Prosecutor weighing trying boating death case after judge excludes evidence

YOUNGSTOWN

A judge has ruled that statements made to a detective by a surgeon charged in a fatal Berlin Reservoir boat crash last year can be admitted into evidence in his trial, but the blood and urine samples taken from the doctor are inadmissible.

Judge John M. Durkin of Mahoning County Common Pleas Court issued his ruling Monday in the case of Dr. Joseph F. Yurich, 37, of Hunter’s Hill, Poland, who is charged with aggravated vehicular homicide in the death of Neal Cuppett, 58, of Akron from injuries he suffered in the May 9, 2015, nighttime crash.

The judge ruled on a defense motion to exclude the statements on the grounds that they were involuntary and to exclude the blood and urine samples from evidence because they weren’t refrigerated.

“Any statements made by the defendant to law enforcement were not coerced,” and Dr. Yurich was not under arrest when he spoke to Lt. Greg Johnson, chief of detectives with the Portage County Sheriff’s Office, after the crash, the judge said.

Dr. Yurich was permitted to ride in the front seat of Johnson’s patrol car and was returned to his home after the blood and urine samples were taken from him, the judge noted.

Judge Durkin ruled that the blood and urine samples are inadmissible because they were unrefrigerated for more than 62 hours before being taken to a forensic laboratory.

Ohio Department of Health regulations require that such samples be refrigerated “while not in transit or under examination,” the judge said.

In an Aug. 22 evidentiary hearing, Steve Perch, a toxicologist with the Summit County Medical Examiner’s Office, cited a study showing that the lack of refrigeration for up to four weeks wouldn’t significantly affect the test outcome.

But Judge Durkin said there was a failure to substantially comply with state law, and it would be up to the state Legislature to change the law.

In the hearing, Johnson testified he made no effort to refrigerate the samples because he was unaware of that requirement, the judge noted in his judgment entry.

“I will consult with my staff to determine if we have sufficient evidence to go forward with the case” without the blood and urine test results, said Paul J. Gains, Mahoning County prosecutor.

“If not, we will have no choice but to appeal Judge Durkin’s ruling,” Gains said.

Read more about the case in Friday's Vindicator or on Vindy.com.