posted 07-27-2004 09:35 PM                       

quote:

---

Alaska trial focuses on whether dashboard movie distracted driver

The Associated Press
Updated: 4:41 p.m. ET July 27, 2004ANCHORAGE, Alaska - When a pickup truck crossed the double yellow line along Seward Highway and killed two occupants of a Jeep Grand Cherokee, police initially thought the accident was another tragic mistake by a momentarily distracted driver.

Then they spotted the dashboard DVD player.

In what may be the first trial of its kind in the nation, prosecutors have accused the pickup truck’s driver of second-degree murder for watching a movie instead of the road when he crashed head-on into the Jeep.

The pickup’s driver, Erwin J. Petterson Jr., denies using the DVD player as he drove north on Oct. 12, 2002, and contends he was only listening to music from a compact disc, said his attorney, Chuck Robinson.

“It’s an excessive charge for what happened here,” he said. “This was not a murder. Even the state medical examiner said during cross-examination that the manner of death for the people in the other car was accidental.”

Petterson, 29, is accused of killing Robert Weiser, 60, and his wife, Donna Weiser, 56, of Anchorage, while on a three-hour drive between Kenai and Anchorage. In his truck was the equivalent of a home entertainment system — a DVD player, speakers and a Sony PlayStation 2.

2 prosecution theories

While no Alaska law prohibits operating a DVD player in view of a driver, prosecutor June Stein said the facts warranted charging Petterson under one of two theories: that he knew his conduct was substantially certain to cause death or that he knowingly engaged in conduct showing extreme indifference to human life.

Initial Alaska State Trooper reports said Petterson was at fault when he took his eyes off the road to reach for a soda. Stein, though, will try to prove that the DVD player was on, apparently playing the movie “Road Trip.”

“We know it was,” she said. “It was wired so that the screen was in the open position when the ignition key was turned out.”

The murder trial, which got under way last week in Kenai Superior Court, may be the first of its kind in the nation, said Matthew Swantson, director of communications for the Consumer Electronics Association, a trade association.

Installed as recommended, DVD players and TV screens are either visible only from the back seats or will not work unless the vehicle is in park. But owners can defeat the safety measures by installing the devices themselves, as Petterson did, according to prosecutors.

‘A tragic accident’

Robinson said he expects prosecutors to have trouble winning a second-degree murder conviction. “I think the prosecution is going to have a tough time proving the mental state of Mr. Petterson,” he said. “It’s a tragic accident that happens all the time on our highways.”

Liz Neblett, spokeswoman for the National Highway Traffic Safety Administration, said more than 25 percent of police-reported crashes are distraction-related, which covers everything from cell phone use to changing channels on a radio, screaming at kids, eating, applying makeup or reading a newspaper.

Vehicles can be equipped with fax machines, cell phones and two-way radios. But none should be used if they interrupt the concentration of drivers, she said. “It’s a no-brainer. If it’s distracting, don’t do it,” Neblett said.

After the crash, Petterson and his passenger, roommate Jonathan Douglas, were transported to an Anchorage hospital. Within hours, Douglas called his ex-wife and told her he was not sure how the collision occurred because he was “spacing out on a movie they were watching,” according to prosecutors. The woman is scheduled to testify.

For victims’ son, it's the same as DUI

David Weiser, 34, the son of the slain couple, said only two people know what happened in the cab of the truck. But equipping a truck with entertainment options that can be used while driving goes beyond a momentary distraction of putting on makeup or using a cell phone, he said.

“This takes forethought, this takes methodical steps,” David Weiser said. “You have to go to the store, plop over money, install it, and install it so it can be used without a brake employed.

“I view it as no different than walking into a bar, having five beers within an hour and getting behind the wheel,” said Weiser, who quit an eight-year career as a loan originator in Boston to attend the trial.

Driving laws have not kept up with technological changes, Weiser said. He plans to work toward changing that after Petterson’s trial is over.

“I would like for the jury to sit and hear the evidence, and if the evidence shows what I believe to be true, that his conviction reflect that,” he said.

© 2004 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

---

posted 07-29-2004 07:43 PM                       

quote:

---

Reluctant witness faces jail in DVD murder trial

By PHIL HERMANEK





Peninsula Clarion
KENAI--Although a mistrial was not declared Wednesday in the Erwin J. "Jamie" Petterson Jr. murder trial, the presiding judge did order a key witness to jail for refusing to testify.

