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New questions in deadly accident

September 29, 2009 8:30:34 PM PDT
Officer Andrew Kelly's blood alcohol level, sources told Eyewitness News, was zero-point-zero. A blood test, officials reveal, that was not administered for hours after he allegedly struck and killed 33-year old Vionique Valnord early Sunday morning.

"This is disturbing because this young woman lost her life. As I said, a terrible tragedy," police commissioner Ray Kelly said.

Officer Kelly is charged with vehicular manslaughter and DWI, but he refused, prosecutors say, a breathalyzer test at the scene of the accident.

By the time police were able to get a warrant and have a blood test, seven hours had elapsed.

"Over seven hours you can metabolize an awful lot of alcohol," attorney Henry Martuscello said.

Martuscello handles many DWI cases, but is not involved in this case. He sees the length of time it took to administer the test to the officer's advantage.

But police commissioner Kelly believes the delay in the test is not significant.

"There is normally a delay and there is a formula that is used to determine the state of the intoxication at the time of the event," he said.

Police investigators at the scene, according to statements by prosecutors, smelled and found alcohol in the car and found Kelly with bloodshot eyes.

While the NYPD and the Brooklyn District Attorney's office are not commenting on the test results, other published reports say the district attorney claims to have enough circumstantial and direct evidence to get a conviction in this case.

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