Trisha Stratman's attorney intends to argue at her trial next month the former sheriff's deputy should be acquitted of vehicular homicide because she had a special right under state law.
In a motion filed Friday, her attorney argues Stratman was acting in good faith in an official capacity on July 18, 2010, when the La Crosse County sheriff's deputy was involved in a fatal crash with a 16-year-old driver.
That makes her conduct privileged, her attorney argues.
Stratman is charged with homicide by negligent operation of a vehicle. A jury must determine whether Stratman was criminally negligent, as prosecutors contend.
Prosecutors have filed motions asking the court to prohibit the privilege defense.
Attorneys on Friday also filed motions to exclude certain evidence and testimony from the trial Nov. 7 in La Crosse County Circuit Court.
A judge will rule on the motions during a hearing Thursday.
Prosecutors contend Stratman ran a red light at about 90 mph at Hwys. 35 and OT and hit a car driven by Brandon Jennings about 1 a.m., according to court records. The 16-year-old Holmen High School student from Onalaska died after being thrown from the car.
Stratman was responding to an emergency call from a Holmen police officer handling a rowdy bar crowd alone. Her car's lights and sirens were activated.
She was fired in August and has appealed her termination.
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