WITH KID GLOVES

Correction from yesterdays post: the defense atty is Deke Fells, not Caudill, who is representing C. Atkinson.
Yesterday I noticed a middle-aged african-american in the upper row of the jury who nodded continually while Officer Wood testified. Today I stood behind her in the line to get inside, which snaked out the door. Whenever she entered the courtroom today, she always had a big smile on her face, as if someone told her a good joke in the corridor coming into the room. I guess she is very pleased to be on hand. There were, eventually, more spectators in the court today, not surprising considering there was a front page pic in the paper this morning (Tyler standing at the curb at the scene of this carnage) AND an article with pic on the upper half of the front page of the Local Section. When I entered, Officer Jess Wood was still present and eventually, more spectators appeared to populate the courtroom.

The group around me was like before except the short-spiked-hair lady was missing, as was the scruffy-bearded guy who sat next to me yesterday. The well-draped lady in the cape was back, I think she is C Furr's sister. I caught her glancing in my direction a few times, I am sure she is wondering who I am, sitting behing her row and taking notes. Most of the victims' family members don't mingle with anyone beyond the group that they came with and sit with. I found this odd. One would think they share a common and tragic bond.

There was, before the jury came in, some sort of compromise to allow the jury to view the Med Examiner photos of the 3 victims. The defense's motion to dismiss due to lack of malice was dismissed. The defendant, hereafter referred to as T, was asked to stand. The judge wanted to brief him on the right to testify and the fact that this would include cross examination. T agreed and stated that he would testify. Doing so, it was explained by the judge, allowed the state to have the final argument in front of the jury (in other words, they would have two such attempts).

For the defense, Rhonda Cantelmo, the office mgr at Pleasant Hills Pres Church, testified that Cynthia Furr was the choir director and she verified the church calendar posting an event that Furr would be involved in. No further questions! Then the Pastor, Robert Jack, who has held that position 26 years, testified that Furr was to sing and direct that evening. Again, that was the extent of his testimony. Harry Saldaggio, who lives on the corner where the crash occured, heard the crash while planting flowers and went inside to have his wife call 911. He agreed, on redirect, that one "had to be careful when heading north" towards Charlotte out of River Pointe, because of the hill crest that is above that intersection. Upon recross, he stated one would not be blocking south-bound traffic to get into the middle merge-lane. (Except when one is driving across them to do so, I thought).

The defense then had the 911 call admitted and played. The sound of the emotional woman calling in and answering question after question about what was going on was difficult to so many in the courtroom, several had to flee the room in tears. Questions about babies and bodies and a group of 40 or so trying to help, and please get the Medics to hurry. The baby, McAllister Furr-Price was "limp". Many people in the gallery were hunched over and crying or nearly so.....the call tape went on and on for several minutes: How many people? How many vehicles? How many children? And so on.

Then TS took the stand, he gave his age (23) and stated he got the Eclipse in 6/08, his father co-signed for him. The vehicle was never "souped-up" to his knowledge. He was friends with Sonya (mother of Rex, his front-seat passenger in the wreck) and wss there that afternoon when she asked T to pick up Rex and Hunter from Carowinds, she was busy with something else. Rex testified a couple of days ago, he has an older brother, Chris, with cerebal palsy, T said that he was a "buddy" to Chris, who was around his own age. He proceeded to Carowinds and parked (apparently a pick-up zone) next to a black Camaro. He saw no one in that car. After picking up the 2 boys, he went down S Tryon (hwy 49) and again saw the Camaro. At Shopton Rd "it came up beside me". That driver revved the engine. He had no memory of coming to the crest of the hill (nearing River Pte) and he blacked out. He remembered the helicopter ride to the hospital and was told he had a broken femur........NO mention of racing whatsoever and I began to wonder if and when it would come.

During this testimony T's father sat on the bench with his arms crossed in front of him. Doesn't body language tell us that arms-crossed means I disbelieve what I am hearing? Next to him, a distinguished older gentleman with white hair, apparently a grandfather who came down from Ohio for this trial.
Questions:
Would the recording of the interview with police be "your best evidence"?
Yes.
This tape (first interview) was played. Speeds of 85 mph were admitted to. The Camaro contained (girl) friends of T's young passengers. Where, he wondered on the tape, was the Camaro at the time of the accident? I believe he stated he asked this of an officer at the scene. WHY was he concerned about the Camero if not racing, I wanted someone to ask him. No one ever did. The second taped interview was played.....speeds of "only" 70 to 80, "cruising" he called it. He denied blacking out on that one.

He stated that his license (Ohio)was suspended for lack of ins that lapsed 2-3 wks prior but he quickly remedied that. He had the license on him at the time of the crash.
Did anyone (in the cars) mention racing?
No.
Whatever happened happened at the spur of the moment?
Yes
Did you mean for this to happen?
No

Then it was time for the mid-morning break, I walked to the granite and brass spiral staircase down the hall to gaze at the view of downtown from there. A man was walking down and said to another man, approaching from behind, "Well, Mr Caudill!" as a greeting. Is this the Caudill who is listed as the attorney for the other defendant, Carlene Atkinson? I came back from break early----apparently people like their full breaks---and only a handfull of people in the room, including the defendant, who was emotional, and his bespeckled sister, who stood behing him rubbing his shoulders. No Deputies in site. What if someone decided to attack somebody in that room at that moment?

