Affidavit: Amy Senser swears she never was treated for chemical dependency

Amy Senser
This photo provided by Halberg Criminal Defense law firm taken on Sept. 1, 2011, shows Amy Senser, wife of former Minnesota Vikings tight end Joe Senser, in a Bloomington, Minn., law office. Attorney Marsh Halberg says Amy Senser acknowledges she was the driver of an SUV believed involved in a hit-and-run that killed a pedestrian, in a signed statement to the Minnesota State Patrol Friday, Sept. 2, 2011.
AP Photo/Halberg Criminal Defense law firm

In an affidavit filed Friday in Hennepin County District Court, Amy Senser swore that she has never received treatment for chemical dependency issues.

Attorneys for Senser, who is being prosecuted for two felony counts of criminal vehicular homicide in the hit-and-run death of Anousone Phanthavong, also argued that the charges should be dropped for lack of probable cause.

In the court filing, Senser's attorneys said that she shouldn't be required to release any records relating to chemical dependency treatment, which the prosecution had requested.

They argued that chemical dependency treatment wasn't relevant to the case because that information wouldn't prove whether Senser was aware that she injured or killed a person while driving. But in the affidavit, Senser said she has "never been assessed for chemical dependency issues" or "treated on an impatient or outpatient basis for chemical dependency."

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The filing characterized the prosecution's request for treatment information as "an attempt to enflame and prejudice the potential jury pool."

"The original motion filed by the state put Ms. Senser in a position that if she was simply to rely on the objection, it would create an inference in the public perception that she was trying to hide something," Senser's attorney Eric Nelson told MPR News. "There is absolutely no relevance to this and this is a patently offensive type of a motion. However, we have nothing to hide here on this point."

A week ago, the Hennepin County Attorney's office filed a motion to force Senser to release her medical records.

Prosecutors said they based the request on a claim made by Senser that she was suffering from a migraine at or before the time she allegedly hit and killed a man on an I-94 ramp.

The county attorney's office also says a witness exists who may have treated Senser for chemical dependency following the crash. However, prosecutors say that witness will not disclose information without a court order.

The defense also argued that Senser's behavior after the time of the accident, including erasing text messages and receiving a flurry of cell phone calls, doesn't establish that she was aware that she had hit someone.

The defense's motion to drop the charges is expected to be decided by the court on March 9.

Senser is the wife of former Minnesota Vikings tight end Joe Senser.