Welcome to my blog for the trial of Randall Ashauer. You can check in daily to read more about the case as it goes on through this week.
I want to start by giving you a little bit of background on the case. On April 1, 2007, just around 8:22 p.m., Tiffany Pohl and Kayla Lamers were walking northbound along Highway 55 (often referred to as Delanglade St.) when they were struck by an SUV. Police say Tiffany was thrown into the air, the force of the impact knocked her shoes off of her feet, and she landed sitting up on the gravel portion of the shoulder. Police say the car was driven by Randall Ashauer, 53. Kayla Lamers was struck on the arm.
Randall Ashauer stopped his car after his wife told him that he had hit someone, according to the criminal complaint. Ashauer, his wife Paula, and the Schmidt family (that family was driving in the opposite direction) stopped, and tried to help Tiffany. Ashauer told police that he and his wife were laughing and talking about a cribbage game they had played at a local bar, when the accident happened.
Tiffany Pohl was unconscious. Kaukauna Police quickly arrived at the scene of crash. One of the officers said that he could smell liquor on Ashauer’s breath. Ashauer was asked to take a field sobriety test. At this time, the criminal complaint states Ashauer stated, “I’m drunk, arrest me. I just want to know how the girl is doing.” Police say Ashauer’s blood alcohol level was .195 -- or more than two times the legal limit.
Ashauer admitted to drinking between 7 and 8 vodka and sodas at Tommy G’s Bar in Kaukauna, according to the District Attorney. His wife also admitted that she had been drinking, but didn’t feel drunk.
Tiffany Pohl was rushed to Theda Clark Medical Center in Neenah. She was not expected to live through the night. The injuries that Tiffany suffered left her a quadriplegic. Tiffany defied the odds and moved to a rehabilitation center in Denver, CO. She would finally return home, to Kaukauna, in October 2007. Tiffany needs round the clock care.
The crux of this case lies with where Tiffany and Kayla were struck. Kayla says that she and Tiffany were walking northbound and that Tiffany was walking on the gravel portion of the shoulder while Kayla was walking to Tiffany’s right, in the grass. Randall Ashauer claims the girls were walking in the road when they were struck, and that he was preparing to turn right onto Maloney Rd. therefore, he’s not guilty. He will have to prove that this accident would have happened even if he had not been drinking that night. Channel Five legal analyst Rob Bellin says that is called an affirmative defense.
Mary Lou Robinson is representing Randall Ashauer. Robinson is a well-known defense attorney in the Fox Valley. The trial is expected to last through Friday and possibly into the weekend.
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