The cross examination was anti-climatic and that is putting it mildly. The DA did the whole thing as more of a conversation, at conversational tones, no raising of the voice or hostility. One would think they were on the same side. He (T) knew Rex's mother, Sonja, thru her boyfriend who worked contruction with Tyler. He hung out and befriended the boy with cere. palsy in the household. He visited most weekends there. The Camaro, that day, was rocking back and forth from revving the engine. He said "I started speeding when SHE did". He stated he did not recall police interviews and had no independent memory of the crash.
Did Cynthia Furr pull out in front of you?
I don't remember.
YOU drove the way your drove?
Yes
All on your own?
Yes
Never had a NC driver license (tho' you moved here in 2007 a year after your parents)?
No
You heard the testimony of J. Woods that there were no skidmarks. (This belies claims of hitting the brakes). Could you have merely assumed that you braked?
Yes
Is this Cynthia Furr's fault?
(hesitation), Its everybody's fault, mostly mine.

Never was any direct statement or even a question about "weren't the two of you racing even if you and the other driver did not agree to it?" Just vague talk of the black Camaro, beside me, behind me, or I don't know where it ended up.

That last statement was enough (of an admission) apparently, and the defendant was excused. Other witnesses----character witnesses all---included Sgt Dan Merwin, CMPD officer of 21 years. He first met the Staskos in 2005(?) at St John Union Catholic Church, where he said T was still an usher on Sunday evenings. All of these folks testified to the defendant's good, honest, and upright nature.
Cross exanination: Did you investigate this incident?
No
Is the CMPD professional?
Yes
Would the work of the CMPD "Major Crash Unit" be credible to you?
Yes
DId you ever ride with the defendant?
No but daughter did (thru the Youth Group at church).
In response to a question, "I have no idea how fast he was going" only what I read in the papers. He also agreed the papers were not always accurate and also, he would have no problem with his children (21 and 23) riding with T.

A Ms Sacraponte (sp) from the church was next. Same general praises were given.
Were you aware the defendant's license was suspended at time of this wreck?
No
Is this (level of) speeding something a good guy would do?
It is not a mistake he would make again.

Then an elderly neighbor, Linda Gleason. T used to mow my grass, walk my dog, play with the neighbor kids.
defense: You drove the Stasko parents to the hospital upon hearing of this crash. Did the police keep Mr Stasko from seeing his son (in intensive care)?
Objection---sustained.
Cross: you know none of the witnesses who told of the crash and carnage?
No
Would you allow your children/grandchildren to ride with T?
Probably not.

Next, Gabriel Palombaro (sp), who lived next to T. He was self-employed and hired Tyler in his construction business, "sheetrock, carpentry, painting, everything". T would also occasionall babysit. The same questions as above, and Yes, he has and would ride with T driving.

The last of these character witnesses was the closest to the incident: Sonja Komarinski(sp), the mother of Rex Thomas, the surviving child in T's car. T hung out and was buddies with her other son Chris, the one with c/b. Did she clear with Hunter's parents that T was the one picking the boys up at Carowinds?
No
It was brought out, on cross, that her son was interviewed by Police, in her presence, and he told them that they were racing. Did she recall that?
....apparently she did not (I found this not credible in the least).
But you wrote a letter to the defense atty in praise of T. Do you feel some responsibilty for sending Tyler to pick up the two boys?
Yes
Would you let your son ride in the car driven by this defendant?
(hesitation)....I believe I would.

The picture that was painted by this was a good young man who at age 20, made the biggest mistake of his life. Up to that point he was good almost to the point of unbelievability: a do-gooder working at church, attending to a young man with cerebal palsy---not his sibling and with nothing in common---- and walking little old ladies across the street and everything else in the world that most young men his age would NEVER do (but of course should). And was he so lacking in a social life, this good-looking tall lean young man----were there ever dates, girls, boys, beer parties with the guys, and so on? It was never something that would come out at a trial but I could not help but think about it.

So how, then, did that day turn out so awful for everyone involved? How good, really, was he? In no way could this question be answered to the satisfaction of those people in the gallery. Are some "good" people holding some terrible potentials inside, waiting for the right moment to explode? Surely I was not the only one in that room who would walk away with that big question mark in their head.

The Defense asked that the Medical Examiner reports on the 3 victims be admitted into evidence (why would such reports and pics benefit his client?) and then by the DA this quote from a state ordinance:"No person shall operate a motor vehicle in this state where the license was under suspension in another state" or words close to that. SO his license WAS suspended at the time of the accident, apparently. Why did this not come up in cross examination? The judge ruled it could be revealed to the jury once they returned to the room. It appears that the defense case has rested.

With that I left...it was noon or so. On the way out, in the tiny press room some folks were listening to the proceedings by earphones and others were reading or dictating copy to someone on the other end of their phone or phones. It was a tiny closet of a room with 4 people in it, too claustophobic for me.

It is my last day in the courtroom as a new work assigment/training class awaits me on Monday morning.