Blood test upheld for driver who killed Mount Arlington officer

   MORRISTOWN - A Superior Court judge has upheld as admissible the blood draw that showed a motorist was impaired by drugs in 2011 when he struck and killed on-duty Mount Arlington Police Officer Joseph Wargo on Route 80 in Roxbury.

Superior Court Judge Stephen Taylor, sitting in Morristown, has issued a 20-page ruling that concluded "exigent circumstances" were present to justify State Police on Oct. 16, 2011 arranging to have blood drawn from Howell resident Michael Cassella at Morristown Medical Center without first obtaining a warrant from a judge.

A judge in Morris County previously had ruled that "exigent circumstances" existed for the warrantless blood draw from Cassella.  Cassella then pleaded guilty to aggravated manslaughter and was sentenced in March 2013 to 20 years in state prison, with 85 percent of the term to be served before parole consideration. After Cassella's sentencing, and based upon a U.S. Supreme Court case and a state Supreme Court case, the state Supreme Court ordered Taylor to conduct a fresh hearing at which exigency would again be assessed.

Taylor conducted a new hearing in January, where he heard testimony from troopers who responded to the Oct. 16, 2011 crash that was reported at 12:12 a.m. The judge also reviewed testimony taken during the first hearing in 2012 on Cassella's motion to suppress the blood test that showed he had Xanax, morphine, methadone and codeine in his bloodstream.

The state and federal Constitutions protect against unreasonable searches and seizures and a blood draw is considered a search. For his review, Taylor had to assess "exigency" or whether an emergency existed for blood to be drawn without a warrant and he had to consider "the totality of the circumstances" in the case.

Agreeing with Morris County Assistant Prosecutor Matthew Troiano, the judge concluded that the nature of the crash, the emergency efforts to remove the dying Wargo from his patrol car and transport him via helicopter to a hospital, the need to secure and investigate the crime scene and detour traffic all amounted to exigent circumstances. Taylor found that the troopers, also, were credible in suspecting that Cassella was under the influence of drugs and worried that the narcotics would dissipate if there were a time delay in having his blood drawn.

"In this court's view, it was reasonable for the troopers to believe that the presence of drugs in defendant's system would diminish over time unless prompt investigative action was taken," the judge wrote.

"In viewing the totality of the circumstances, the warrantless blood draw was justified, giving substantial weight to the credible belief of the troopers that the drug evidence would dissipate, and considering as well the troopers' reasonable response to the events surrounding the accident and arrest of the defendant," Taylor wrote.

The judge wrote: "Based on the facts presented in both suppression hearings, this court is satisfied that an objective exigency existed justifying the warrantless blood draw.  Any further delaying in obtaining a warrant could have further threatened the destruction of the blood evidence. Accordingly, the defendant's motion to suppress the blood draw evidence is denied."

At the hearing in January, defense lawyer Donald Lomurro had argued, in part, that warrants can easily be obtained by police in today's digital era where cell phones and email use are routine.

The crash that killed Wargo occurred when Cassella, now 33, lost control of the Mitsubishi Lancer he was driving, crossed the highway and struck Wargo's patrol car.  The collision forced Wargo's car into woods off the side of the interstate.

As part of the hearing, the judge had watched segments of troopers' interactions with Cassella at the scene that were captured on mobile in-vehicle video recording systems. Cassella is heard telling a trooper that he was trying to get home to Howell. He said he was trying to get onto Route 9 and didn't realize he was on Route 80 in Morris County.

   Staff Writer Peggy Wright: 973-267-1142; pwright@gannettnj.com