Evidence in Fatal Crash Is Rejected

Declaring that authorities violated restrictions on search warrants, a Santa Barbara County judge has thrown out evidence seized from several schools and the home of the parents of David Attias, a college student accused of running down and killing four people in February.

Superior Court Judge Thomas R. Adams said that he had granted warrants focusing on class schedules and correspondence between Attias and classmates, but that authorities also seized mental health records and searched the briefcases of his defense team.

“The briefcases included case strategy notes and witness lists,” Adams ruled last week. “The decision to go forward and review the contents without a judicial determination was not proper.”

However, Adams turned down defense requests to throw out the case against Attias, who was a UC Santa Barbara freshman at the time of incident. Adams said the improper conduct would not prejudice Attias’ ability to obtain a fair trial.

The defendant has been charged with 13 felony counts, including murder, manslaughter and driving under the influence of drugs. He is accused of driving his car into a crowd of Isla Vista revelers Feb. 23. He has pleaded not guilty by reason of insanity.

In the days after the tragedy, investigators obtained search warrants seeking information from the registrar’s office at UC Santa Barbara, Attias’ parents’ home in Santa Monica, a laptop computer in Attias’ dorm room and two high schools that Attias attended.

Besides finding fault with the overly broad nature of the warrants, the judge said many of the records seized from the schools were protected by the psychotherapist-patient privilege. One of those schools specializes in treating students with mental problems. Among the items found at that school was a mental health evaluation of Attias.

Santa Barbara County Assistant Dist. Atty. Pat McKinley said he doesn’t think the judge’s order will have any effect on the prosecution.

“The whole case is what happened that night,” he said. Many people witnessed the accident and its aftermath.

McKinley suggested that the records denied to the prosecution will be part of the case anyway as the defense pursues an insanity defense.

The court said Attias’ bizarre behavior that night included running from one victim to the other and shouting that he was the “angel of death.” He also shouted, “Ride or die!” according to Adams.

Officers at the scene said Attias showed symptoms of marijuana use and “ingestion of a central nervous system stimulant.”

Adams’ order also contains statements implying that Attias may have used cocaine. The court order reveals that Attias underwent hospital treatment after a prior traffic accident.