Senser Att’y: Cocaine In Victim’s System At Time Of Death

MINNEAPOLIS (WCCO) — The criminal defense attorney for Amy Senser, who is charged with criminal vehicular homicide in a hit-and-run death last year, filed a motion to dismiss the criminal case.

Attorney Eric Nelson filed the motion in Hennepin County Court Friday afternoon.

He claims, in addition to a lack of probable cause, the victim had a high level of cocaine in his system at the time of his death.

Senser is charged in the death of Anousone Phanthavong, who was struck and killed the evening of Aug. 23, 2011 along the Riverside Avenue exit from westbound Interstate 94.

The motion also states that Phanthavong’s autopsy showed he had cocaine in his system — .60 mg/L — and that a person with this amount of cocaine is “likely to be moving erratically and unpredictably.”

Charges recently amended claim that Senser should’ve had at least four seconds to notice Phanthavong on the side of the road.

The charges also included a statement from a witness who claimed to have seen Senser’s vehicle driving erratically, dipping between lanes and moving at inconsistent speeds.

After the amended charges were release, Nelson stated he did not think the complaint proved she knew she hit a person. He said the evidence against Senser is purely circumstantial.

Also on Friday, attorneys for both sides in a civil lawsuit against Senser met at a discovery conference, where the family of Phanthavong, and their attorneys, received limited access to evidence previously not disclosed to them.

Senser is the wife of former Minnesota Vikings player Joe Senser.

  • Scooby


    • Really?

      Funny. I guessing the prosecutor would love a breathalyzer reading from Ms. Senseless from the same time. Kill a guy with your car while your drunk, if you rich and white, drive a way and you can get a way with murder in this country.

      • Jo

        Hummmm,,,Do you remember the name OJ Simpson?????????

    • Thou shalt not

      Death to the Senseless Killer
      an eye for an eye
      a life for a life
      a rope is awaiting a swinger

  • Andy

    No surprise, smart lawyer.

    • Truth's a bugger

      Desperate lawyer and othe rthan this smokescreen he’d be fricked. Rather she would.
      She’s as evil and guilty as OJ, Adolf, Charlie Manson and Attila.
      Wheter she walks on the bullchit leaglese skirting the facts and issues it remain – she’s a flat out cold blooded murdering whie female killer. She will rot in he!!, hopefully she will be begging for a meal on a corner and may no one have mercy on her pitiful arrogant evil soul.

      • @BUGGER

        You’re crazy dude1

        • Tom

          For a person who was on drugs (the victim) how did he have the wits about him to turn on his hazard lights ( which is what your supposed to do when your call is stalled in the roadway or on the roadside)? When a person is under the influence they dont think clearly.

          But is Sensors defense trying to say that because the victim was on drugs that should eliminate the fact that his client was drunk, seen weaving in and out of traffice, didnt know she hit someone, doesnt report the accident for week Her hubby tells her to go straight home, a “child” sees her passed out on the couch, and other evidence that his client should let off the hook? Apparently.

          I am surprised she hasn’t used ” well my husband used to play for the Vikings and is very well known” defense!

          • Disgusting

            or how about the famous defense ‘ the devil made me do it’ Sensor lady is as quilty as sin,,,and shes making her sin worse by hiding and running away and not owning up to what she obviously did (under the influence of drugs and alcohol). shes lookin at a long time in prison…which is where she deserves to be right now!!!! indeed Amy so your sins will find you out,,,just ask Petters & Hecker…look where their wealth got them…in the clink!!! you too!!

  • James

    she’s such a sorry excuse for a human…She’ll always be remembered as a murderer, which is what she did to that poor man.

    • Larry Dentz

      the facts are she hit someone and then left the scene so she did do something wrong we all know she was more than likely drunk they are just trying to get out of it.

    • @kevin

      Hey Kevin! Down here! Shut up, Kevin……

    • Enough said


      Throughout your illiterate rant you used “your” incorrectly. Your means of or relating to you. You should have used “you’re” which a contraction for you are. But then reading further it is evident that an apostrophe is not something with which are familiar as evidenced by Lets, isnt, and dont. These should have been let’s isn’t don’t. So it’s not only what you said but how you said it that shows you are clueless.

      • @Enough Said

        While you’re* too busy worrying about looking smart and playing grammar police, you fail to notice the inappropriate use and labeling of “murderer” by James. Stop worrying about ways you can attack Kevin because you don’t like his comments and start using your head for critical thought, as opposed to low hanging fruit like grammar correction.

