OK - now in bench trial of Daniel Hyden charged with murder for driving while intoxicated, crashing into people on 4th of July in Corlears Hook Park, in lower Manhattan, killing 4 people, and injuring seven others. Inner City Press will live tweet, thread below
ADA: Do you see the driver here in the courtroom? Witness: Yes. But I don't want to look at him (sobs) ADA: Just one, for the record. What is he wearing? Witness: Blue suit. Judge Newbauer: Identifying the defendant.
ADA: What did you see under the truck? Witness: My friend. Twitching. ADA: Just one foot twitching? Witness: I want to say her left foot. ADA: And Herman? Witness: He was face up, under the wheel on the passenger's side
Witness: The wheels were still turning... They never stopped. Someone tried to take the keys out of the car [Man here in courtroom gallery raises and waves his hand, like, That was me. He is told to stop by one of the many Court Security Officers here]
ADA: What next? Witness: People screaming, trying to move the bodies. Then I can't remember ADA: The ambulances? Witness: They came. They were going to Bellevue. Emily and Anna. Herman was taken to Presbyterian. They said they had two woman victims
Witness: I saw a body bag (crying) ADA: Next? Witness: His head was wrapped up. He was not in a body bag. ADA: And his friend? Witness: He is not the same. His best friend is gone. And he has pain. [Defendant at table taking notes] ADA: You're suing the City? Yes
Cross examination. Defense counsel: Ms. Santos, you were next to the batting practice area, correct? Santos: Yes. I saw him trying to put the truck into reverse. Defense: How did you know it wasn't into neutral? Santos: I seemed to me he wanted to reverse
Defense: Nothing further. Judge Newbauer: Before we break for the day, let me rule, I will allow in evidence of absence of mistake. As to the writing that was allegedly made by the defendant, I will do more research
ADA: It's his memoir. He says, I did drive drunk, I did post a risk of danger to himself and others. I will bring in anyone I have to to authentic this. He is a substance abuse counselor. Justice Newbauer: Let me ask Defense- Defense: We are not claiming mistake
Justice Newbauer: Maybe I don't understand what the defense is, then, it's hard to find if it [the memoir] is relevant Defense counsel: Our defense is that he was reckless but not depraved
Defense: He had a Wisconsin drunk driving misdemeanor. One part of the book - is the prejudice outweighing the probative value? Justice Newbauer: Now I hear they will seek to authenticate this self-help memoir Defense: He crashed into a tree, nothing criminal
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