Attorney For Truck Driver Brewer Questions Whether DA's Office Deliberately Withheld Information

Monday, September 10, 2018

An attorney for truck driver Benjamin Brewer, who was sentenced to 55 years in prison for a wreck that killed six people, is questioning whether the District Attorney's Office deliberately withheld information prior to his trial.

Jay Underwood of the Public Defender's Office is asking that Judge Don Poole direct the DA's Office to provide communication the office had with the TBI Crime Lab regarding a blood test of Brewer after the wreck.

Attorney Underwood said the defense only found out in cross-examination that the TBI introduced a contaminant to the blood sample.

He said, "If the District Attorney's Office did know and intentionally withheld the information, the verdict should be set aside."

District Attorney Neal Pinkston said he would stand on a response in which he said the defense was not entitled to the communication. He said that is protected work product.

Judge Poole said he will rule later.

The 2015 crash happened at the Ooltewah exit of I-75 as traffic was stalled due to a construction project.

Brewer was not present for the hearing.

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