MINNEAPOLIS (WCCO) – The criminal defense attorney for Amy Senser, who is charged with criminal vehicular homicide in a hit-and-run death last year, intends to file a motion to dismiss the criminal case.
Attorney Eric Nelson will file the motion in Hennepin County Court Friday afternoon.
In the motion, Nelson will claim that there is not enough probable cause to continue criminal proceedings.
Senser is charged in the death of Anousone Phanthavong, who was struck and killed the evening of Aug. 23, 2011 along the Riverside Avenue exit from westbound Interstate 94.
Charges recently amended claim that Senser should’ve had at least four seconds to notice Phanthavong on the side of the road.
The charges also included a statement from a witness who claimed to have seen Senser’s vehicle driving erratically, dipping between lanes and moving at inconsistent speeds.
After the amended charges were release, Nelson stated he did not think the complaint proved she knew she hit a person. He said the evidence against Senser is purely circumstantial.
Also on Friday, attorneys for both sides in a civil lawsuit against Senser met at a discovery conference, where the family of Phanthavong, and their attorneys, received limited access to evidence previously not disclosed to them.
Senser is the wife of former Minnesota Vikings player Joe Senser.
