- House and Senate negotiators reach two-year budget deal
- Congress seeks ban on in-flight calls
- Michelle Malkin’s Twitchy site sold to owners of Townhall, HotAir: report
- GM’s Barra to be first woman to run top American carmaker
- China: Poisonous smog is a military asset, if you think about it
- Texas woman admits to sending ricin to Obama
- Ron Paul on son Rand: ‘I think he probably will’ run for president
- Cold War heats up again in the Arctic: Russian airfield reactivated after 20 years
- 6-year-old boy suspended for sexual harassment over kiss
- Voters deciding Mass. congressional contest
Prosecutor: Leyritz too drunk to avoid fatal crash
FORT LAUDERDALE, FLA. (AP) - Former major league baseball player Jim Leyritz had enough time to stop before a fatal 2007 car crash but was too drunk to react to a traffic light and should be convicted of DUI manslaughter, a Florida prosecutor told jurors in a closing argument Thursday.
Stefanie Newman, an assistant state attorney, said evidence in Leyritz’s 10-day trial showed that he consumed the equivalent of 11 to 12 shots of liquor before getting behind the wheel of his Ford Expedition on Dec. 28, 2007. A state expert said his blood-alcohol level was likely more than twice Florida’s 0.08 limit when he collided with a Mitsubishi Montero driven by 30-year-old Fredia Ann Veitch, killing her.
“If he ran the light, and the victim had a green light, then he caused this crash,” Newman said. “He could have avoided this crash. He had a good four seconds of yellow to stop.”
Leyritz’s attorney, David Bogenschutz, countered that defense experts showed Leyritz may have been under the DUI limit when the crash occurred, his blood tests were unreliable and that two state eyewitnesses were less than definitive under close questioning about who had the right of way. Veitch, a mother of two, was also drunk that night.
Leyritz, 46, faces between four and 15 years in prison if convicted. Mostly a catcher over his 11 big-league seasons with several teams, Leyritz is best known for a dramatic home run that helped the New York Yankees win the 1996 World Series.
Jurors deliberated almost two hours Thursday without reaching a verdict and will return Friday afternoon. They must decide if Leyritz’s blood-alcohol level was above the Florida limit and whether his actions “caused or contributed to the cause” of Veitch’s death.
An alternate juror who was dismissed, Ralph Brandenburg, said outside the courtroom he would have voted to acquit Leyritz.
“I can’t see that the evidence is there that he ran the red light,” Brandenburg said. “I wish the state would get its act together better.”
Key to the outcome are the trial’s dueling crash reconstruction and toxicology experts. The state’s toxicologist estimated that Leyritz had a 0.19 blood alcohol level when the crash happened, based on a 0.14 reading taken three hours later.
But the defense expert, Dr. Stefan Rose, said Leyritz suffered a slight concussion that may have slowed absorption of alcohol into his bloodstream and that tubes used in the blood tests had inadequate preservatives, leading to alcohol-creating fermentation in the sample.
He also testified that because Leyritz downed a last vodka shot moments before the collision, his alcohol level actually rose after the crash _ and was below Florida’s limit when the vehicles collided.
The exact time of the crash is also important. Police pegged it at 3:19 a.m., but defense experts said it may have been up to 10 minutes earlier. If true, according to Leyritz’s experts, he may well have been below the 0.08 limit at the moment of impact.
“The timing on this is important. It’s going to affect the blood,” Bogenschutz said.
By Donald Lambro
Growth spikes are little more than trend-free anomalies
- Harry Reid's visa pressure cooker
- Obama takes 'selfie' at Mandela's funeral service
- Chinese man fed up with his girlfriend's shopping jumps to his death
- FITTON: A closer look at the Benghazi lie
- CARSON: Why did the founders give us the Second Amendment?
- American bourbon now better than Scottish whiskey: U.K.-born expert
- Somber duty: U.S. presidents in hot demand at Mandela's memorial
- Obama shakes hands with Cuba's Raul Castro at Nelson Mandela's funeral
- KOENIG: Should Congress hike your taxes ... or, instead, slash spending?
- Christmas secularists get 6-foot beer-can Festivus pole at Florida Statehouse
Independent voices from the The Washington Times Communities
Criticism may not be agreeable, but it is necessary. It fulfills the same function as pain in the human body. It calls attention to an unhealthy state of things.
The “Silver Tsunami” created by aging Baby Boomers is hitting America. Let’s explore how we adjust to it, enjoy it and defy negative expectations about age.
Find the latest news and happening that effect those in the Washington D.C., Northern Virginia and Maryland Metro region.
Global economy, the civilizing power of markets and public morals.
White House pets gone wild!
Let it snow