant start on a level playing field," he said at an evidence hearing in front of Judge Thomas E. Mueller. "The indictment should be dismissed because they cant prove it."
Scoliere is accused of being drunk when her 2003 Ford Escape turned in front of Ferraros 2005 Kawasaki motorcycle at Randall and Silver Glen roads in South Elgin, killing Ferraro. Police said her blood was drawn about three hours later. …