        • Shelly

          Actually, murderer might very well be exactly the correct term. You can be charged, and found guilty of 3rd degree murder for killing someone while driving drunk. I know this because it just happened here in Rochester to a man who killed an absolutely wonderful young man. Unfortunately, because of her cowardice and inability to take responsibility for her actions, we’ll never know for certain if she did the very same thing. Had she done the adult, responsible thing the night that she probably murdered this poor man we would all know the facts. I believe that if you leave the scene, the courts should just be allowed to assign you a BAC of at least .25! It’s unfortunate that she continues to shirk her responsibility by blaming the victim. What a waste of a life she is.

          • Just a Thought

            Wow, that’s a stretch. In order to convict on 3rd degree murder you have to have three qualifiers.

            1. A person, without intent to effect the death of any person, caused death.
            2. The person caused the death of another by perpetrating an act eminently dangerous to others, AND
            3. Was evincing a depraved mind, without regard for human life.

            The first two absolutely on any fatal crash where the person is impaired. But the third is harder to prove. Basically the state would have to prove that the person was depraved, which is tough. To prove that the person was so morally corrupt that he believed that driving impaired was perfectly OK is pretty difficult….

            • @ Just

              Look at her face. All 3 qualifiers now met. Guilty of 3rd!!!

            • Shelly

              Indeed, those are exactly the 3 things that need to be proven, and it was in the case here. Sentencing is in March, and we’re all hoping for the maximum on all counts (he was also convicted of 20 counts of various vehicular criminal operation – he hit 4 pedestrians in 2 separate incidents seconds apart, killing one), and that they run consecutively. I’m pretty sure that driving drunk easily classifies as depraved, and a jury here certainly qualified it as such. I hope it’s precedent setting! Maybe we’ll get more drunk drivers off the road!

      • ahab

        First, such a motion is usually standard operating procedure for a defense attorney. I seriously doubt that a judge will agree, since probable cause just means there’s a pretty good chance, based on the evidence, that she committed a crime. No guilt is proved yet. Secondly, your poor punctuation shouldn’t take away from your message, but it does affect your credibility to certain people. Those naps you took in English class are coming back to haunt you.

        • James

          No doubt she’s going to jail for a long time…

          You can’t hit a person and not know it unless you’re high on painkillers and drunk.

          Say bye to the kiddoes for 5-10 years…

      • Realist

        Wow! This is classic argumentum ad hominem.

      • Sue

        fk off Buddy!

    • dan

      Just like OJ

      • Ace

        But she doesn’t play football!

    • Realist

      Does that mean we throw away due process?

    • See BS

      Perhaps he was so jacked up on coke — he did not notice the empty gas tank light on the dashboard.

      Maybe next time you’ll have to mortgage your home to get a lawyer for hitting someone under the influence on the freeway.

  • MrM

    Seriously Joe, this is the best defense atorney you could find?? How cheap are you?

  • Monica

    This is a joke right? A little early for April fools day though…

  • Billy

    You can’t tell me she didn’t know she ran someone over. Must have been drunk as a skunk, and taking plenty o mamma’s little helpers…

  • Red

    how did not know she hit someone duh

    • Bill Clintons Cigar

      He was a 90 pound asian. I have hit bigger bugs. The bigger question is where was he when he got hit. Was he walking in the road? There have been a few people killed that way the past few months. Of course you never hear about them becasue the persons driving those cars were never charged. Was he dressed in white and walking far off the road? Was he dressed in black and walking in the road? This was at an exit, I dont look for people at night walking in the highway. Did she know she hit him? H*ll I dont know I was not in the vehicle with her. I guess you all were. Presumed guilty unless found innocent I guess. If she was ugly and poor and married to a star…..this would not even be in the news….and the family would not be suing to get $.

      • Ines Beag

        100% right. I hope if this ever happens to me, the jury pool is not made up of the moronic comments here.

      • jean

        re-read this artical; he was filling his tank wiht a 2 gal jug at his car which was pull of the road on the should of the exit ram. lean to read please. she hit a man which he weight a lot more than a orang cone,,, she turned her she in four days to late to run a drug test.,,she lnow she he someone, she call her hubby and the message were deleted on her cell phone…. but she has a great lawyer and she has the money…

        • Can you say Spell Check

          Can you say, “spell check”

          • llp

            who cares it’s the point not how itls written.

            • eat it llp

              No llp, Jean say good so care all I do good night make sense?
              Me love you long time.

