Attorneys want new trial for truck driver convicted in deadly crash

CHATTANOOGA, Tenn. (WDEF) — A former truck driver, who was found guilty of causing a crash on I-75 that killed six people, wants a new trial.

Benjamin Brewer’s lawyers were in court Monday morning requesting information that they say will help their argument.

In January, Benjamin Brewer was convicted on six counts of vehicular homicide by intoxication.

A jury found that he was on meth in June of 2015 when he crashed his semi into slowed traffic on I-75.

Six people were killed in the crash.

On Monday, Brewer’s lawyers were in court filing a motion for information to help prepare them when they ask for a new trial.

His lawyers say the TBI contaminated Brewer’s blood sample and they didn’t find out out about it until the middle of the trial.

They want communication from the TBI and the DA’s office concerning the blood sample and facts about the contamination itself.

“I am trying to determine if the District Attorney’s Office knew that the test was contaminated and made a decision not to tell us about it,” said Jay Underwood, Brewer’s attorney.

Brewer’s lawyers said if they knew about this sooner, they could have been better prepared.

“we should have not found that out on cross and we should have had an opportunity before trial to be notified of it and to investigate, well when did it happen? Did it happen to other cases? What was done about it?” Underwood said.

“I would just also note that if memory serves correctly, Dr. Belloto mentioned on direct examination that he had brought this discrepancy to Mr. Little’s attention and obviously that didn’t occur while he was on the witness stand, it occurred sometime prior to the trial,” said Neal Pinkston, the Hamilton County District Attorney.

Brewer’s lawyers say they knew his blood sample had a chemical in it, but they didn’t know where it came from.

“It is naphthalene in the blood sample. Naphthalene is a component of diesel fuel. We are representing an over the road truck driver that has been sleeping in his cab for three days,” Underwood said.

Judge Don Poole said he will make a decision about the information request within the next couple weeks. They are scheduled to be back in court by October 1.