WFRV.COM Courtroom Journal

Chief John Manion: "I'm appalled and disgusted"

2008-03-05T03:37:00Z

Mary Lou Robinson did not return my phone call seeking comment.

However, Kaukauna Police Chief John Manion did. When I asked Manion what he thought, he said, "I'm fed up with the attitude that we in Wisconsin have toward alcohol." Manion said people in Wisconsin drink at church picnics and tournaments and get into cars and drive drunk, sometimes with children in the car. Manion said the drinking culture in Wisconsin proliferates "a new generation of drinking." As a law enforcement officer he said it's frustrating. Manion believes the underage drunk driving laws need to be made tougher.

I asked Manion what he thought about his officers coming under fire for their handling of the crime scene and other portions of the investigation. Manion said "I think it was unprofessional how they were attacked. They're highly trained and professional."

Most of all, Manion seemed to be upset about Tiffany Pohl. He asked, "Who's taking responsibility for injuring this woman? No one."

What Did The Jurors' Think?

2008-03-05T03:32:00Z

The morning after a big trial ends, reporters are always trying to think of a way to follow up on the verdict (especially when it comes down after 8:00 p.m. One thing we like to try to do is talk with the jurors. Judge McGinnis told the jurors they didn't have to speak with anyone about the case or the deliberations. He said they could if they wanted to, but they weren't required to do so. That always makes reporters nervous! We love to talk to people and tell their stories. We also love to listen to stories!

I started calling jurors. I went through the list one-by-one. One hung up on me while others weren't home or didn't answer. I had to give it a try. I worked on this for several hours to no avail. Finally, after three hours or so my phone rang. It was Matt Schmudlach returning my call.

We met Matt in Oshkosh. Our first question: What did he think of the case? Matt said that he thought that it was interesting and that the case could have gone either way. However, when it came down to it, he said there wasn't any physical evidence to support. Matt believes if he and the other jurors had heard evidence of tire tracks in then gravel shoulder, the verdicts would have been different. (You may recall, Judge McGinnis suppressed tire track evidence before the trial. The State wanted to present evidence of tire tracks in the gravel, but Judge McGinnis said the tracks were unreliable and could not be linked to Ashauer's SUV, so the jury would not hear about the tracks). He also said

Matt also said he believed the jury would have convicted had the lighting conditions been different that night. He also believed had the crash happened in daylight, the verdicts would have come back guilty. I asked Matt what took so long? He said most of the jurors had decided Ashauer was not guilty fairly quickly while a couple remained undecided. Matt said much of the nine hours the jury spent deliberating was spent discussing the charges and the legal jargon in the jury instructions. They wanted to be sure they got it right. Matt also said emotion about Tiffany Pohl and her injuries was kept out of the deliberations.

I aksed Matt whether he believed he would have struck Tiffany and Kayla the night of the crash. He replied, "with the evidence presented, yes." Matt said he believed Ashauer was intoxicated, but it might not have been the most significant factor in the crash. He believes everything from the glare from Catherine Schmidt's car, to Tiffany and Kayla's dark clothing and the overall lighting conditions contributed to the crash.

When the Verdicts Came Down -- Not Guilty

2008-03-05T02:41:00Z

It was just before 8:30 p.m. when we heard that the verdicts had come down. And, it seemed like the oddest time for it to happen. The jury got the case at 11:30 a.m. and asked three questions. The last came around 8:10 p.m. The jurors asked what it meant to exercise "due care." I found a definition of due care on the internet it states, "A phrase used to the level of care that an ordinarily reasonable, intelligent, and prudent person would use under the same or similar circumstances."

Basically, the jurors had to decide whether an ordinary person in the same or similar circumstance who would have struck Tiffany Pohl and Kayla Lamers. Within 10 minutes of the jury receiving the definition, we received word that the jury had reached its verdicts.

When I walked into the courtroom, family and friends of Randall Ashauer were sitting quietly in the courtroom. Tiffany Pohl's mother and brother walked in. Judge Mark McGinnis came in and he brought the jury back. He told everyone in the courtroom that they would be taken into custody if they became disruptive or emotional during the reading of the verdicts.

The first verdict was read and there was silence. You could see people becoming emotional but trying to keep their composure. As the four not guilty verdicts were read, Tiffany Pohl's mother Vicki sat motionless and silent. Tiffany was not in the courtroom.

Kayla Lamers and her mother sat silent.

Judge McGinnis told the jurors they were the most attentive jurors he'd had in his courtroom.

