Attorneys for an Ingleside woman charged with DUI and causing a head-on crash that killed another woman in Ringwood are seeking to have evidence barred at trial, arguing faulty lab results.
Alyssa M. Popp, 34, of Ingleside, was charged in November 2021 with aggravated driving under the influence of drugs causing death, a Class 2 felony, and two counts of reckless homicide, a Class 3 felony.
The charges stem from a fatal crash that the McHenry County Sheriff’s Office and McHenry Township Fire Protection District responded to around 10:24 a.m. on August 7, 2021, in the area of Greenway Storage and Rental, 4408 North Route 31 in Ringwood.
McHenry County Sheriff Sgt. Aimee Knop said at the time that two vehicles, a black 2021 GMC Acadia and a white 2015 Acura TLX, were involved in the collision.
An investigation showed the GMC, driven by Popp, was traveling northbound on Route 31.
The GMC crossed into the southbound lane of traffic and struck the Acura head-on as it was traveling southbound, Knop said.
Firefighters found the driver of the Acura, Christina Smith, 56, of Elmhurst, trapped inside the vehicle.
Paramedics pronounced Smith deceased at the scene, Knop said.
Popp was transported by ambulance to Northwestern Medicine Hospital in McHenry with serious injuries.
A Lifestar medical helicopter landed at the hospital and transferred Popp to Advocate Condell Medical Center in Libertyville for additional treatment.
Court documents allege that Popp woman had been driving while under the influence of cannabis and prescription drugs.
Popp was later released from the McHenry County Jail after posting 10% of a $150,000 bond.
Court records show Popp’s attorneys in November filed a motion to dismiss the indictment against Popp based upon the “presentation of deceptive and/or inaccurate evidence to the grand jury.”
The attorneys said that evidence presented to the grand jury by a sheriff’s deputy was “misleading and deceptive.”
The deputy told the jury that Popp was sending messages on her phone shortly before the crash and that she was under the influence of Delta 9-THC and prescription medications.
The attorneys questioned the use of the word “shortly” and also said there was no other evidence of Popp being under the influence of drugs besides for a crime lab report.
McHenry County Judge Tiffany Denis denied the motion on February 4.
Court records show Popp’s attorneys also filed another motion in December to bar from admission into evidence certain toxicology evidence and expert opinion evidence.
Blood and urine samples from Popp were analyzed by the Illinois State Police at its Chicago toxicology laboratory and indicated the quantitated presence of Delta 9-THC in her blood and the presence of cannabinoid metabolites in her urine.
The same results were confirmed by the University of Illinois – Chicago Analytical Forensic Testing Laboratory.
The attorneys said the UIC lab conceded that its analytical methods used in the case failed method validation interference studies on March 25, 2024, and the lab effectively confessed all prior of their lab reports identifying Delta 9-THC in forensic samples have been “resultingly inaccurate.”
In December, ABC7 Chicago reported that the UIC lab was accused of providing flawed test results in DUI cases involving cannabis and that the lab allegedly covered up the flaws since 2021, which put 1,600 cannabis DUI cases they tested in jeopardy.
Popp’s attorneys say the McHenry County State’s Attorney’s Office was informed of the report in May but did not disclose it to them until October after the defense informed prosecutors they were aware of the situation.
A status of trial hearing is scheduled next for March 7.