              • justice?

                you have no soul, mr bill clinton’s cigar-spell check-eat it lip”. just lucky it wasn’t your loved one that got killed?

      • Realist

        Wow, I hope this gets removed ASAP. You don’t post peoples addresses.

      • le vell

        boy u must have run someone over n got away with it n race or weight do not have any thing to do with it u wouldn’t talk like that if it was your family

      • Killin' Machine

        Desperate lawyer and othe rthan this smokescreen he’d be fricked. Rather she would.
        She’s as evil and guilty as OJ, Adolf, Charlie Manson and Attila.
        Wheter she walks on the bullchit leaglese skirting the facts and issues it remain – she’s a flat out cold blooded murdering whie female killer. She will rot in he!!, hopefully she will be begging for a meal on a corner and may no one have mercy on her pitiful arrogant evil soul.

  • Mr.Obvious

    This is when we need the price is right ‘losing horn’ sound.

    Wa WA wawaaaahhhhh

  • Denny

    I did not know I broke the law is not an excuse, she is guilty as can be.

  • luvs

    How do you not know you hit a person? Even if you didn’t know it was a person who in their right mind would hit something that weighs over 100lbs and not look and see what it was???

    • le vell

      yes sir

  • alligator

    and “we the people” will dismiss her attorney as a blow hard and Amy as the detestable person that she apparantly is…..nothing in her version of events makes any sense and no jury will fall for her “i didn’t know i hit anybody” garbage……no matter how much money they will pay out in a civil sense she WILL pay her debt to society as she should.

    • Right on Alli

      “we the people” will surely let Amy know what we think of her and her over-priced arrogant pr!ck of an attorney.

    • Shelly

      Actually, I don’t know why anyone here is being critical of the attorney. He has a job to do, and he’s just doing it well. Any less, and he could be the next one in court, and nothing less should be expected of a defense attorney. If any of us were ever unjustly accused of a crime, I’m sure we’d rest easier knowing that there are good attorneys like him out there. Unfortunately, none of us could probably afford one like him!

      And, I’m certainly not saying that she is innocent – quite the contrary. I don’t believe one is too inclined to turn oneself in for a crime without having committed it.

  • Twins FAN

    Please have the lawyer serve the same amount of time as Ms. Senser has coming for his mean spirited and insensitive motion. A man died here. Admit your behavior, serve your time. Perhaps you can grow up a bit with the pressure off your high society life while locked in the pokie with the general population.
    Oh, I forgot—you will get house arrest, due to your money.
    But judgement day in the afterlife, will not be so ease……….

    • Andy

      The defense attorney is just doing what a defense attorney does. Be mad at the one who committed the alleged crime.

  • See BS

    You are suggesting mob bullying?

    • Goes around ..

      Hey dude — you realize you may be onto something. lol
      Shame the woman to death. Spare us taxpayers the joke of a trial.
      Not to shabby there BS’er, not to shabby. I’m in

  • ZZZ

    Just give the family a wad of cash and call it a day, that’s all they want anyway.

    • Mimi

      Is that what you would want if it was your loved one? Or would you want justice?

    • le vell

      esay for u to say i would want your behind locked up life for a life

  • Good Grief

    lmao!!! really, wow, I didn’t know we had such great legal minds in MN? Some of you have this all figured out, don’t you? Well, good, you’ve proved we don’t need a judicical depatment in government anymore. Let’s save some money and get rid of it completely. From now on, let the Police be the enforcement, the judge, and the jury all in one. Hell, let’s just start shooting people on the spot if we think they’re guilty!
    The attorney is dong his job. Of course it won’t be dismissed, but he does have to file for it, or he’ll be fired. Then how about letting the courts do their job??

    • Big Tree

      CORRECT – we indeed got it.
      an eye for an eye – she admitted twice that she did it.
      where is the rope?????

    • Momsgotit

      Not only would he be fired, he would be committing malpractice by not filing the appropriate motions in this case. I am not saying one way or the other whether I think she is guilty or not, that will be something that will need to be decided when all of the evidence is presented.

  • Drunk And Loving It

    Sounds pretty bagel-y

  • Curtis

    Lol, that mug shot sure reminds me of Michele Bachman… Is it the “deer in the headlights eyes” ? I dunno…

    • bye killer

      bang bang bang

    • Reagan's love child

      I don’t care they’re both still REALLY HOT!!!!!!!!!!! SO is Sarah Palin!!!!!!!!

