DA won?t say if Cooper was drunk – Prosecutor does not release senator?s blood-alcohol level

It has been a week of hurry up and wait as a rush placed on the analysis of state Sen. Jerry Cooper?s blood work following his interstate wreck Wednesday night is in the hands of the Rutherford County district attorney, who is refusing to comment.

?Ethics prevent me from discussing evidence in a potential criminal case,? said District Attorney Bill Whitesell when asked for comment Friday afternoon on blood-alcohol and toxicology reports which were handed over to his office by the Tennessee Bureau of Investigation crime lab.

Questions of drinking and driving continue to circulate following the 58-year-old state senator?s crash on Interstate 24. At least one eyewitness has gone on record as saying he saw a bottle of liquor in the wreckage ? a bottle the man said was removed from the scene by the highway patrol for what he believes is evidence. This came after Department of Safety spokesman Mike Browning claimed there were no signs of alcohol found at the scene.

Cooper continues to recover at Vanderbilt University Medical Center after he lost control of his 2002 Chevy Trailblazer and crossed the center median on I-24.

The vehicle flipped four or five times before coming to rest in the oncoming lanes. Investigators say the fact he was wearing a seatbelt probably saved his life. He suffered broken ribs, cuts and bruises.

Given the rumors which began to swirl concerning possible drinking on Cooper?s part, the TBI placed a rush on his blood work Friday. This move came amid cries of foul play by Cooper?s attorney, Jerry Summers, who maintains the rush job treats his client differently than the average person.

Such tests were supposed to take four to six weeks given the backlog of samples being analyzed by the TBI. However, TBI spokesperson Jennifer Johnson said the rush was placed due to numerous inquiries.

?We thought it was most prudent to go ahead and get it done now,? Johnson said Friday afternoon. ?We have been bombarded with phone calls asking for information on this case.?

While completing the analysis and returning the results to Whitesell and the Department of Safety, Johnson said the TBI would not be allowed to comment on the results.

?This isn?t our case. We?re just doing the analysis,? said Johnson, noting the TBI is not allowed to give out such information when it does not pertain to a case the agency is working. ?We have no dog in this fight.?

The delay is frustrating to the many Tennessee residents, who want to know if the senator was in fact driving drunk after being part of the General Assembly which passed one of the toughest drunk driving laws in the country.

However, Whitesell?s reluctance to comment on specific evidence on a pending case is generally recognized as the correct code of conduct for licensed attorneys who must operate under the supervision of the state?s Board of Professional Responsibility, which limits what they can say.

With the continued secrecy, Whitesell can exercise a couple options.

First, if Cooper was above the .08 limit for intoxication, he could be taken into custody as soon as he is released from the hospital on a state warrant charging DUI.

Second, if he is above the legal limit, prosecutors could choose to wait until the next regular session of the Rutherford County grand jury during the first week of March and attempt to indict him then. That week is presently earmarked for the beginning of Cooper?s federal trial in Chattanooga on charges of bank and mail fraud for a land deal gone bad involving his Smartt Station property.

Along with the potential options for charges, Cooper also has options when it comes to his blood alcohol test. Since he was not able to consent or decline a blood test due to his condition immediately after the wreck, he could still decline permission for prosecutors to use the blood results since it was drawn without his direct permission.

However, in doing so, law enforcement sources say he would become guilty of violating the implied consent law which would result in an automatic six-month forfeiture of his driving privilages, just as if he had refused a breath, blood or field sobriety test after being stopped by an officer.

Even if Cooper were to refuse his consent, the fact the blood test does exist means prosecutors could obtain a subpoena of the results for use as proof against him in any criminal prosecution.

There has been no announcement if Cooper?s medical condition will bring a continuance in his federal trial scheduled to start March 5.

A conviction for first offense DUI generally brings 48 hours in jail, a $350 fine plus court costs, and a one-year forfeiture of driver?s license. Conviction on the federal charges, prosecutors say, could cost Cooper around two years in federal prison.