Urso’s blood test, admission of guilt allowed, judge says

Photo

Keith Urso

By ED RUNYAN

runyan@vindy.com

WARREN

The judge presiding over the felony drunken- driving case filed against Keith Urso of Warren has ruled the blood- alcohol test results from his Jan. 31 arrest in Mecca Township and a brief admission of guilt are admissible in court.

The judge also ruled, however, that Urso’s driving offenses more than 20 years old are not admissible.

Judge Andrew Logan of Trumbull County Common Pleas Court issued rulings this week on three motions filed by Urso’s attorney, public defender Anthony Consoldane.

Judge Logan said the blood-alcohol test done on Urso, 49, charged with his 15th DUI since 1979, will be admissible at trial scheduled for Sept. 13 even though the machine used for the test had not been used for 13 months before Jan. 31, 2010.

Judge Logan said the BAC Datamaster was tested in August 2009 and found to be working properly.

Nothing about the operation of the machine was proved to violate operational guidelines, Judge Logan said.

Consoldane also asked Judge Logan to dismiss the DUI charge on the grounds that recordings were made of telephone calls Urso made while locked up in the county jail, where he remains without eligibility for release on bond.

The telephone system at the jail includes an automated warning that advises both parties that calls originating from the jail are monitored and recorded, Judge Logan wrote. Such recordings are allowed under Ohio law, he added.

In another filing, Consoldane said the statement of guilt Urso uttered to a trooper with the Ohio State Highway Patrol on Jan. 31 before he was read his Miranda rights should not be admissible in court.

But Judge Logan said no Miranda warning was necessary at the time of Urso’s statement “I’m guilty” while the trooper was asking Urso if he would voluntarily take a blood-alcohol test.

Judge Logan did agree to limit mention of driving offenses more than 20 years old, one of which involved a fatal traffic accident in 1982 in which Urso was convicted of vehicular homicide for hitting the back of a hay wagon in Bristol Township carrying softball players.

Nadine Foster of Warren, 25, died of a fractured skull as a result of the accident.

Urso could get up to 10 years in prison if convicted of felony DUI. The charge stems from his arrest at Monty’s Carry Out and Restaurant at state Route 88 and Bazetta Road.

A driver said he followed Urso there after seeing him driving erratically north on Bazetta Road.

Urso returns to court at 8:30 a.m. June 22 for his next pretrial hearing.