Toxicologist testifies on blood alcohol level

CEDAR RAPIDS - A forensic toxicologist testified Wednesday that Keith Elson Jr.'s blood alcohol content would have been between 0.31 percent and 0.39 percent when he kidnapped a Kwik Shop clerk last year.

Michael Rehberg, a consultant from West Des Moines, testified for the defense during the third day of Elson's bench trial in Linn County District Court. He said the average person would be unconscious, or at least sick, at that level, and so much alcohol in the bloodstream would render a person unable to deliberate and affect mental functions such as decision-making. The legal limit to drive in Iowa is 0.08 percent.

Elson, 56, charged with first-degree kidnapping, is accused of abducting Amanda Daniel, now 20, from the store at 1001 First Ave. SW and sexually assaulting her at his apartment on Seventh Avenue SW. He isn't disputing the crime; rather, his defense is that he was so intoxicated he didn't have the mental capacity to form specific intent to commit it.

The prosecution rested Wednesday, and the defense will continue its case Thursday with closing arguments expected in the afternoon.

Rehberg, a former supervisor and criminalist with the Division of Criminal Investigation, said blood taken from Elson at 11:45 a.m. May 17 - about 45 minutes after police found Daniel - showed an alcohol level of 0.18 percent. Taking into account the hospital IV Elson was receiving at the time his blood was drawn, Rehberg said, his undiluted blood would have shown an alcohol content of between 0.21 percent and 0.216 percent. And at the time of the 4 a.m. kidnapping, he testified, that number would have been even higher - between 0.31 percent and 0.39 percent.

Also Wednesday, relatives of Elson spoke about childhood abuse he suffered at the hands of his father and how that led to his substance abuse and mental health issues. His sisters said Elson was brutally beaten by their father for disobeying him or for bad grades.

Becky Ehlts, one sister, said Elson went out to burn the trash one time and got his fingers too close to the flames. He came in with them burned to the side of the trash container, she said, and his father made the boy sit down until they were done eating dinner without getting him medical help.

“I will never forget that smell of burning flesh,” she said, crying.

Another time, Ehlts said, her brother was chained to a tree for forgetting to let their dog out.

Vickii Hochstetler, another sister, said Elson developed drug and alcohol problems because of his childhood abuse.