  • Andy

    Actually the prosecutors won’ t be finding anyone guilty, that’s the job of the jury.

  • desert eagle .50

    The lawyer is a bum She isn’t getting the best defense that money can buy, like OJ did.

    OJ is innocent. Jury said so.

    • Schae

      OJ was found NOT GUILTY by a jury, NOT innocent. Just because he was found to be NOT GUILTY doesn’t mean he he’s actually innocent of killing his ex-wife and her friend. It just means that the evidence wasn’t there to support a conviction. By the way, where is OJ now? Oh, that’s right–he’s in prison. As far as Amy is concerned, she needs to GROW UP and start taking any and all responsibility for what she’s done. An innocent man lost his life that night.

  • Journeyone

    Oh my my what a surprise.

  • richard

    I think one of her husbands coaches said it best ” all excuses are good excuses but none are acceptable “

  • pitiful

    She and Papa Joe are adding insult to injury. Accept responsibility for what you did instead of trying to find a loophole to get you out of it. I hope she rots in hell, with Papa Joe right beside her.

    Despicable people.

    I know the only time I’ll be at one of their restaurants is to take a huge dump, never to buy anything.

    • Buster Hymen

      Here’s where I feel compelled to inject my opinion, and that is in advocacy of the people that work in the restaurants. They are victims as well. Obviously not to the degree of the loss suffered by the Phanthavong family, but nonetheless will feel the wrath of an outraged public. Here’s where if Joe had any sense of moral compass (which he clearly demonstrated he does not), he would allow the majority owner (my baloney has it’s first name, it’s) to buy him out and place another namesake for the sake of the business that employs innocent people. So by perpetuating this charade, not only has this family caused suffering in actual loss of human life, but continues to damage the livelihood of their own employee’s. I can only speculate that there has been some economic fallout among those employed due to sampling of public opinion. But, it really comes as no big surprise I suppose, as Joe has been known to display utter contempt for his own employees from time to time. How could we expect him to have compassion for a fellow human slain when he is not even capable of compassion, understanding, or support of ones in his own employ? I pity them, really, for through their actions of inaction, unwillingness to right the wrongs previously done, and inability to accept responsibility, lies the absence of a soul. What greater tragedy could there be in witness to God than his children taking their journey through life with the complete absence of a soul. If he had any shred of decency, or any sense of moral compass, he would distance himself from that establishment and let it prosper without his tarnished name.

      They will be punished from that day forward for the free will they have chosen to exercise, and continue to exercise.

      True redemption will only happen through admission, apology, and acceptance.

      God weeps for the free will chosen, and because of it, all his children involved are broken.

      • Andy

        Take your bible and shove it

        • Buster Hymen

          You’re right! That’s exactly what they did when they began to handle this incident. What can we do not to get caught? What can we do to preserve ourselves? What can we do to diminish the gravity of the situation?

          It’s all about someone determining the value of their life greater than the value of others. They did it at the scene of the crime, and continue to do so by remaining tied to a business that supports the livelihood of innocent people.

          Just took that bible and shoved it right out the door. Eh, who needs it, right?

          I’ll have to see what my friend Ben thinks about the whole deal.

          What do you think, Ben?

          • Benjamin Dover

            Trust me, Buster. I know the meaning of “shove it”.

            And between you and me, I think Andy here may too.

      • You're right about 1 thing

        …people will certainly take their anger out on the Senser name, including the restaurant. I sure will, employees or not. I will never support that restaurant. Any smart employee would currently be searching for a job. Bankruptcy will not save that business, it’s toast.

      • Truth's a bitter bugger

        Desperate lawyer and othe rthan this smokescreen he’d be fricked. Rather she would.
        She’s as evil and guilty as OJ, Adolf, Charlie Manson and Attila.
        Wheter she walks on the bullchit leaglese skirting the facts and issues it remain – she’s a flat out cold blooded murdering whie female killer. She will rot in he!!, hopefully she will be begging for a meal on a corner and may no one have mercy on her pitiful arrogant evil soul.

  • Mike

    Filing to dismiss the charges shows their disregard for the law. Disgusting.

  • Splatter

    May they rot in hell …. that’s a certianty I guess at that.
    May they end up broke and working as a cook at a restaurant too.
    May that 92 year old woman elect to take out her car when Amy’s out walking around in her bikini become a reality.

  • joesux

    Joe is guilty of conspiricy.

    • Kevin

      Joesux super Judge.

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