BIDDEFORD — A York County Superior Court justice has denied a Biddeford man’s request to have evidence scrapped from his trial, according to court documents.

In April 2014, David P. Labonte, 57, who was charged with manslaughter in connection to a 2013 car accident, filed three separate motions to suppress blood samples and medical records obtained as part of the criminal investigation that followed the accident.

According to Biddeford police officer Robert Perkins’ August 2013 affidavit, Labonte’s blood alcohol content was 0.15 percent ”“ nearly twice the legal driving limit ”“ on the night of the accident.

Labonte’s argument for dismissing the evidence largely centered on the fact that after he was transported to Southern Maine Health Center in Biddeford, he never consented to having his blood drawn and that a warrant for the blood draw, which supersedes consent, wasn’t approved by a magistrate until 15 minutes after the procedure had already taken place.

In an opposition to Labonte’s motions to suppress, which were filed on Jan. 12, Assistant District Attorney Brian N. Roberts relayed the state’s opinion, arguing that the motions should be denied because the seizure of Labonte’s blood was conducted in line with state law.

York County Superior Court Justice Paul A. Fritzsche agreed with Roberts and the state in his decision.

“Motions to suppress #1, #2 and #3 are denied,” wrote Fritzsche in an order dated Jan. 23. He did admit, however, that if this case didn’t involve a death, his decision might have been different.

It is unclear whether Labonte’s blood was drawn before or after the warrant was issued.

Officer Scott Hendee of the Biddeford Police Department testified that he didn’t conduct the blood draw until the department notified him that the warrant had been approved, according to court documents.

But Hendee recorded 8:45 p.m. as the time of the blood draw, while Judge Jeffery Moskowitz reportedly didn’t issue the warrant until 9 p.m. The state even acknowledged this “fifteen minute discrepancy” in its reports.

In an attempt to justify Labonte’s motions to dismiss, defense attorney Neale A. Duffet called the state’s claims “blatantly” contradictory.

But these arguments more or less fell on deaf ears as state law dictates when a motor vehicle collision is fatal, police must test the blood of all drivers for intoxicants. In his decision, Fritzsche referenced the 2007 case of the State of Maine v. Richard Cormier, which upheld the constitutionality of that statute.

Another justification for the blood draw, as pointed out by Fritzsche, is the fact that Labonte’s driver’s license had a conditional Q restriction, resulting from two prior OUI convictions. This restriction “requires the motorist to submit to a test if there is evidence of driving and alcohol consumption, which there was,” wrote Fritzsche.

Duffet disagreed with this point, arguing that the affidavits filed by various Biddeford police officers don’t state any facts to suggest alcohol caused Labonte’s observed “impairment,” rather than a cardiac event he allegedly suffered during the accident or the force of the crash and airbag deployment.

According to court documents, the accident occurred at about 6 p.m. on Aug. 2, 2013, when Labonte, who was driving a pickup truck on Route 1 in Biddeford, veered into the oncoming lane of traffic, careening over the lip of the sidewalk and striking a family of three, who were riding bicycles.

Two of the bicyclists, Jamerico Elliot and his 16-month-old son Lavarice Elliot, were in critical condition when police arrived at the scene, and Jamerico Elliot, 52, of Biddeford, died from his injuries on Aug. 7.

At his arraignment in November 2013, Labonte pleaded not guilty to all of the charges he’s facing, including ”“ in addition to manslaughter ”“ three counts of aggravated criminal operating under the influence, two counts of aggravated assault, three counts of reckless conduct, two counts of aggravated criminal mischief and one count of assault.

Manslaughter is a Class A felony, which is punishable by up to 30 years in prison.

— Staff Writer Angelo J. Verzoni can be contacted at 282-1535, ext. 329 or averzoni@journaltribune.com.