Boston, MA - Lawyers for David Njuguna, a man accused accused of killing Massachusetts State Trooper Clardy, have requested that the judge reconsider her decision to uphold blood test evidence after questions of alleged mishandling of the blood samples arose.
On March 16, 2019, Njuguna crossed three lanes of traffic on the Massachusetts Turnpike going approximately 81 mph in his Nissan. According to reports, Njuguna had hit State Trooper Thomas L. Clardy’s cruiser from behind in Charlton, Massachusetts. The cruiser had been pulled over to the side of the highway at the time of the accident. According to court documents, Njuguna was allegedly in possession of marijuana. The documents also stated that Njuguna may or may not have had marijuana in his system at the time, to which urine and blood tests were conducted. Njuguna claimed he had bought marijuana earlier in the day in Brookline.
The State Trooper, Clardy, died at the scene of the accident and Njuguna was airlifted to the local hospital. Immediately after, medical personnel obtained blood and urine specimens to be examined. According to Njuguna’s lawyer, Peter L. Ettenberg, the blood samples were not stored properly by the police, therefore making them inadequate samples of evidence. According to officials, the blood and urine samples went to Quest Diagnostics in a nearby town to be tested. The results revealed that lidocaine and oxycodone had been present in his urine. In addition, the blood testing results revealed marijuana had been in his system at the time of the crash.
When Ettenberg came forward to ask the court to exclude the results of the blood test, the judge handling the case, Judge Janet Kenton-Walker, denied the motion. Kenton-Walker wrote up a 12-page ruling to deny the motion.
As of now, a trial date has not been set for Njuguna. The 44-year-old state trooper’s family is devastated and no family members or friends have publicly come forward to speak on behalf of Njuguna; if they have, public records have not released such information yet.
All urine and blood sample evidence will be used in the case going forward. The jury will decide what they will with the evidence and testimonies provided.