Defense attorney Michael Bloom says the grand jurors who indicted Robert Gallivan for a fiery crash that killed a local woman were never told the cops on the scene thought he was going the speed limit.
The grand jurors were only told that an accident reconstructionist thought Gallivan was going 112 to 116 mph in a 65 mph zone, Bloom complains in a recently filed court document.
Arizona Department of Public Safety officers pulled Faith Mascolino, 45, over in the early hours of June 3, 2009, on Interstate 10 near West Orange Grove Road. After conducting a sobriety test, they arrested her on suspicion of driving under the influence and placed her in the back of one of the officers' cruisers.
One of the officers was on the phone with Mascolino's daughter when the officers spotted a Nissan Altima speeding toward them, according to DPS records.
The officers jumped over the guardrail and the Nissan crashed into the cruiser, which exploded and burned.
Mascolino died and Gallivan suffered a broken ankle and a ruptured bowel. At one point he was put into a drug-induced coma.
Tests indicated Gallivan was not under the influence of illicit drugs or alcohol, but he did have an antipsychotic medication in his system.
Gallivan was indicted on a manslaughter charge in January and Bloom is hoping Judge Richard Fields will force prosecutors to take the case back to another grand jury and tell them the DPS officers who jumped over the guard rail both think Gallivan was going between 60 and 70 mph.
The state has not yet responded to the motion.