BUFFALO, NY ( WKBW ) Attorney Joel Daniels is defending prominent Buffalo doctor James Corasanti. Charges were filed against him following a July 8, 2011 incident alleging Corasanti, while driving in an intoxicated condition, caused the death of 18 year old Alexandria Rice of Williamsville by striking her with his vehicle while she was skateboarding on the shoulder of Heim Road in the Town of Amherst.
On Wednesday February 22, 2012 Corasanti's lawyers have filed motions for dismissal on many, if not all the counts on the indictment.
Those primarily include the charges of Manslaughter, leaving the scene of an accident, vehicular manslaughter, and tampering with evidence.
Attorney Joel Daniels says he plans to challenge the statute of leaving the scene of an accident, and is questioning under the law how much time a defendant has to report a crime, while siting other cases.
Daniels also says the Vehicular Manslaughter statute improperly burdens the proof of guilt onto the defendant. For the Reckless Manslaughter charge, Daniels claims the evidence is insufficient against his client.
In regards to tampering with evidence, Daniels says Dr. Corasanti didn't conceal anything, and let police search his garage and recover his BMW.
The defense is seeking the mental health records of the victim and claim the victim had marijuana in her system before the crash and wrote on social media sites about depression/suicide. When someone allegedly asked her how she wanted to die she allegedly wrote: "the desire to die fast and dangerous doing something exciting."
Prosecutors however say Corasanti was drunk, speeding and texting before he struck the victim. They also say 5 hours after the accident Dr. Corasanti's BAC ( blood alcohol ) was .10. It is alleged that he also texted after the crash, and then deleted some of them. They also claim he had no contact with Police for hours, sent his wife to the crash scene and called an attorney before someone else contacted police.
Prosecutors also say the recovered a bloody rag near the garage of Corasanti's home, his prints were near the impact section of his car, and there were wipe marks on the front of the car.
The judge said she will reserve the right to rule motions and set a March 2nd date to discuss further.
Eyewitness News will continue to follow this story.