York Daily Record
YORK, Pa. — Matthew Diehl’s attorneys argued against the admissibility of his two prior DUI convictions at his November trial for the DUI-related death of Loganville Fire Chief Rodney Miller, but at a hearing Monday, York County Judge Richard K. Renn barred only one conviction from trial.
Diehl, 33, of Shrewsbury, is to go to trial on Nov. 17 for third-degree murder, homicide by vehicle while DUI , hit and run and underlying offenses.
He is accused of driving into and killing Miller, 45, on April 27, 2013, as the volunteer firefighter was setting up to divert traffic off southbound Interstate 83 near Exit 8.
Police said Diehl’s blood alcohol level after the fatal crash was 0.118 percent, over the legal limit of 0.08 percent in Pennsylvania.
Monday, Renn ruled that Diehl’s 2005 DUI conviction can be used against him at trial. Renn held that prosecutors can bring up the fact that Diehl attended an alcohol awareness program following that conviction and was educated as to the dangers of drunken driving.
Renn said Diehl’s 2007 DUI conviction in Maryland is inadmissible because Diehl received no treatment in that case.
Renn also ordered that a report by a prosecution expert be edited before it can be presented to the jury.
James Sobek, an engineer and accident reconstructionist, wrote in his first report that, “Mr. Diehl must have known he struck a person, not a deer.” Diehl allegedly told the first police officer he encountered after the crash that he thought had hit a deer.
Sobek also opined that there is “no basis for Mr. Diehl’s failure to slow and stop.”
Defense attorneys Suzanne Smith and Dawn Cutaia argued that Sobek’s statements were his personal opinion and not an expert finding.
Chief Deputy Prosecutor Tim Barker said he could have an amended report from Sobek before trial.
The judge ruled that text messages in the possession of the prosecution in which Diehl and a woman discuss the dangers of drinking and driving are admissible if they can be authenticated.
Renn also rather brusquely informed the attorneys that the trial, including jury selection, will be completed in one business week.
Barker had opened that discussion by informing Renn that jurors will have to be asked if they knew the popular fire chief or had seen any media coverage of his death. He said that could cause the trial to “slide” into the next week.
The commonwealth has 23 potential witnesses, Barker said. Smith said the defense has at least three expert witness on tap.
“Get your case done in a week,” Renn said. “That’s more than enough time.”
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