FRANKLIN A 1999 crash killed Amy Gardners 6-year-old son, and since then her efforts have revolved around prosecuting the person she believes is responsible for the tragedy the boys father who is also her ex-husband. Gardner of Woodburn has gathered an arsenal of paperwork and photos of the one-vehicle crash that occurred 6:35 a.m. Oct. 8, 1999, about five miles west of Franklin in Simpson County. Gardners son, Lee Morris Gossett, 6, was riding without a seat belt when his father, George Gossett, now 34, of Orlinda, Tenn., lost control of his pickup while northbound on Ky. 383, according to a Simpson County Sheriffs Office report. Gossett lost control of the truck and traveled onto the left shoulder, over corrected, crossed both lanes and entered the right-side shoulder, according to the report. The pickup overturned two and a half times and ejected Lee Gossett, who was a first-grader at Franklin Elementary School. Lee was killed when the 1997 GMC pickup landed on top of him, the report said. Following the crash, a sample of George Gossetts blood was taken at the hospital and it tested positive for the presence of cocaine, according to records from law enforcement and medical authorities. The sheriffs report on the crash listed contributing factors that included unsafe speed, the lack of a seat belt and drug involvement. In an unusual twist, Gossetts blood sample was lost between the hospital and the lab, creating a major obstacle for investigators who needed the sample for additional testing in order to prove whether George Gossett was impaired by the cocaine when the crash occurred, according to Simpson County Commonwealths Attorney Clint G. Willis. Willis, who became Commonwealths Attorney in January, said the case was presented to a grand jury before he took office, but did not result in an indictment. Willis said he is working with the Simpson County Sheriffs Office to uncover new evidence before he presents the case to a grand jury. I anticipate it probably will be going back to the grand jury at some point, Willis said, adding that it will not be anytime soon. Gossetts attorney, Richard J. Downey of Franklin, said that Gossett has suffered immensely since the death of his son. I will tell you in all sincerity that he has suffered a tremendous loss, the mother has, too, as with any parent who has lost a child, Downey said. Neither one of them will ever get over it. Gardner filed a wrongful death civil suit in Simpson Circuit Court against Gossett in January 2000 and it was settled out of court for an undisclosed sum in May 2000, according to Simpson County court records. Gardner says her life remains in limbo while awaiting the outcome of the investigation. As a mother I cant give up, Gardner said. I feel so honored that I was given a child that wonderful. I dont think they realize how it hurts my soul. Gardner said she tries to keep the memory of her son alive by maintaining a roadside memorial at the crash site, organizing a Childs Memorial Day walk in Franklin in honor of her son and continuing to celebrate Lees birthday. Currently, a large cross with a toy tractor, one of Lees favorite type of toys, marks the spot of the fatal crash. Former Simpson County Commonwealths Attorney R. Lee Steers said he remembered the unusual case and considering the evidence doubted a successful conviction. Steers cited an appellate court ruling that overturned the conviction of a parent who was convicted in connection with the death of an unrestrained child. The language of the criminal statute requires more than just the ordinary negligence of failing to buckle in a child, Steers said. Even the blood that tested positive for the presence of cocaine would prove a challenge in court, he said. The sample was tested at Quest Diagnostics Inc. in Nashville, Tenn., but was lost, according to a letter from the Nashville lab manager. Lab reports indicate the presence of cocaine in Gossetts blood, but multiple experts could not indicate the amount of cocaine present in the blood during the crash, Steers said. All you could prove was that sometime in the last three days the driver had used (the drug), but could not prove impairment at the time of the crash, he said. A Kentucky State Police captain at the Frankfort forensic laboratory cited realistic courtroom challenges if a prosecutor relied on the report from the missing blood sample. An additional problem to be contended with on this type of testing procedure is the difficulty with regard to chain of custody, state police Capt. Wayne Mayfield wrote in February to current Simpson County Commonwealths Attorney Willis. You will likely encounter many problems using this report in a criminal proceeding. Willis said investigators are trying to find other ways to prove the case. A little child died, Willis said. And right now were in a situation where we suspect the driver may have been impaired, but Im waiting on proof of it. A bad accident happened, but were there criminal elements involved in it as well?Willis said he and victims advocate, Leah Maddox, frequently struggle with the case, where a tragedy is combined with elements of uncertainty. I guess theres not a week that goes by where we dont discuss that in some way, he said. No matter what happens, nobody is going to be happy out of it. Gardner said she would like to see a law created that would allow someone to be charged with possession if a presence of a drug is found in their blood or urine. Willis said many details in the Gossett case are similar to the overturned conviction of Corey Mitchell, who was prosecuted for failing to restrain his infant daughter, Mackenzie, during a drive in Bowling Green in 1995. She was sitting in a child restraint seat, but not secured in it when she was thrown from the familys vehicle and died of her injuries. Mitchell was convicted of second-degree manslaughter, but had the case overturned by a Kentucky Court of Appeals ruling in January. The landmark case was believed to be the first and only known case in which a person was prosecuted and convicted because of a death associated with failing to restrain a child during a crash.