Randall Ashauer and his family and friends cried and hugged for several minutes before leaving. Some made celebratory phone calls while others said "it was worth wait."

Waiting For the Verdict

2008-03-04T01:03:00Z

It’s a little after 7:00 p.m., and I am sitting in court with Dan Wilson from our media partner, The Post-Crescent. This is the third trial that he and I have covered together.

We don’t have a verdict yet. So far the jury has asked two questions. The first, the jurors requested the accident reconstruction report prepared by the Wisconsin State Patrol in this case. It’s been a point of contention in the trial. The State Patrol said Tiffany was walking on the shoulder at the time of the accident, while defense experts testified she was likely walking on the pavement.

I was just talking with the bailiffs for this courtroom, Fran and Teresa. They are very nice and have been helpful all week. So, we’re just waiting, waiting, waiting!

Closing Arguments

2008-03-04T01:00:00Z

Closing Arguments started following jury instructions and lasted the better part of the morning. First up, Assistant DA Andrew Maier argued that he had proven his case that Randy Ashauer was drunk on April 1, 2007 when he struck Tiffany Pohl and her friend, Kayla Lamers.

"He can't tell you sitting in the jury box that he was drunk. What kind of arrogance is that?"

Ashauer’s attorney Mary Lou Robinson didn’t take to kindly too that in her closing.

“When the prosecutor called him arrogant, actually, but for a courtroom, I wanted to slap him. Because, there's not an arrogant bone in Randall Ashauer's body," Robinson stated. Robinson also restated much of the testimony in her case, citing the poor lighting conditions that night and the dark clothing worn by Tiffany and Kayla that night. Robinson made her case for the affirmative defense. She has a burden of proof, but it’s not beyond a reasonable doubt – it’s more like 51%.

Basically, Robinson has to convince the jury that this accident would have happened, even if Ashauer had been sober. Robinson said the jury must acquit Ashauer,because he’s not guilty.

In his rebuttal argument, Maier said it’s possible Ashauer isn’t arrogant, but he said it was arrogant of him to come into court and testify that he wasn’t drunk. Maier also took a swipe at Ashauer’s lifestyle, calling it “comfortable.” Maier said, “it must be nice to spend you days in supper clubs, and go out a couple of nights a week.” He also stated that he had proven his case, and that Ashauer was guilty.

The jury started deliberating around 11:30 a.m. It’s now 7:00 p.m.

Judge Mark McGinnis

2008-03-03T13:48:00Z

Judge McGinnis has been on the bench for a few years. I've been in his courtroom several times and let me tell you: this guy runs a tight ship. This trial has been a marathon sprint. Everyone has been complaining about the benches being so hard. Randy Ashauer's mom brought a cushion to sit on late last week. The days in court have been long, starting at 8:15 and going as long as 6:30 p.m. So, sitting on a wood bench can be very uncomfortable. Also, we haven't had a lot of breaks. Usually, we get a 15 minute break in the morning and one in the afternoon, along with an hour lunch break. During the Avery trial, we had a lot of really long breaks. But, not in this case.

Judge McGinnis is very serious -- bordering on intense. However, he's been very accomodating to the media all week. We have seen a different side to him, though. He's very funny! He's cracked several jokes that elicited laughs from not only the media and jurors, but members of the audience. He's very deadpan but then he starts laughing. It's always nice to have a judge who has a good sense of humor. You need it when covering things as serious as this case. There have been many brief moments of what I call "courtroom levity" thanks to Judge McGinnis and Mary Lou Robinson. WIth all of their bickering back and forth, they've made us laugh a bit, too.

Monday Morning: Closing Arguments

2008-03-03T13:40:00Z

Assistant District Attorney Andrew Maier and defense attorney Mary Lou Robinson will make their final pitches to the jury that will decide whether Ashauer being under the influence (his BAC was .195) was a major contributing factor to the crash. Mary Lou Robinson must prove in her affirmative defense that the crash was unavoidable. Her duty was two-fold in this case: prove the affirmative defense and cast doubt on the State's theory.

It should be interesting. I am speculating the jury will be out for a while. This isn't an easy case, at least not in my eyes, when looking at all of the testimony. But, I could be wrong. You never know what a jury is going to do. Waiting for a jury to come back is like waiting for a baby born: it could take five minutes, five hours or five days. You just never know.

Day 4: Defense, State Rest

2008-03-03T05:26:00Z

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.

What do you think of the case? Feel free to post a comment on our blog or email me at angenette.levy@wfrv.com.

Day Three

2008-02-29T05:31:00Z

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.

