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Evidence of marijuana use not allowed in vehicular manslaughter trial
The judge in the vehicular manslaughter trial for Sandra Arlia refused to allow the defendant to present any evidence that Rory Tomasello was under the influence of marijuana at the time of the traffic accident that killed him.
In a hearing that was closed to the jury Wednesday, Santa Clara County Superior Court Judge Joanne McCracken said the evidence currently on file in the case is not persuasive enough to show that Tomasello, who was riding a bicycle when he collided with Arlia's Cadillac SRX, was under the influence of marijuana when the Oct. 23, 2009 accident happened.
Prosecutors in the case asked the court to exclude evidence indicating Tomasello, 22 of Morgan Hill, might have smoked marijuana before the collision, and that he had been listening to music on headphones when the impact occurred. Arlia's defense attorney asked to keep the evidence in the trial because it could show that the distraction and intoxication contributed to the accident.
McCracken also declined to allow evidence that Tomasello was listening to his headphones for the same reason - that it wasn't compelling enough.
The judge said on both questions she was looking for "evidence of habit," because there were no witnesses that could say confidently that Tomasello was under the influence or listening to his mp3 player the moment he collided with the vehicle while riding his bicycle across West Edmundson Avenue.
Furthermore, the vague evidence that exists could "have a substantial prejudicial effect" on the jury if presented to the panel, McCracken said.
On the way to the hospital via ambulance after the accident, Tomasello reportedly told paramedics he smoked marijuana "prior to the accident," and the judge said that doesn't establish a specific timeframe during which he could still have been under the influence when he crashed.
Plus, he contradicted himself when he told police he had not smoked marijuana that day.
Chemicals found in marijuana were found in Tomasello's body in a post-mortem autopsy and toxicology report. McCracken said this also doesn't prove he was high during the accident, because those chemicals can stay in someone's body for weeks.
His father, Tom Tomasello, testified Wednesday that he knew his son "occasionally" smoked marijuana because they had talked about it. However, his son also told him that he only used the drug in the evenings, and he didn't go out when he was under the influence.
McCracken said these statements show it would not have been Rory Tomasello's habit to have been high on marijuana while riding his bicycle at 5 p.m., the time he and Arlia's vehicle collided.
And while Tomasello's Sony mp3 player was found at the scene of the accident, the judge said no evidence shows that it was attached to any headphones, or even that any headphones were found with the device. Without headphones, he was unable to listen to music and therefore the music player would not be a distraction, McCracken explained.
Tom Tomasello testified that his son had a habit of listening to music on his headphones while riding the bicycle, but he saw him with the headphones on about half the time he saw him on a bike.
The judge found that this evidence and these statements, too, do not support the theory that Tomasello was distracted while riding his bicycle across the street for the last time.
Tomasello died Nov. 2, 2009, due to "cerebral cranial injuries and blood trauma to the head" suffered in the accident, Santa Clara County Deputy District Attorney Paula Estanislao said in her opening arguments Tuesday.
Arlia, 67 of Morgan Hill, is on trial for vehicular manslaughter without gross negligence, as police and prosecutors say she was primarily responsible for causing Tomasello's death in the accident.
When the accident happened about 5 p.m. Oct. 23, 2009, Tomasello was riding his bicycle northbound through a crosswalk that connects two sections of a pedestrian and bike path just east of the Centennial Recreation Center on West Edmundson Avenue.
After safely crossing the two eastbound lanes on his bicycle, Tomasello stopped in the center median to wait for westbound traffic to stop or open up, according to police reports and testimony Tuesday. He crossed after a motorist in the southernmost westbound lane stopped for him, but collided with Arlia's SUV, traveling in the outside of the two westbound lanes.
Tomasello was "launched into the air" and landed on the pavement several feet away from the impact, Estanislao said. He was transported to San Jose Regional Hospital via ambulance, and his condition gradually worsened on the way.
In opening statements Tuesday, the state emphasized that Arlia did not intend to hurt anyone but made a "tragic error" when the collision happened.
"Rory Tomasello died because the defendant wasn't careful enough," Estanislao said at the beginning of the jury trial. Arlia failed to "exercise a standard of care" that licensed motorists accept when they get behind the steering wheel, Estanislao continued.
Arlia's attorney countered in his opening statement that the evidence will show that Arlia was driving carefully as she approached the crosswalk in her Cadillac sport-utility vehicle. She was driving slower than the speed limit of 35 mph at the time of the collision with Tomasello, and reacted "faster than the average reaction time" when she approached the bicyclist, attorney Jaime Leanos said.
"She never saw him. The evidence will show that Ms. Arlia drove in a reasonably safe manner," Leanos said.
An accident reconstruction specialist, San Jose police officer Kevin Cassidy, testified Wednesday that Arlia was likely traveling about 25 mph at the time of her impact with Tomasello.
Cassidy's testimony will continue Wednesday afternoon, and updates will be posted when available.
If convicted, Arlia faces up to one year in Santa Clara County jail.
| Michael Moore Michael Moore covers Morgan Hill county and law enforcement issues. Reach him at (408) 779-4106, ext. 202, or mmoore@morganhilltimes.com. |
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