August 10, 2017
By Ed Byrne
The Brillion News
GREEN BAY – A motions hearing in Brown County Circuit Court last week was about the case of Devon Robley, the young man from Wayside charged with two counts of homicide by operation of a motor vehicle while under the influence of a controlled substance.
But it is not just Robley, 18, on trial.
Defense attorney Dennis Melowski, from Sheboygan, is questioning the laboratory science findings that are the basis of the charges against Robley.
In a sense, forensic science is also on trial, and the stakes are big.
Melowski is asking the judge to rule that the law under which Robley is charged is unconstitutional.
As the officer who arrested Robley on the night of the crash testified, if the evidence of THC being present in Robley’s blood is removed, the crash goes from being a felony crime to being simply an accident where a boy driving a pickup truck ran a stop sign and hit another vehicle.
The heart of Attorney Melowski’s motion is that the state statutes that make operating a motor vehicle under the influence of the active ingredient in marijuana are unconstitutionally vague with respect to the definition of a “detectable amount of a restricted controlled substance” as that definition relates to THC.
Melowski also questioned whether the sheriff’s deputies at the scene of the fatal crash had probable cause to arrest Robley; questioned whether Robley’s consent to chemical testing was freely given or coerced; and questioned whether the sample of Robley’s blood was gained by an unconstitutional search.
Please see the complete story in the August 10, 2017 edition of The Brillion News. The photo accompanying this story is of Attorney Melowski.