Day 4: Defense, State Rest
It was a long, long day in trial Friday. Judge McGinnis wanted all of the testimony to be completed on Friday. The jury would get the weekend off, and closing arguments would be heard first thing Monday morning.
The day started with Randall Ashauer taking the stand again. This time, though, neither the State, nor the defense would ask the questions. The jurors would have the chance to ask questions of the man whose fate they must decide. Judge McGinnis is the only judge in Outagamie County who allows jurors to question witnesses. The jurors must write the question down on a piece of paper, then the attorneys and Judge McGinnis review it. If no one objects to the question, then Judge McGinnis asks the witness the question.
Most of the juror questions focused on how much and how often Randall Ashauer drinks. Ashauer told the jury he usually drinks beer, but sometimes he drinks Malibu and Coke or UV Blue Vodka and Seltzer. He said depending on the week and how much he is working, he may drink between two and three times per week. He also said that he may have been moving over slightly to the right at the time of the crash, in order to make that right turn onto Maloney Rd.
Next, Nancy Novak. She and her husband Larry, were getting gas at the Shell Station on Highway 55 right before the crash. Nancy said she knows Kayla Lamers's mom, Bonnie. Nancy Novak told the jury she was driving, trying to make a left turn from Maloney Rd. onto Highway 55. She saw Randall Ashauer's SUV driving toward her and suddenly his headlight went out. The headlight of Ashauer's Chevy Tahoe went out when he hit Tiffany Pohl.
Novak said Ashauer appeared to be driving in a straight line and she did not see Tiffany and Kayla on the side of the road. She also said she did not see Tiffany, when she was struck.
Most of the day's testimony focused on the reconstruction of the accident scene. Engineer and defense expert witness Charles Scalia of Madison said he could not determine where Kayla Lamers was standing at the time of the crash. However, he did say Tiffany Pohl was walking on the pavement, according to his analysis of crime scene photos and accident reconstruction report prepared by Jason Schwarz of the Wisconsin State Patrol. Scalia said he believes the accident was "unavoidable." He also believes there were not any tire tracks at the scene that matched Randall Ashauer's SUV. Scalia also testified he didn't believe Ashauer's tires ever left the pavement. He also said he couldn't pinpoint the exact point of impact, but he believes it was in a four to five foot area on Highway 55 that includes the area east of the fog line. The State cross examined Scalia about his findings. Andrew Maier pointed out that Scalia is paid $320 per hour for his services, so he believes his findings could be slanted to fit the defense theory.
Scalia's findings were similar to the findings of Dennis Skogen, who testified on Thursday for the defense. However, Skogen was a bit more precise. He said that he believed Ashauer was driving either on or slightly east of the fog line.
Trooper Jason Schwarz then took the stand as a rebuttal witness for the State. Trooper Schwarz said he believed Tiffany Pohl and Kayla Lamers were walking in the gravel shoulder. He said that he analyzed the debris field, the fluid trail left by Ashauer's vehicle along with eyewitness statements to come to his conclusion that Ashauer was driving in the shoulder. Mary Lou Robinson objected to Schwarz's testimony saying she didn't believe Schwarz was an expert. Robinson pointed out that this accident was the first involving a pedestrian in which Trooper Schwarz had prepared an accident construction report. This was Schwarz's fifth accident reconstruction, ever.
Both sides rested but not before Mary Lou Robinson asked to recall Scalia to rebut Schwarz's testimony. Judge McGinnis denied the request.
Also, Judge McGinnis admonished Robinson in front of the jury because she asked Scalia about the tire marks. McGinnis said that he warned her not to ask about the marks since he had thrown out that potential evidence before trial citing its unreliability, since the tracks couldn't be linked to Ashauer's SUV. McGinnis even threatened to throw her in the county jail for an hour, since he said she had repeatedly disobeyed his orders. Later, he told the jury not to hold such comments against Robinson or Maier. He said both attorneys are highly regarded and are doing their jobs.
Tiffany Pohl was not in court today. She was not feeling well.