Day Two

2008-02-28T04:16:00Z

Tiffany Pohl was not in court this morning. One of her family members said she wasn’t feeling well. Tiffany arrived in the afternoon and sat in an adjacent courtroom.

Today’s testimony focused on law enforcement and how officers investigated the crime scene the night of the accident. Sgt. Don Krueger took the stand. He helped perform CPR on Tiffany Pohl and photographed the crime scene. He was also in charge of the evidence.

Krueger underwent intense questioning by Mary Lou Robinson. She focused on what Sgt. Krueger didn’t do that night. She asked why he didn’t photograph a fluid trail that ran down Highway 55 from the accident scene to the Randall Ashauer’s SUV. Robinson implied this helped Randall Ashauer because the fluid trail was in the road and ended in a right turn lane at Maloney Rd. where he was attempting to make a right turn. Robinson says the fluid trail was not on the shoulder. Sgt. Krueger said that many of the things Robinson was questioning him about were not his duty that night.

Judge McGinnis informed the jury of his pre-trial ruling to suppress tire marks that had been photographed that night. McGinnis said those tire marks could not be linked to Ashauer’s vehicle because they were not collected properly. McGinnis said the tire marks were unreliable.

A witness to the crash also testified. Larry Novak was getting gas at the Shell gas station on April 1. Novak said he was trying to turn onto Highway 55 (Delanglade St.) when he saw a headlight go out on Randall Ashauer’s vehicle. Novak said he thought that it was unusual because he had never seen something like that before. Novak testified he did not see the girls and he could not tell whether the car was on the road or shoulder. However, Novak said he did not see the SUV swerve.

Next up, Officer Thomas Raether. Raether took Randall Ashauer into custody the night of the crash. He said that he could smell alcohol on Ashauer’s breath and Ashauer had trouble performing field sobriety tests. Raether said Ashauer told him, “He said that he was drunk and that I could arrest him. He just wanted to know how the girl was doing.”

Raether took Ashauer to Appleton Medical Center where blood was drawn after 10 p.m. nearly two hours after the accident. Mary Lou Robinson asked Raether whether Ashauer could have had trouble performing the field sobriety tests because he was “fat.” Everyone in the courtroom got a laugh out of that! Poor Mr. Ashauer! Raether said it was possible. Robinson also said the UV Blue Vodka Ashauer was drinking that night was a lower proof vodka and that the intoxicants Raether smelled was the flavoring of the vodka -- not the alcohol.

An alcohol analyst from Madison testified Ashauer’s BAC was .195 -- or more than two times the legal limit. Mary Lou Robinson questioned the accuracy of the testing. Kristen Drewick said her lab has an error rate of + or -- 5%.

Officer John Nejedlo wrapped up the testimony. He said that he marked off the crime scene that night with his squad car and he saw the fluid trail running from the SUV to the shoulder where Tiffany Pohl was lying on the ground. Mary Lou Robinson vigorously questioned Nejedlo about why the fluid trail wasn’t mentioned in his reports. Nejedlo didn’t really have a reason. Nejedlo speculated that the fluid mark on the shoulder wasn’t photographed because it had already soaked into the gravel. Robinson was not happy with this.

Witness Testimony -- Day One

2008-02-27T05:33:00Z

Kayla Lamers -- Victim

Kayla Lamers was the first witness to take the stand. She was up there for more than two hours. Kayla described in great detail what she and Tiffany were wearing the night of the crash. Kayla told the jury that she and Tiffany were wearing darker clothes and that they left Tiffany’s house to walk to the Shell station where Tiffany’s boyfriend was working to deliver some puppy chow. Kayla said they never walked on the pavement that night. She said the only time that they did was when they crossed the street from Lawe to Delanglade.

Kayla became emotional when describing the accident. She said Tiffany was talking on her cell phone at the time. She said that she tried to find out if Tiffany was ok. She described Randall Ashauer and his wife, Paula, coming up to the scene and a couple stopping to render aid.

On cross examination, Mary Lou Robinson pointed to some inconsistencies in Kayla’s statements. Kayla said there were no inconsistencies in her statements.

Craig Leitzke -- Witness

Craig Leitzke said that he drove past Kayla and Tiffany before the crash and that they were walking off the side of the road talking “girlie talk” and putting their hands in the air and turning in circles. At one point he said they were walking backward due to the wind.

