OREGON – A judge will determine next week if a report from an expert defense witness will be allowed in the upcoming trial of an Oregon man accused of causing a fatal boat crash.
Judge John Redington said during a court hearing on Monday that the attorneys for Marc Mongan have until 9 a.m. on Thursday, Jan. 25 to have the any findings of a defense expert to be disclosed to the court.
Redington also set another court date of Tuesday, Jan. 30 at 1:30 p.m. to consider use of the expert’s testimony.
That could lead to pushing the start date of the trial, now set for Feb. 16, to a later date, said prosecutor Dave Neal after the hearing.
Mongan is charged with three counts of reckless homicide and reckless conduct along with a charge of aggravated DUI, all felony charges. He was involved in a boat crash on the Rock River in June 2016, which resulted in the death of 31-year-old Megan Wells of Rockford.
Mongan arrived just before the hearing dressed in a short and tie, and left immediately after the it ended.
Neal said if prosecutors receive information from an expert defense witness “at this late date,” and it is allowed by the judge at the Jan. 30 hearing, he could ask for a later trial date start for the prosecution to consider the information.
On Monday, the prosecution asked that findings on the toxicology report on Wells not be admissible in court, as they are “irrelevant,” according to attorney Brooke Shupe.
Mongan attorney Russ Crull disagreed that the results of the tests are irrelevant, and said he would have expert testimony on this that the jury in the coming trial should be able to consider. Redington reserved a ruling on that motion.
He did Redington grant a motion that would exclude information the prior conviction of a defense witness into the case. He also ruled to allow testimony that Mongan refused testing to determine his blood alcohol level after the accident.