Blood draw evidence focus of testimony in accused drunken driver's trial

Defense challenges evidence admissibility

SAN ANTONIO – Attorneys for Nydia Pena, 29, questioned the admissibility of blood draw evidence as the woman’s trial of intoxication manslaughter charges moved into the second week of testimony Monday.

Pena is accused of running a stop sign and crashing into a car driven by Javier Maya, 23, on May 30, 2016.

Maya was killed instantly.

Pena was arrested and charged with intoxication manslaughter.

After Pena’s lawyer challenged the admissibility of the blood draw taken on the morning of the crash, prosecutors called hospital personnel to explain the blood draw procedures at University Hospital.

“They have personnel that are trained down there to collect blood testing and they bring it over to our staff laboratory and they use a transport mechanism, which is a pneumatic tube,” said Linda Canada, laboratory supervisor at University Hospital Laboratory, in court.

Judge Lorina Rummel ruled that the evidence was admissible.

Testimony is expected to continue Tuesday. If she is convicted, Pena faces a maximum sentence of 20 years in prison.

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