Catherine and Shannon Schmidt -- Eyewitnesses

Catherine Schmidt and her family were driving home on Delanglade St. She was driving south and Randall Ashauer was driving north. Schmidt said she noticed Ashauer’s SUV in the distance because he was driving close to the white fog line. She said that she also saw Tiffany and Kayla walking on the shoulder. Schmidt said that as she started to pass Ashauer’s SUV she heard a loud noise, looked over and saw Tiffany flying up and hitting Ashauer’s windshield. She slammed on her brakes and she and her husband Shannon got out of the car.

Schmidt is a certified CPR instructor. She and Shannon called 911 and performed CPR. Tiffany was not breathing and had no pulse. Randall and Paula Ashauer came to the scene. Paula helped with CPR, breathing into Tiffany’s mouth. A portion of the 911 call was played. Tiffany, her mom Vicki and her sister started to cry.

Catherine and Shannon told the jury they smelled alcohol on Ashauer’s breath and he kept saying, “I can’t believe I hit her, c’mon wake up girl.”

Shannon said he actually saw Ashauer hit Tiffany. He said Ashauer was straddling the fog line and the girls were walking on the side of the road.

On cross examination, Mary Lou Robinson said all of the Schmidts, including the two children, had different accounts of what happened. She tried to imply that they were biased in favor of Tiffany, since they had visited her in the hospital and had been in contact with her since the crash.

Today, Paula Ashauer is expected to take the stand.

Day One of The Trial of Randall Ashauer

2008-02-26T20:45:00Z

The day started early with opening statements at 8:15 a.m. Judge McGinnis said the court schedule would be dictated by what the jurors want.

Before court started, Mary Lou Robinson told the judge she was glad that Tiffany Pohl was not in the courtroom because she felt Tiffany’s breathing apparatus was a distraction. Judge McGinnis became irritated and said Tiffany had every right to attend the proceedings and would be allowed in the courtroom.

The State is represented by Andrew Maier. Maier gave the shortest opening statement I’ve ever seen. It lasted five minutes! His focus: Tiffany Pohl may never walk again because Randall Ashauer was driving drunk and hit her on April 1, 2007.

Up next, Mary Lou Robinson with second shortest opening statement I’ve ever seen! Robinson’s lasted about 10 minutes. She told the jurors that she would prove that Tiffany Pohl and Kayla Lamers were walking in the road on Delanglade St. (highway 55) that night and that any one of them would have hit the girls. The defense she’s using is called an affirmative defense. She must prove her theory but her burden of proof is not as great as the State’s. Robinson said that she will produce eyewitness and expert testimony to prove her theory.

Fireworks at Jury Selection

2008-02-26T06:14:00Z

Jury Selection started at 1:30 p.m. on Monday. Randall Ashauer wants an Outagamie County jury. It’s his constitutional right and defense attorneys try to preserve that right for their client by limiting pre-trial publicity.

The final jury of 12 men and women and 2 alternates was selected from a final pool of 26. 7 potential jurors said they had heard about the case through the media. Those 7 were questioned individually, two were dismissed because they said they couldn’t be impartial.

Mary Lou Robinson was very upset during jury selection. She says a benefit held last weekend for Tiffany Pohl was held in order to taint the jury pool and gin up sympathy for Tiffany Pohl. She asked the judge for a change of venue. He denied the request and she was furious. She said she doesn’t believe the jury selected is a fair and impartial jury. She thinks many of the jurors lied when asked whether they knew more about the case than what was mentioned by Judge McGinnis at the beginning of jury selection.

Mary Lou Robinson addressed the 70 or so remaining jurors and said that she hoped that if they had been less than candid, she wanted them to say so right then and there.

Then, Ms. Robinson asked the case be dismissed. Robinson says there is a witness who drove by the girls that night who saw them doing “girlie talk” and dancing around in circles, possibly on the paved portion of the roadway. Another witness claims to have seen the girls in the road. She claims that the DA’s office obtained a witness statement that exonerates her client and she only received the new information that morning. Judge McGinnis denied the request.

Mary Lou Robinson and Judge McGinnis had several heated exchanges. He told her to stop interrupting him and that a certain level of decorum had to be displayed in the courtroom. Judge McGinnis assured Randall Ashauer he would get a fair trial. We didn’t leave the courthouse until 10 p.m. The jury was selected after 7 hours. 8 women and 6 men sit on the jury.

Courtroom Journal: The Trial of Randall Ashauer

2008-02-25T20:20:00Z

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.

I welcome your thoughts and comments on this trial. If you're already a registered user of WFRV.COM, you can post your comments on my blog. If not, click the Sign Up link at the top of the site to create an account.