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Weisenberg tested positive for meth, toxicologist says

The Paso Robles woman accused of second-degree murder in the vehicle crash that killed a CHP officer last year had a toxic level of methamphetamine in her system that wasn’t consistent with standard medical use of the drug, a toxicologist testified Wednesday.

Bill Posey, a forensic toxicologist with Central Valley Toxicology in the Fresno area, said in the San Luis Obispo Superior Court trial that he conducted tests from samples that included Kaylee Ann Weisenberg’s blood and urine.

Weisenberg, 23, has pleaded not guilty to four charges including second-degree murder in the crash that killed Brett Oswald on June 27, 2010, south of Paso Robles.

The trial resumes today before Judge John Trice at 9:30 a.m.Posey testified that he conducted several different kinds of tests, concluding from the most reliable, a forensic blood test, that Weisenberg had a level of meth about twice the amount generally used to show a person is under the influence.

“It was in the toxic range,” Posey said. The toxicologist — testifying for the prosecution — said that the term “toxic range” applies to the level higher than what might be found in someone’s system from standard medicinal use.

A time-released medicinal capsule would result in small amounts of methamphetamine in someone’s system, Posey said.

In order to prove second-degree murder, the prosecution will have to show that Weisenberg’s conduct showed an obvious lack of concern for human life.

Posey’s testimony has been countered by CHP Officer David Reed’s prior testimony that Weisenberg didn’t appear to be under the influence after a field sobriety test, which included tests of her balance, dexterity and pupil dilation.

Defense attorney Thomas McCormick, during cross-examination, asked Posey if he was aware that airplane pilots, decades ago, would ingest methamphetamine to increase their awareness.“Yes, they did in very small doses,” Posey answered.

After Posey’s testimony Wednesday, Kenneth Brown, a chaplain at Twin Cities Community Hospital in Templeton, testified that Weisenberg had a “blank stare” when he saw her after the crash as she lay on a hospital bed.

Brown testified that Weisenberg asked, “Did he die?” in reference to the officer. The chaplain didn’t know and wasn’t allowed to say regardless. She also asked, “Am I in trouble?”

The chaplain testified that she didn’t indicate any ill will toward the officer. He told her he was just there to comfort her, and they prayed for the officer and his family. They spent about three minutes together.Weisenberg had tears rolling down her face as Brown testified.

The defense is expected to finish with its evidence today. On Monday, the jury will be taken to view the scene at South River Road where the crash occurred. That event is closed to the public.

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