Archive for Wednesday, February 25, 2004

Brehmer jury set to deliberate

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The court trial of a man accused of fleeing the scene of a routine traffic stop will continue into its fourth day.

Todd Brehmer -- who is accused of vehicular eluding, driving under the influence of alcohol, resisting arrest and speeding -- was the last to testify Wednesday as the defense rested its case.

Wednesday was expected to be the final day of the trial, but closing statements and deliberation are scheduled for today.

On Wednesday, Brehmer's attorney, Larry Combs, called four witnesses to the stand: a worker at Brehmer's restaurant and bar; a neighbor; Brehmer; and Brehmer's wife, Wanda.

Brehmer testified that he drank a pint beer on the night of his arrest more than five hours before police pulled him over for speeding.

Brehmer testified that he left the scene of a traffic stop about 12:50 a.m. Sept. 16. He said he was frustrated by the way the police officer, Damien Baynes, was handling the situation and decided to drive to his house, which was just up the road.

Baynes had asked three times for Brehmer to get out of the car, Brehmer said, and each time he refused.

"I told him if I was not getting a speeding ticket, if I was not under arrest, I was going to go home," Brehmer said. "And he walked away."

Brehmer testified that he had waited about 10 minutes after Baynes returned to his patrol vehicle before deciding to put his 1994 Suburban into gear and drive away.

"The officer wasn't giving me answers, was extremely agitated with me, and I was scared. I wanted to be somewhere safe and somewhere where I had a witness," he told the jury.

Before driving away, Brehmer said he did not see the second police officer, Dale Coyner, arrive.

Once at home, Brehmer said he had parked in the garage and was attempting to run into his house and yell for his wife's help when police tackled him.

When tackled, Brehmer cut his arm on a glass he was carrying. The glass contained cranberry juice, he told the jury.

At first, Brehmer refused medical treatment because he was unaware of how badly he was hurt and, once at the hospital, he wanted to wait until his wife arrived, he said.

Wanda Brehmer, who is a registered nurse, testified that police told her she should not go to the hospital.

When police Sgt. Rich Brown called her from the hospital, Wanda Brehmer said she advised her husband to get immediate medical treatment and a blood test.

"I said, 'Don't leave the hospital without a blood-alcohol test,'" she told the jury.

After the phone call, Brehmer said, he agreed to medical treatment and demanded a blood test, which police refused to give.

On Tuesday, Coyner, Baynes, Brown and paramedic Mike Hirshman testified that they could smell alcohol on Brehmer's breath.

Hirshman, who told the jury he helped bandage Brehmer, said Brehmer was acting violently and there was no doubt in his mind that Brehmer had consumed alcohol that night.

Brown said Brehmer repeatedly had denied medical treatment and a blood test and that by the time Brehmer made the request at the hospital, it was too late.

"There had been an extended period of time at that point, and we decided it was a refusal," Brown said.

Under Colorado law, drivers automatically consent to a blood or breath test when issued a driver's license. Not consenting to such a test could result in a year's suspension of a license.

Brown said the police advised Brehmer of that law and warned he could lose his driver's license for a year.

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