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Hooksett man wants blood tests thrown out in boating fatal
He is headed to trial in December on two counts of negligent homicide for allegedly causing the death of Brendan Yerry, 28, of Hudson.
Judge Marguerite Wageling will decide whether Cable’s statements to investigators and blood-alcohol tests, which included a breath test and blood samples, can be used by prosecutors. Cable told a judge on Friday afternoon that a Marine Patrol sergeant who took him into custody for boating while intoxicated never advised him that he had the right to refuse the blood test.
“Does that make sense to you? That someone asks for consent then tells you they are going to take it from you?” Assistant County Attorney Jerome Blanchard said.
Cable also suggested during his testimony that he underwent field-sobriety tests on ground that made him appear unstable or intoxicated.
“They were conducted on top of a rocky hill,” he testified.
Cable denied that he asked to be let go.
His sworn statements in court Friday ran counter to testimony provided moments earlier by Marine Patrol Officer Seth Alie and Sgt. Joshua Dirth.
Alie testified that he only asked Cable how he was doing once he was in custody because he appeared to be suicidal.
Blood tests taken hours later at the Concord Police Department placed Cable’s blood-alcohol at .08 around 11:45 p.m.
Dirth testified that Cable offered both a blood sample and his boat after being told that search warrants were being obtained for their investigation.
Fish & Game Lt. James Juneau testified that Cable waived his Miranda rights early in the night and provided a written statement when the case was being treated as a search for Yerry, who had disappeared in the water.
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