Geske mistrial denied

GREEN BAY - The second day of a deadly drunken driving case started with a request to end the trial, and ended late this afternoon with a ruling to keep the trial going.

Proseuctors argue Anrietta Geske was speeding on South Oneida Street in Ashwaubenon in June, when she crashed into another car.

The two people in that car: Ashley Britsch-Knetgzer and Tahlia Heroux died.

After Geske's attorney requested a mistrial this morning, testimony in the case continued...and the judge late this afternoon denied the mistrial motion.

"It wasn't our fault that the report wasn't there," said Jerry Buting, Geske's attorney, in court.

After the trial started earlier this week, Buting found out about an updated report from the state crime lab regarding drugs in Geske's system at the time of the crash. The updated report showed a lower amount of a prescription drug in Geske's system.

While considering the evidence, Brown County Judge Sue Bischel said, "I understand what's at stake."

Bischel ultimately denied the request for mistrial, but will allow the jury to know about some of the updated report. The jury will learn about the decreased amount of the drug in Geske's system.

During morning testimony, the jury learned more about the night of the crash.

Forensic pathologist Mark Witeck testified that both Ashley Britsch-Knetzger and Tahlia Heroux died because of the crash.

Witeck also found one of the victims, Tahlia Heroux, had THC, the active ingredient in marijuana, in her system that night.

Other witnesses included people who were at the Sardine Can the night of June 3rd. The Sardine Can is a Broadway Street bar in Green Bay where Geske was before the crash in Ashwaubenon. The jury saw surveillance tape showing Geske at the bar, and later dancing.

A bartender testified Geske did not appear intoxicated. Buting questioned bartender Kristine O'Connel: "She was sipping or nursing the jagermeister over a period of time?" O'Connell responded, "Over a period of time she drank it."

Surveillance video shows Geske was at the Sardine Can from 7 o'clock until just before 9 o'clock the night of June 3rd.

The crash happened about 9:25 p.m. Investigators painted a picture of that night for the jury.

Investigator Timothy David testified, "It's the first time in my experience as a police officer that I saw a car crumpled up like a piece of paper....front to back, side to side.

Testimony is scheduled to continue Thursday although Geske's attorney will be allowed some time tomorrow to develop a response to the new information from the state.

As far as the mistrial motion goes, again, it was denied, and if the defense attorney requests a mistrial again -- he would have to give a different reason for doing so.