See also: John Bederka Civil Trial Testimony

Materials Evaluated:

1. Investigating officer's report of motor vehicle accident;

2. Official report of the Iowa Department of Public Safety, DCI Laboratory;

3. The Department of Transportation request for specimen;

4. A copy of Tracy Rokes; driver's license reflecting his date of birth and weight;

5. Statement of Sgt. Wilson with the Cedar Falls Police Department of Tracy Rokes on 10/05/96

6. Sartori Memorial Hospital laboratory report reflecting results of the legal blood alcohol level;

7. Blood collection report;

8. Statement taken by Officer Robert B. Anderson with the Cedar Falls Police Department of Ronnie Rose Young on 10/07/96 reflecting the time Defendant Tracy Rokes left Brewsters;

9. Statement taken by Officer Robert B. Anderson of Craig Allan Young on 10/07/96 which reflects the time Tracy Rokes arrived and left Brewsters;

10. Narrative report by Officer Robert B. Anderson dated 10/07/96 stating information concerning informing Tracy Rokes of the results of his blood test;

11. Narrative report dated 10/04/96 by Officer Robert B. Anderson which contains information concerning testing of Rokes;

12. Narrative report by Officer Robert J. Michael dated 10/05/96 including information about the withdrawal of blood from T. Rokes;

13. Ambulance sheet concerning Tracy Rokes dated 10/04/96;

14. Transcripts in the matter of State of Iowa v. Tracy Rokes (Volumes I through V);

15. See copies of the Title pages of the 12 Articles (enclosed under separate cover).

Presumed Facts:

1. The accident in question occurred at about 22:50 hours on October 4, 1996.

2. Alcohol consumption in the form of Been by Mr. Rokes occurred during about 2.5 hours from about 20:00-23:00 hours on October 4, 1996.

3. As per Mr. Rokes' statements, he consumed about 6 Beers during about 2.5 hours of drinking with 3 Beers having been consumed during the last 1 hour before his leaving the establishment knows as Celebrations.

4. The scientific evidence literature notes that after the consumption of 6 Beers in one hour, the Blood Alcohol Concentration (BAC) peaks within 10 minuets after the cessation of drinking. Whereas, after the consumption of about 8-10 Beers in about 2 hours, the BAC peaks within about 25 minutes after the cessation of drinking. Studies that report longer times to peak BAC were carried out with the ingestion of whiskey and/or simulated whiskeys usually consumed with a periods of about 15 minutes.

5. The rate of decline of the BAC after Beer drinking, in reference to Item 4, immediately above, was between .0014 and .0029% per hour. Trauma victims are reported to have a more rapid rate of decline of BAC.

6. The conversion of a Plasma "BAC" to a Whole Blood-Equivalent BAC will be most likely within the factor of 1.10 to 1.17 irrespective of hematocrit.

7. The analytical precision and accuracy of the Alcohol analyses at Sartori and DCI were equally proficient in terms of results as shown and as stated.

8. Diverse observation of Mr. Rokes, as noted in the File Materials, such as Wobbly, Stumbling, Staggering, Odor of Alcohol on the Breath and Face Flushed, allow that Mr. Rokes was "Frankly Intoxicated".

9. The value of 120 mg/dl reported by Sartori Memorial Hospital Laboratory was the concentration of Ethyl Alcohol (alcohol ) in a plasma specimen obtained from Mr. Rokes at 00:28 on October 5, 1996. The result of 0.087 grams of alcohol in 100 ml of Whole Blood was obtained by headspace gas chromatography on an apparently duplicate specimen which was drawn on 10/05/96. However, the exact conditions of storage, transfer, and, preparation/analysis during the 25 days until October 30, 1996 allow that this specimen had deteriorated, as per Mr. Rayburn's statement.

Results of the BAC Calculations:

The Plasma Alcohol Value of 120 mg/dl (0.125%) when corrected for the conversion to a Whole Blood Equivalent value affords a range of 103-109 mg/dl (0.103-0.109%) at the drawing time of 00:28 on October 5, 1996. Thus, the BAC Profile of Mr. Rokes back to the time of the accident is probably as follows:

BAC Range (%)

Date Time 0.014% per hr. 0.020% per hr.

Date	Time	0.014% per hr.	0.020% per hr.
10/05/96	00.28	0.103 - 0.109	0.103 - 0.109
10/04/96	23:28	0.117 - 0.123	0.132 - 0.138
10/04/96	22.58	0.124 - 0.130	0.147 - 0.153

Conclusions:

From the foregoing, it can be concluded/opined that the BAC of Mr. Rokes at about the time of the accident in question was most probably between 125 and 155 mg/gl (0.125 and 0.155%). Furthermore, at this BAC, Mr. Rokes would have greater than a 50% Probability of being adjudges as "Frankly Intoxicated". Among the psychomotor functions that would be adversely affected at BAC's above 0.125% are the following:

Peripheral Vision During Multitasking
Color Discrimination
Depth Perception
Vigilance
Clear Headedness
Short-term Memory

Respectfully submitted,

John P. Bederka, Jr., Ph.D.
Consulting Toxicologist

updated 07/21/10