Wayne County District Attorney Michael Lehutsky issued a statement Friday about the inquiry into the fatal crash that claimed Diane M. Glynn, at 9 a.m., April 15, 2005.


Wayne County District Attorney Michael Lehutsky issued a statement Friday about the inquiry into the fatal crash that claimed Diane M. Glynn, at 9 a.m., April 15, 2005.
Glynn was killed in a two vehicle crash on Route 590 near Hamlin. According to an attorney for the victim’s family, Mark Tanner of Philadelphia, the driver of the box truck that struck Glynn’s car is the stepson of a state police corporal, Michael McTavish. Tanner alleges that the truck driver, Dean O’Halloran, who was 22, may have been given preferential treatment though Tanner claims O’Halloran was driving drunk. O’Halloran was never charged.
Lehutsky stated that the State Police investigating the accident did not notice any sign of intoxication about O’Halloran that would warrant “probable cause” to request that blood be drawn for a DUI analysis or to get a search warrant or subpoena to obtain O'Halloran's medical records.
A check with public Wayne County Coronor records indicates that Coronor Carol Leinert listed the cause of death as “multiple traumatic injuries” due to a two vehicle accident.
O’Halloran was involved in a hit and run crash in Lackawanna County less than three hours before he crashed into Glynn. State Police said he has sideswiped a van on I-81.
Tanner represented the Glynn family in a civil suit against O’Halloran and his employer, which concluded in early February.  The case was settled for $11 million.
During the deposition, the trooper who investigated the crash, Patrick Foy, said he believed O’Hallaron had fallen asleep at the wheel, but showed no evidence of intoxication.
Tanner sent a letter dated Feb. 21 to the Pa. Attorney General, Thomas Corbett, as well as District Attorney Lehutsky and State police Col. Jeffrey Miller, calling for criminal prosecution against O’Halloran and to investigate what he terms a failure of the State Police to start a reasonable probe.
The lawyer notes that hospital personnel requested blood alcohol testing, some two hours after the crash, whichTanner says showed a blood alcohol level of .149%.
‘As an attorney for the children of Ms. Glynn, we would simply ask that someone from law enforcement provide us with a detailed explanation as to why Mr. O’Halloran was never prosecuted in any way in connection with these events. As far a I can tell, he did not even receive a traffic ticket,” Tanner concludes in his letter.
Lehutsky remarked, “My heart goes out to the family and friends of Ms. Glynn for this terrible loss.” He goes on to explain that, “...there are situations that are tragic, but their tragic nature does not provide the police a license to ignore the laws they are sworn to enforce.   When the review and follow-up investigation into this matter are completed a further statement will be made.  I want to ensure the people of Wayne County that all steps will be taken to ensure that whatever can be done to ensure justice, is done.”
The D.A. cited case law to state that the blood alcohol reading, which came out in the civil case, was not known to his office or the investigators prior to this past week when Tanner provided him, the information. In addition, the investigating trooper, who retired some months after the crash, was not aware at the time of the hit and run incident in the neighboring county.
Regarding the fact that O’Halloran is related to a State trooper, Lehutsky said, “while Mr. Tanner builds an innuendo that something improper occurred as a result of the relationship, I have not seen any actual proof of that yet.  This includes "proof" within the materials Attorney Tanner sent me.  Nonetheless, the matter will be investigated further and if there was any improper influence it will be addressed appropriately.”
The D.A. also notes that the blood test at the hospital was based on blood serum, and not “whole” blood, required for DUI prosecution.
He also questions the late date of seeking a criminal probe, almost three years after the accident.  “Clearly, if a criminal case can properly be built and successfully prosecuted, I have every intent to ensure that justice is done, “ said Lehutsky.  “However, I have concerns regarding the delay that has occurred in getting the critical information related to Mr. O'Halloran's post-crash BAC.  This is an issue that will be examined to see what impact it has.”
Lehutsky assures that the State Police have reinvigorated their investigation based upon receiving Tanner’s information, including alleged improper influence. “Everyone involved in this matter has a sincere interest in seeing that justice is properly served in this case,” the D.A. states.
The entire text of Lehutsky’s statement, as well as Tanner’s February 21st letter, may be found on-line at www.wayneindependent.com.
Glynn, a 45 year old mother of three, was a teacher of English and formerly a reporter for The News Eagle.