Vigorous defense planned in deadly crash

SANDPOINT - A robust defense is taking shape in the case of a Clark Fork man accused of accidentally killing his friend in an alcohol-related rollover crash.

Defense counsel for Zachary Bradshaw Palmer is moving to suppress statements he made to authorities following the Oct. 8 crash southeast of Clark Fork. Attorney Michael Waldrup is also seeking public funds to pay witness fees for a toxicology expert and a crash reconstructionist, according to court documents.

Hearings on the motions are pending in 1st District Court.

Palmer, 20, is charged with vehicular manslaughter at the felony level. He is pleading not guilty to the charge, which could result in a 15-year prison sentence and $15,000 in fines.

Idaho State Police said Palmer swerved into both ditches along River Road before overturning the Chevrolet Corvette he was driving. Palmer was thrown from the sports car and passenger Tyler James Pesce, an 18-year-old from Hope, was pinned in the vehicle and died at the scene, according to state police.

Court documents place Palmer's blood alcohol content at 0.13, which is almost twice the legal limit to drive for an adult old enough to consume alcohol, court documents said. No alcohol was found in Pesce's bloodstream, court records indicate.

Waldrup argues evidence from the crash was obtained contrary to Palmer's constitutional protection against unlawful searches and seizures and right to due process, the suppression motion states.

Waldrup further seeks to suppress statements Palmer allegedly made to state Trooper Terry Ford following the crash.

Palmer allegedly admitted to consuming vodka prior to the deadly crash, Ford's report said. Palmer was also quoted in the report as saying, "I killed my friend."

Waldrup contends in his motion that Palmer was incapable of giving informed consent when he waived his right to remain silent because he was intoxicated, was suffering from a concussion and in a state of post-collision shock.