Thursday was a busy, busy day in trial. The State called its final witnesses which included Dr. Hugo from the emergency room of Theda Clark Medical Center. Dr. Hugo testified Tiffany Pohl suffered life threatening injuries the night of the crash, including injuries to her spinal cord. He told the jury Tiffany Pohl was not expected to live more than 48 hours.
The State’s final witness: Lt. John Van Drunen of the Kaukauna Police Department. Van Drunen interviewed Randy Ashauer the day after the accident. Van Drunen testified Ashauer came into the PD on his own and he was read his Miranda Warnings, advising he did not have to talk to the police and he also had a right to counsel. Ashauer waived his Miranda Rights and told Van Drunen and Asst. Chief Kevin Shepeardson what happened that night.
Ashauer admitted to consuming between 7 and 8 UV Blue Vodka and Seltzers prior to leaving Tommy G’s Bar in Kaukauna, with his wife Paula. Ashauer said that brand is a lower proof vodka – 60 proof, or 30%. He told police his SUV never left the pavement that night and he did not see Tiffany Pohl or Kayla Lamers, prior to striking them. Ashauer also stated he believed he may have been over the legal limit but he did not believe he was unable to drive safely. Ashauer told police he was "astounded" following the crash. The videotaped statement with police ended with Ashauer asking how Tiffany was doing.
The State rested its case and Mary Lou Robinson started her case. She presented several interesting witnesses. Paula Ashauer testified she and Randy had been playing cribbage at Tommy G’s bar in Kaukauna. They arrived at Tommy G’s at 3 p.m. and left around 8 p.m. She said she believed her husband could drive safely. Paula said sometimes she and Randy would call their oldest son to pick them up, but she felt it wasn’t necessary that evening. Paula stated she did not see Tiffany until she flew up on the windshield, that night. She helped perform CPR on Tiffany Pohl.
There were also some eyewitnesses who had driven on Highway 55 that night. Some said they were concerned for Tiffany and Kayla as they drove past them because they could not see them until they came upon them, due to the dark clothing they were wearing. One man named Brunner said he had to swerve to avoid hitting Tiffany and Kayla.
Meanwhile, a defense expert testified his analysis of the scene showed Randy Ashauer was driving either on the fog line or slightly over it at the time of impact. He said Ashauer was not driving on the gravel shoulder and Tiffany Pohl was likely walking on the pavement at the time of the accident. It is not a violation of state statute to drive on or over the fog line.
At the end of the day, Randy Ashauer took the stand. He reiterated his story to the jury. He underwent cross examination and said that he is able to socialize without drinking. He also said he did not expect that anyone would be walking in the road that night. He said he drinks Blue UV and soda with extra soda, since it’s very sweet. He wants to "cut" the vodka. He said he felt he was close to the legal .08 limit that night, but felt he was ok to drive.
He will return to the stand Friday morning.
