Posted on 06/29/2006 2:40:55 PM PDT by Diana in Wisconsin
Assistant District Attorney John Norsetter said today he has not decided whether to retry a traffic homicide case that ended Wednesday night with a hung jury after 12 hours of deliberations.
"I don't know," Norsetter said this morning when asked whether he will bring the case against Tracy Sorum, 30, of McFarland, back for a new trial. "We have to look at how the evidence came in in this trial and reflect on the likelihood there would be a significant positive change for the prosecution if we tried it again."
Sorum was driving down Hope Road near his hometown of Cottage Grove on June 30, 2005, when his car struck and killed Jessica Bullen, 29, who was on a bicycle. Sorum told jurors he was suffering from strep throat and felt he had something lodged in his throat. He testified that he took his eyes off the road, opened his mouth and looked into the rear-view mirror to see what the problem was.
Before he looked back to the road, he struck the rear of Bullen's bicycle. Although she was wearing a helmet, Bullen suffered a severe head injury and died July 3.
In closing arguments to jurors on Wednesday and in an interview today, defense attorney Stephen Eisenberg said: "This was just an accident." Neither Norsetter nor Eisenberg was surprised at the outcome and Eisenberg said, "I just hope they don't try it again."
At issue for jurors was whether Sorum's taking his eyes off the road for a few seconds - estimates ranged from 4 to 12 - constituted the type of substantial negligence that would justify a conviction for homicide by negligent use of a motor vehicle.
There were early hints that the case was going to be a difficult one for jurors. Around 3 p.m. Wednesday, after about four hours of deliberations, the jurors sent a note to Judge Patrick Fiedler saying the jury was split 6-6.
Fiedler responded by bringing jurors into court and reading what is called the "Allen Instruction," in which the judge exhorts jurors to reach a decision in the case.
Jurors went back to deliberate and later sent out several notes, asking to see Bullen's damaged bicycle, for a clarification of some definitions and for 12 copies of the jury instruction defining homicide by negligent operation so each juror would have one during deliberations.
At about 10:30 p.m., Fiedler brought jurors back into court and told them they had three options: breaking for the night; continuing deliberations; or declaring an impasses. He sent them back to the jury room to decide which option they would choose, and 10 minutes later they said they were hopelessly deadlocked.
One source said the breakdown at that time was 10 votes for acquittal and two for conviction.
There was little dispute at trial over the facts of the case and it was left to jurors to decide whether Sorum's actions "created a risk of death or great bodily harm," which was "unreasonable and substantial," and that he should have been aware that his actions were creating such a risk.
Norsetter said Bullen's family was disappointed in the outcome, while Eisenberg said Sorum "just wanted it over."
"He has to live with the fact he killed this woman," Eisenberg said of his client. "He wanted it over, but he understands that this is better than a conviction. I still don't think you'll find 12 people in Dane County who will convict on this one."
Every accident is a crime in our corrupt court system.
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I pray that some moron will not take his eyes off the road for 12 seconds when Diane and her children are on the road.
I think it is about justice. Yes accidents happen, but you are legally and morally responsible to maintina total control of your vehicle at all times while driving. Looking in your mirror while driving to see if you have strep (like you could actually tell) is dumb. The techincal term for this is negligent homicide, somebody died because he wasn't paying attention, that's a bad thing.
How about pulling to the side of the road? This idiot belongs in jail.
Bicycles don't belong on highways.
A couple of years ago I stopped at an intersection and found myself staring at the ass of an attractive woman who was walking by. I started to go through the intersection, still glancing at her (to the left), and almost ran into two pedestrians who had just started to cross the street from the right. They were pissed; I don't blame them. And if I'd hit them, it would have been my negligence. The fact that most men have ogled a woman while driving doesn't change that.
Well then you may want to petition your state legislature to make such a law. But for now, bicyclists have the same right to the road as motor vehicles.
At 30MPH, in 4 seconds you would travel 7 bicycle lengths, by 12 you have knocked down an additional 21.
Based on a lot of the responses in this thread, I appear to be the only human with peripheral vision.
Bow before me, puny tunnel-visioned humans!!
And, the same responsibilities; one being giving way to oncoming or overtaking traffic.
They don't and are prohibited at least in CA but there's nothing about highways in the story.
Bicycles are prohibited on freeways, or highways? I think they are prohibited on freeways everywhere, but normally are allowed on highways.
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