Search Warrant Unsealed In Foley Shooting Case
POSTED: 6:07 pm PDT October 2, 2006
UPDATED: 6:22 pm PDT October 2, 2006
SAN DIEGO -- A judge Monday ordered attorneys and members of law enforcement to refrain from talking about possible steroid use, polygraphs and witness credibility in the case involving Chargers linebacker Steve Foley.San Diego Superior Court Judge Jeffrey Fraser modified a sweeping gag order he issued Sept. 22, in which he instructed both the prosecution and the defense in the Lisa Maree Gaut case not to talk to reporters and to refrain from leaking private material to the media.Gaut was Foley's passenger when he was shot three times by an off-duty Coronado police officer about 3:30 a.m. on Sept. 3.Fraser first issued the more extensive protective order to ensure a fair trial and stop the case from becoming what he called "a media circus."Officer Aaron Mansker has said he followed Foley's car on the freeway to Poway because he suspected Foley was driving drunk.Gaut is charged with drunk driving and assault with a deadly weapon for allegedly trying to run down Mansker in a Poway cul-de-sac once Foley exited his car.Although the San Diego County Sheriff's Department has recommended misdemeanor drunken driving charges be filed against Foley, he has not been charged in the case.Also Monday, Fraser unsealed a third search warrant in the case, stemming from a search of Foley's 1971 Oldsmobile Cutlass, which had Arkansas license plates.A cell phone, parking receipt, vest, a box containing Remy Martin cognac and expended projectile and expended projectile fragments were found during a search of the car, according to an inventory attached to the warrant.During the course of the investigation, it was learned that Foley thought he was either being followed by a fan or being carjacked by the person following him, sheriff's homicide Detective Thomas Ness wrote in the affidavit for the search warrant.Mansker, driving an unmarked car, had followed Foley to the football player's home in Poway after allegedly seeing his car swerving across freeway lanes and traveling at speeds up to 90 mph.Foley eventually stopped and got out of the car to confront Mansker. When he allegedly refused to halt and appeared to reach into his pants, the officer fired a round into a bush as a warning and then shot the football player.The officer also opened fire on Gaut when she allegedly accelerated the Oldsmobile toward him, but she was uninjured.According to an earlier search warrant affidavit, a district attorney's investigator said Foley's blood-alcohol level was .23, nearly three times the legal limit. Requests were also made to test his blood for drugs, such as steroids.According to the search warrant affidavit released Monday, the sample of blood revealing the .23 blood-alcohol level was taken at 4:29 a.m. on Sept. 3.On Sept. 13, Ness said he learned from the Sheriff's Crime Lab that Foley's blood-alcohol level measured .16 and Gaut's blood-alcohol level measured .15.The sample of blood revealing that result was taken from Foley at 6:45 a.m. on Sept. 3, according to the affidavit released Monday.Ness said it was explained to him that hospital blood-alcohol test results consistently measure higher than a criminalist's results due to the hospital's testing methods, according to the affidavit released Monday.Foley has been put on the Chargers' "reserve non-football injury" list, a move that has sidelined him for the season, costing him his $1.65 million salary.Mansker, 23, will remain on administrative leave pending resolution of investigations into the shooting, according to the Coronado Police Department.
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