Posted: Tue 5:15 PM, Apr 03, 2018  | 

Updated: Tue 7:17 PM, Apr 03, 2018

RICHMOND, Va. (WDBJ7) Attorneys for a Bedford County woman fabricated arguments in advanced of the Virginia Absolute Cloister Tuesday, in an advancing accomplishment to annul her assassination conviction.

A Bedford County board begin Emily Aponte accusable of automatic assassination in 2016, for a car blast abreast Montvale that led to the afterlife of her six-year-old son, Ethan.

During her balloon prosecutors argued Aponte was active bashed back the blast happened in April, 2014.

Aponte’s advocate is allurement the accompaniment absolute cloister to annul her conviction, because he says no one can prove she was bashed at the time of the crash.

In an account with a amusing casework investigator recorded anon afterwards the 2014 crash, Aponte accepted to bubbler heavily the night afore the incident.

“I’m not activity to lie,” Aponte said in the 2014 interview. “I did accept added than I should have, but I anticipation that, you know, I was blockage the night and I would be accept to drive the abutting morning.”

Aponte explained her burning of booze took abode added than 12 hours afore her blast and arguable that she drank annihilation in the hours anon above-mentioned to the baleful incident.

“I would never booze and drive with my son in the car and that’s what is accepting me, because it was abiding on from the night before,” Aponte said in the 2014 recording. “I had no clue.”

A claret sample taken at the hospital four hours afterwards the blast showed Aponte’s claret booze akin was .116., able-bodied aloft the acknowledged absolute to drive.

Aponte’s advocate says that sample was not an authentic absorption of her claret booze akin at the time of the crash, because she drank several beers on the way to see her son at the hospital as a way to calm down.

Aponte’s advocate claims the antecedent balloon cloister erred back it denied her motion to abolish a affidavit of assay absolute her claret analysis results, banned to acquiesce her to acquaint abstracts affirmation at trial, and denied her motion arduous that the Commonwealth bootless to prove she was bagged at the time of her accident.

Arguments were fabricated afore the Virginia Absolute Cloister in Richmond Tuesday, but there’s no chat on back the cloister ability affair an assessment on the case.

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