7°c Partly cloudy
19°c Variable cloudiness
Winnipeg Free Press - PRINT EDITION
Drugs, celebrity issues in trial
Experts say it's rare for impaired boating charge to go before jury
Jet Dustin Byfuglien is headed to court July 23 in Minneapolis. (CP)
Related Items
Dustin Byfuglien's upcoming jury trial is complete with allegations of drug use, celebrity bias and racial profiling.
The case is slated to play out in a Minneapolis courtroom, beginning July 23 barring a last-minute resolution of the four criminal charges.
Several justice experts told the Free Press it's unusual for a case involving impaired boating to ever get to a jury, let alone be scheduled for a week.
Mitchell Robinson, the Minnesota-based lawyer for Byfuglien, said he wants 12 regular citizens to decide the fate of the popular Winnipeg Jets defenceman.
He questioned whether Byfuglien would even be on trial if he wasn't a public figure.
He said Byfuglien may have been targeted and prosecuted because of his celebrity status or the colour of his skin.
"These are very unusual facts. We can all draw our own conclusions about that. The jury may draw a different conclusion," he said.
The prosecution is expected to spend a full day trying to prove Byfuglien was high on drugs when he was arrested last August on Lake Minnetonka and charged with four offences.
The evidence is expected to include testimony from the two arresting officers and a drug expert who will testify about Byfuglien's behaviour and appearance, including a brownish stain on his tongue.
"They say he was under the influence of a central nervous system stimulant and a central nervous system depressant," Robinson said.
He said prosecutors haven't specifically told him what drug, or drugs, they think Byfuglien ingested.
"They say it was something that wouldn't have been detected by a simple breath test," he said.
Byfuglien was spot-checked while boating because he didn't have proper lights on the craft.
Two sheriff's deputies say Byfuglien showed signs of impairment. Sources told the Free Press Byfuglien had just finished eating dinner at a dockside restaurant with his girlfriend, a business associate and another woman, where he is said to have had two or three glasses of wine.
Police were puzzled when Byfuglien passed a breathalyzer test, registering 0.03, below Minnesota's legal limit of 0.08.
Byfuglien was taken to the police detachment where a drug expert analyzed him and demanded a blood or urine test. Byfuglien initially refused but then changed his mind and consented to the test after consulting with Robinson.
Police told him it was too late and proceeded with the charges.
"This wasn't a case of him not taking the test because he was afraid of what would be found. He just wanted to speak to counsel first," Robinson said.
Byfuglien admitted he had taken a muscle relaxant that day but couldn't remember the name of it.
He said he also took a "handful" of supplements from 16 or 17 different bottles but didn't know those names either.
A drug-recognition expert noted Byfuglien's pulse rate, blood pressure and temperature were above normal.
Robinson said he may spend as much as three days calling evidence -- which will likely include testimony from Byfuglien. Byfuglien's girlfriend and the other two friends on the boat will testify, along with a defence drug expert.
"They were with him all day, and will talk about what they did, how he acted," Robinson said.
The charge of refusing a blood or urine test carries a maximum one-year jail sentence, while the other charges carry a maximum of 90 days behind bars.
www.mikeoncrime.com
Republished from the Winnipeg Free Press print edition April 20, 2012 A6
More Local
- Back to Top
- Return to Local
More Local
(1 of 50 articles for this week)
Decades-old smoke bomb found behind Crescentwood home
05/23/2013 7:17 PM 0
Poll
Most Popular Local
- Flood money paid for CEO's romantic trip
- Crash claims two young women, RCMP say
- First Nation celebrates groundbreaking on city's first urban reserve
- Housing a little more expensive in Manitoba: RBC
- Lake St. Martin reserve close to getting new home
- Some good news, some bad news from weatherman
- Manitoba senators weigh in on scandal
- 'I told them, "I think that guy downstairs is dead"': teen witness at murder trial
- Drug dealer sentenced to 3½ years in prison
- Jockey club launches $350-M civil suit against province
- Charleswood deaths being investigated as domestic incident
- Man charged, victims identified in double homicide
- Man dies after being pulled from vehicle submerged in Winnipeg retention pond
- Flood money paid for CEO's romantic trip
- Crash claims two young women, RCMP say
- Developers to unveil plans for bold downtown tower
- Police identify slaying victims
- Apple trick on Ellen falls short for city woman
- Aboriginal leader Elijah Harper dies
- 'Responsible Winnipeg' ads appear on sign run by mayor-owned Goldeyes' baseball park
- Hundreds pitch in to dig out houses damaged, destroyed by Ochre Beach ice floe
- A child-custody catastrophe
- Charleswood deaths being investigated as domestic incident
- Man charged, victims identified in double homicide
- Co-worker 'sick' today? Maybe it's the $17M flu
- Man dies after being pulled from vehicle submerged in Winnipeg retention pond
- '2 minutes after I read the winning numbers, I retired': Winnipeg lotto winner
- Parents, community relieved and elated as missing boy found safe
- No threat from bag found at Winnipeg Square
- Man missing since 2009 found safe
- Baby steps toward empathy
- Flood money paid for CEO's romantic trip
- U of M president targets low tuition
- City chiropractor guilty of beating, sexually assaulting ex-girlfriend
- Drug dealer sentenced to 3½ years in prison
- New units to help keep invasive aquatic species out of province
- Housing a little more expensive in Manitoba: RBC
- Jockey club launches $350-M civil suit against province
- New provincial restrictions on buying cigarettes
- Bethania board puts CEO on leave amid probe
- Developers to unveil plans for bold downtown tower
- Crushing blow for amateur sport
- Aboriginal leader Elijah Harper dies
- Fishing for fashion
- Famous city grocer loved job, customers
- Core grocer a challenge: expert
- Grocer Joe Cantor dies at 88
- Newly minted MD a beacon for kids in youth program
- North End proud
- Power restored to Linden Woods after goose collides with lines
- Hundreds pitch in to dig out houses damaged, destroyed by Ochre Beach ice floe
- Mental-health patients get own ER
- A child-custody catastrophe
- An uncommon phenomenon
- Steen invests $1M in family entertainment centre
- Earls on Main going, but new one coming
- Province introduces changes to rules governing landlords, renters
- Developers to unveil plans for bold downtown tower
- Crushing blow for amateur sport
- Boost same-sex curricula: union
Ads by Google
You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is register and/or login and you can join the conversation and give your feedback.
Have Your Say
New to commenting? Check out our Frequently Asked Questions.
The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010.