Thursday, June 25, 2009
Defense asks for mistrial in Roanoke County hit-and-run case
Updated 5:50 p.m.
The defense has asked for a mistrial after information about charges Young faces in Floyd County was inadvertently given to the jury.
Young faces a count of malicious wounding and other charges in Floyd County for a Jan. 30, 2008, incident in a parking lot in which authorities say he struck a woman with his car, then attacked her. On Tuesday, Judge William Alexander denied a prosecution request to present evidence related to that case, citing state case law that restricts how evidence of similar crimes can be used in trials.
Information about the case was accidentally sent to the jury room, where two jurors looked at it.
Defense attorney Neil Horn, who had prepared the information for an earlier change-of-venue request, asked for a mistrial after learning that jurors had seen it. "At this point, we have at least two people who have been tainted in the jury room," he said.
Alexander has taken the request for a mistrial under advisement and sent the jury back to resume deliberations.
Updated 11:53 a.m.
A jury that may decide Jeffery Martin Young’s fate today must sort through conflicting opinions from two expert witnesses.
As Young’s trial entered its fourth day today, a biomechanical engineer called by the defense testified that he could not link the damage to the front end of Young’s Jeep to injuries suffered by Thomas Farrell, who was killed last year during an early morning run in Southwest Roanoke County.
Ralph Aronberg appeared in Roanoke County Circuit Court via a video conference link from his office in Fort Lauderdale, Fla., where he operates a firm that specializes in traffic accident reconstruction.
Aronberg noted that there were no fabrics, blood or tissue found on the Jeep – evidence needed for a valid scientific conclusion.
His testimony differed from that of Jason Kerrigan, a University of Virginia scientist who testified for the prosecution on Wednesday. Kerrigan testified that while he could not conclusively say that Young’s Jeep struck Farrell, the damage it sustained was consistent with the injuries suffered by the 49-year-old attorney.
Farrell, an avid jogger, was found lying on the side of Springlawn Avenue the morning of Jan. 28, 2008. He had a massive fracture to the back of his skull, broken ribs and injuries to his side.
Aronberg cast doubt on the prosecution’s theory that a dent on the Jeep’s hood was caused by Farrell’s head during the collision. Farrell was 5 feet 9 inches tall, Aronberg testified, which put his center of gravity at just below the center of the Jeep’s hood. That means the force of the impact would likely have thrown Farrell forward, not up and onto the hood of the Jeep, Aronberg told the jury.
Aronberg was the only witness called by the defense. Young, 31, who is charged with felony hit-and-run and involuntary manslaughter, did not testify.
The jury is expected to begin deliberations this afternoon.
The defense has asked for a mistrial after information about charges Young faces in Floyd County was inadvertently given to the jury.
Young faces a count of malicious wounding and other charges in Floyd County for a Jan. 30, 2008, incident in a parking lot in which authorities say he struck a woman with his car, then attacked her. On Tuesday, Judge William Alexander denied a prosecution request to present evidence related to that case, citing state case law that restricts how evidence of similar crimes can be used in trials.
Information about the case was accidentally sent to the jury room, where two jurors looked at it.
Defense attorney Neil Horn, who had prepared the information for an earlier change-of-venue request, asked for a mistrial after learning that jurors had seen it. "At this point, we have at least two people who have been tainted in the jury room," he said.
Alexander has taken the request for a mistrial under advisement and sent the jury back to resume deliberations.
Updated 11:53 a.m.
A jury that may decide Jeffery Martin Young’s fate today must sort through conflicting opinions from two expert witnesses.
As Young’s trial entered its fourth day today, a biomechanical engineer called by the defense testified that he could not link the damage to the front end of Young’s Jeep to injuries suffered by Thomas Farrell, who was killed last year during an early morning run in Southwest Roanoke County.
Ralph Aronberg appeared in Roanoke County Circuit Court via a video conference link from his office in Fort Lauderdale, Fla., where he operates a firm that specializes in traffic accident reconstruction.
Aronberg noted that there were no fabrics, blood or tissue found on the Jeep – evidence needed for a valid scientific conclusion.
His testimony differed from that of Jason Kerrigan, a University of Virginia scientist who testified for the prosecution on Wednesday. Kerrigan testified that while he could not conclusively say that Young’s Jeep struck Farrell, the damage it sustained was consistent with the injuries suffered by the 49-year-old attorney.
Farrell, an avid jogger, was found lying on the side of Springlawn Avenue the morning of Jan. 28, 2008. He had a massive fracture to the back of his skull, broken ribs and injuries to his side.
Aronberg cast doubt on the prosecution’s theory that a dent on the Jeep’s hood was caused by Farrell’s head during the collision. Farrell was 5 feet 9 inches tall, Aronberg testified, which put his center of gravity at just below the center of the Jeep’s hood. That means the force of the impact would likely have thrown Farrell forward, not up and onto the hood of the Jeep, Aronberg told the jury.
Aronberg was the only witness called by the defense. Young, 31, who is charged with felony hit-and-run and involuntary manslaughter, did not testify.
The jury is expected to begin deliberations this afternoon.
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