Tuesday, July 8, 2014
Texting While Driving/Vehicular Homicide Trial Set To Begin Next Week
Motions regarding a 2013 vehicular homicide/texting while driving case have been settled in court, paving the way for the trial to begin next week.
Judge Jim T. Hamilton heard motions in the case against Lawrenceburg resident Misti Lane Risner, age 37, on Tuesday. In July of 2013 she was indicted on two counts of reckless endangerment and two counts of vehicular homicide in connection with the March 17, 2013 crash that claimed the lives of Lawrenceburg residents Clyde Ray Newton, 66, and wife Willodean Carmie Newton, age 62.
At the time of the crash Troopers with the Tennessee Highway Patrol reported that the couple was traveling eastbound along West Gaines Street on a motorcycle in the vicinity of David Crockett State Park when they came to a stop behind some other vehicles.
Risner, who was eastbound behind the Newtons, failed to stop, striking the rear of the motorcycle. She then reportedly veered into the westbound lane where she struck another vehicle head-on. Both Newtons died as the result of injuries they sustained in the crash.
During Tuesday’s proceedings the defense requested a ruling on a motion to either exclude the testimony of an expert witness, or postpone the trial.
They said that they had only received a report from the expert witness, employed by the prosecution to provide clarity about texting while driving and related issues, eight days before the trial.
They said this did not allow them enough time to research the witness himself or determine whether they would need to employ their own expert witness to refute his testimony. District Attorney General Mike Bottoms opted to withdraw the witness rather than risk postponing the trial.
Once the first issue was addressed, defense attorneys asked that prosecutors specify the acts of recklessness allegedly committed by Risner. They said that with more than two thousand pages of discovery, they wished to have the specific acts stated more clearly.
Prosecutors said that the time stamp on Risner’s cell phone showed that she had posted a message to Facebook while driving, only few minutes prior to the impact.
They said that following the crash Risner’s phone, which was found in the driver’s side floorboard, showed an unfinished message that she had been in the process of typing.
They also said that the crash reconstruction showed that Risner had not hit her brakes until after she collided with the motorcycle. They said that these facts demonstrated that her attention had been diverted long enough to cause the crash.
Lastly, Hamilton and the attorneys determined which of the 300+ accident scene photos would be allowed into evidence.
Several were removed because some felt that they were not relevant, duplicative, or unduly prejudicial. Defense attorneys are requesting that the photos be entered as a collective exhibit.
The trial is scheduled to get underway on Tuesday, July 15.
