Jim Leyritz Trial Update
In his opening statement, Leyritz's attorney told the jury that he would call a toxicology expert to testify that the blood test taken after the accident was not reliable, since – according to the defense -- the concussion Leyritz sustained in the accident could have affected the body's ability to process alcohol. The defense also promised to show that the victim, Ms. Veitch, was speeding, ran a red light, and may not have had her headlights turned on. The prosecution's accident reconstructionist already testified that Leyritz was not speeding at the time of the accident and concluded that Ms. Veitch's vehicle was traveling between 33 and 40 MPH (the speed limit is 35 MPH). Leyritz's expert, however, Kenneth Bynum, has Ms. Veitch traveling up to 51 MPH, leaving it for the jury to determine which expert is more credible.
The prosecution's reconstructionist further testified that his investigation did not turn up evidence of "hot shock," a term used to describe whether a car’s bulb, such as a headlight, was lit at the time of collision. Having dealt with this issue in some of my cases, I can tell you that the absence of hot shock alone is not enough to conclude that a light was not turned on and functioning properly. Although incandescent bulbs contain filaments which illuminate when they become energized – creating the hot shock phenomenon mentioned above -- most headlights use halogen bulbs that contain stronger filaments that require a greater force to distort. Thus, the absence of hot shock does not necessarily mean that Ms. Veitch's headlights were not activated at the time of the accident. Furthermore, if the bulb was located more than a few feet from the area of impact it is also unlikely to show evidence of hot shock.
And what of Leyritz’s blood alcohol level? Defense witness Dr. Mazyar Rouhani testified that he prescribed Leyritz medication to treat a concussion two days after the accident during which, Leyritz claimed, his head struck his car’s windsheild. Leyritz’s toxicology expert is expected to testify that a concussion causes the stomach to stop emptying into the intestines which would keep the alcohol with the heavy meal Leyritz had eaten earlier, rather than entering his system.
The defense is trying to create reasonable doubt, both as to whether Leyritz was intoxicated, and whether he caused or contributed to the collision. The defense must succeed on one of the two.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.