The Iowa Court of Appeals has affirmed the vehicular homicide conviction of a Des Moines man.
Loren Bishop was under the influence of prescription medication when his vehicle slammed into a Des Moines home and killed 73-year-old Mary Miller on January 22, 2011.
Toxicology tests showed Bishop had five different prescription drugs in his system at the time of the crash. He was convicted in 2012, despite using a prescription drug affirmative defense.
Prosecutors were able to counter the defense by proving Bishop had not been taking the drugs as prescribed by his doctors.
Bishop appealed the conviction claiming the district court erred in allowing pharmacy records about his refill history into the trial. The records show he refilled prescriptions, “on a schedule consistent with a pattern of abuse.”
The appeals court disagreed with Bishop’s claim, saying the records showed an ongoing pattern of abuse and not bring past “bad acts” into the trial.
Bishop is serving a 25 year prison sentence in the case.