Albany

Warren County sheriff's investigators drew blood from Alexander West one day before obtaining a warrant for it — a move that will keep potentially damning evidence out of the trial of the man charged with killing 8-year-old Charlotte McCue on Lake George last summer.

The Times Union reported Tuesday that District Attorney Kate Hogan's office will not present blood evidence at trial against West showing he had cocaine, ecstasy and marijuana in his system following the July 25 crash, near Cramer Point, about 9:22 p.m. The office said a chemical analysis warrant did not conform with technical requirements of criminal procedure law.

Court documents show investigators for Sheriff Bud York had West's blood tested at Glens Falls Hospital on July 26 at 11:20 a.m. But their warrant to obtain West's blood, which needed to be approved before the blood drawing, was signed by County Judge John Hall on July 27. As a result, police violated West's Fourth Amendment constitutional right against unreasonable search and seizure, according to attorney Kathryn Conklin, who works with West's primary attorney, Cheryl Coleman.

A copy of the warrant shows July 26 was crossed out and replaced with the July 27 date.

Coleman slammed police for presenting a warrant with the wrong date on it. She suggested they either made a mistake or did it on purpose. She said it did not matter — the evidence is out either way.

"Imagine trying to backdate your warrant and giving it to the judge?" Coleman asked. "Do you hope he's not going to notice?"

Asked to identify the biggest issue with the warrant, Coleman said: "Probably the biggest issue is there wasn't one until a day after they made (West) take the test. It's like the cops going in your house, searching, finding drugs and getting a warrant the next day for it."

Hogan can still present evidence of witnesses who allege they saw West snort cocaine and use "dabs" of hashish. The crash took place on the night of Log Bay Day, an annual gathering of young drinkers on the east side of the lake.

In the meantime, prosecutors now face a new potential issue. Coleman said she plans to show Robert A. Knarr, the grandfather of Charlotte McCue and the man piloting the 28-foot boat carrying the child, admitted he drank alcohol that day and refused to have his blood tested out of fear.

York's office, in turn, needed to obtain a warrant to test the man's blood, she said.

"Everybody was left with the impression that the driver of the other boat, who was (McCue's) grandfather, was clean, right? Not true," Coleman told the Times Union on Wednesday. "They asked him to take a test. What would you say if you weren't drinking? You'd say 'Oh my God, of course,' He said no. He refuses and he says, 'I'm afraid to' and admits that he's drinking."

Coleman said blood tests of Knarr could have been given several hours after the crash and not show evidence of his drinking.

McCue was on vacation with her family, including her mother, Courtney, who was seriously injured.

Knarr could not be immediately reached, nor could the sheriff. In a statement Tuesday, Hogan would only say, "The defense attorney can file a motion, and we will respond."

West, 24, of Queensbury, faces charges of manslaughter, assault, criminally negligent homicide and boating while impaired by drugs and alcohol.

Also charged are Matthew J. Marry, 28, of Kingsbury; Morland Keyes, 28, of Glens Falls; Cara Mia Canale, 27, of Albany; and Kristine C. Tiger, 27, of Kingsbury. They face allegations they hindered the investigation and gave false statements.

rgavin@timesunion.com • 518-434-2403 • @RobertGavinTU