Boating Accident/Death off Diamond Island

[ApS]

Originally Posted by PennyPenny

"...I would plead guilty..."

Fifty years ago, guilty pleas were not unusual. Today, the system will take all your money first and drag the case through the courts until the jury is left with little to base their decision upon.

Picking a jury is scheduled for later this month. In most jurisdictions, such dates for picking a jury are "throw-away dates".

Originally Posted by PennyPenny

"...if I were the defendant at this point I would save myself and my family the cost of a lawyer..."

The "cost of a lawyer" could be a year or two longer in the slammer. (Or acquittal altogether on a technicality).

Originally Posted by secondcurve

"...Doesn't running straight into an island at high rate of speed provide enough probable cause to conduct a blood test to check for intoxication and allow the evidence to be entered into the case...?"

'Looks like the judge saw it your way and cited "exigencies":

Thursday, April 30, 2009
"...Blood evidence taken from the operator of a boat involved in a fatal accident on Lake Winnipesaukee last summer can be used against her, a judge has ruled...on Monday Superior Court Judge Kathleen McGuire ruled that Marine Patrol had probable cause to believe that Blizzard was intoxicated and, as a result, blood samples were lawfully taken from the suspect.

"McGuire ruled evidence that Blizzard drove a boat headlong into an island at an unreasonable rate of speed given the weather conditions provided the probable cause Marine Patrol needed to believe the defendant had been drinking alcohol and that evidence of intoxication would be found in the defendant's blood..."
http://www.citizen.com/apps/pbcs.dll...867/-1/CITNEWS

ETA:
To save some time, ALL subsequent April links are to the same article as the above.

More from the above account:

"...Photographs of the controls of the boat taken by Marine Patrol the night of the crash show the steering wheel in a straight-ahead position.

"The shift lever for one of the engines was in full position while the shifter for the second engine was in reserve [reverse] at almost full throttle.

"All of the gauges were normal and at least one of the engines had broken its mount..."