Senser Attorney Wants Hit-And-Run Case Thrown Out
MINNEAPOLIS (WCCO) -- Amy Senser's lawyer says she never went to a Florida detox facility for treatment. That's according to court documents that were filed Friday.
Senser's attorney, Eric Nelson, submitted those documents and asked a judge to throw out Senser's hit-and-run case in the death of Anousone Phanthavong. Her lawyer said evidence presented by the prosecution isn't enough to prove that Senser knew she hit a person after the accident and that it won't hold up in court.
Prosecutors are claiming she may have been treated at a Florida detox facility after the crash. Nelson's motion argues that not only did she never go to the Florida detox facility for treatment but that she also wasn't impaired at the time of the crash. In the court filling, Joe Senser, the former Minnesota Viking and husband of Amy Senser, adamantly denies that she was impaired at the time of the accident.
Phanthavong was killed on Aug. 23, 2011 after being struck by a vehicle along the Riverside Avenue exit from westbound Interstate 94. Senser was charged with criminal vehicular homicide.
But Senser's lawyer said the only time she's had anything to do with the facility was two years ago, when she submitted a blood sample to test for toxins.
According to Friday's court filing, results of that test showed Senser was pre-menopausal. The medical director of the facility that did the tests wrote a letter on Senser's behalf saying she's never been treated there.
Senser's attorney also said there's evidence that Phanthavong was under the influence of a controlled substance at the time of the accident. He says Phanthavong had enough cocaine in his system "to be moving erratically or unpredictably."
