Tragic Alaska DUI case set for trial
This is the tragic case of a young woman who has ruined many lives because of her use of alcohol. While not even old enough to legally drink, she had already amassed a history of underage alcohol violations before she got behind the wheel of a vehicle and killed a child.
newsminer.com • Trial set for Fairbanks driver accused of running over boy while driving drunk: "Jessica Paul, 21, faces charges of manslaughter, first-degree assault, driving under the influence of alcohol, minor operating a vehicle after consuming and habitual minor consuming alcohol.
If convicted on all charges, she could spend decades in jail.
Paul attended a brief trial date setting conference Tuesday afternoon with her attorney, public defender Jennifer Hite, though Paul did not speak during the brief hearing.
Superior Court Judge Paul Lyle set the trial to begin May 19. Paul previously was set to go to trial in January and April, but those dates were postponed as attorneys file motions and gather evidence. The trial is expected to last nearly two weeks.
Authorities say Paul struck and killed 4-year-old Phillip Lara in August as Lara rode a Big Wheel tricycle just two doors down from his Slater Drive home."
Not many people can muster sympathy for somebody who kills a child, especially when the death is as senseless as in this case.
Everybody can picture an innocent 4 year old boy riding a big-wheel in the neighborhood.
The fact is though that a vast majority of young adults in their late teens and early twenties who get DUIs have a history of drinking, and a good percentage of them have a history of prior minor alcohol violations.
The girl in this story, sitting in jail with a $100,000 bail and facing decades in prison could be any kid who gets behind the wheel after drinking. She is no more evil than thousands of other young people across the nation who have done the same thing, except for one major difference. Most were lucky enough not to have killed themselves or another person.
So here, Ms. Paul, when she faces an Alaska jury in May, will probably pay the price both for her actions and because she is an example of why underaged people are not legally allowed to drink alcohol, and why Alaska DUI law, and drunk driving laws across the nation, are so punitive and strict.
Destroyed video of field sobriety tests
The Alaska Court of Appeals has ruled that the “loss or destruction of evidence” instruction regarding a destroyed video of the FSTs and breath test still left the jury enough to find guilt beyond a reasonable doubt.
The Cite: Bradley v Alaska, Alaska Court of Appeals No. A-9877, Issued November 28, 2008
Quote from the opinion:
Bradley claims that based on the "loss or destruction of evidence" jury instruction, there was insufficient evidence supporting the DUI verdict. That is, he contends that had the members of the jury followed this instruction and presumed that the lost or destroyed evidence was favorable to Bradley, they could not have found him guilty of driving while under the influence. But in this case, the jury could disregard the evidence surrounding the field sobriety tests and the DataMaster processing and still convict Bradley of driving while under the influence.
My Comments: A curative jury instruction, by its nature, gives the jury a chance to consider whatever the issue is. This ruling makes sense.