"I'm going to order Mr. (Jonathan) Douglas incarcerated, but I am going to stay my order until 1:30 p.m. Friday, July 30," said Kenai Superior Court Judge Charles Cranston.

On Tuesday, assistant district attorney June Stein characterized Douglas' refusal in mid-trial as a strategic move by Petterson's defense to "sabotage the state's case," and requested the mistrial.

Defense attorney Chuck Robinson denied the charge.

Douglas has until Friday to decide to testify or go to jail for being in contempt of court.

He was a passenger in a Ford pickup truck driven by Petterson, 29, on Oct. 12, 2002, when the vehicle crossed the centerline of the Seward Highway and collided head-on with a Jeep Cherokee, killing an Anchorage couple, Robert Weiser, 60, and Donna Weiser, 56.

According to an Alaska State Trooper report, Petterson and Douglas were watching an in-dash DVD movie and Petterson's northbound Ford crossed into the southbound lane, hitting the Jeep.

The Jeep burst into flames, and passers-by were able to pull Donna Weiser's body from the wreck, but not Robert Weiser's. Both died at the scene.

Petterson and Douglas were injured. Their injuries were not life-threatening.

Petterson is on trial, charged with four counts of second-degree murder. State law allows for two separate charges for each victim.

In opening arguments, Stein told jurors that Douglas called his ex-wife from an Anchorage hospital and told her, "We were zoned out. We were watching a DVD."

Douglas claims he never said anything of the sort and told an investigating grand jury he and Petterson were listening to a music disc, not watching a movie.

According to Robinson, a trooper interviewing Douglas threatened him with 12 years in prison for charges of perjury, hindering the prosecution and evidence tampering. Now he has decided to not testify during the Petterson trial to avoid self-incrimination.

When ordered to the witness stand by Cranston on Wednesday morning, Douglas said, "I respectfully reserve the right to refuse to testify," claiming protection under the Fifth Amendment.

"You understand I may incarcerate you?" Cranston asked.

"Yes," Douglas replied.

Cranston then scheduled a contempt hearing for the afternoon and as Douglas exited the courtroom, he told his fiance, Amber Oliva, "I just don't want the kids to see me behind bars."

The self-employed carpenter has a 7-year-old son and a 6-year-old daughter.

At the contempt hearing, Cranston said, "The failure of the witness to testify impedes the orderly and timely proceedings of the criminal trial." He also said it was not the intent of the court to put Douglas in jail, but to get the issue resolved.

"I want to keep everybody's feet to the fire," Cranston said. He then ordered incarceration, adding that if Douglas gets a stay from the Alaska Court of Appeals, his order would be overridden.

Also, if the state were to grant Douglas immunity from prosecution in exchange for his testimony, incarceration would not be necessary.

Douglas has until Friday to make his decision.

---

posted 08-10-2004 04:28 PM                       

quote:

---

Distracted Driver Acquitted in Fatal Collision
Tuesday, August 10, 2004

KENAI, Alaska — A man accused of causing a fatal collision by watching a DVD movie while driving was acquitted Tuesday of two counts of second-degree murder and two counts of manslaughter by a Kenai Superior Court jury.

Erwin "Jamie" Petterson Jr. (search), 29, of Kenai was charged in the deaths of Robert Weiser, 60, and Donna Weiser, 56, of Anchorage on Oct. 12, 2002.

Prosecutors contended that Petterson and a passenger were watching an in-dash DVD movie when Petterson's northbound Ford F-150 crossed the centerline, hitting the Weisers' Jeep Grand Cherokee head-on on the Seward Highway.

Petterson testified that he was not watching a movie but instead was listening to music. He said his truck strayed into the other lane when he looked over to get a soda.

---

posted 08-16-2004 01:28 AM                       

quote:

---

Jurors in DVD traffic fatal discarded prosecution theory early

ANCHORAGE (AP) -- Jurors considering murder charges against a Kenai man decided almost immediately after they got the case that he was not watching a DVD movie in his truck when he got in a fatal wreck.

Erwin "Jamie" Petterson Jr., 29, was acquitted of all charges in the Oct. 12, 2002, deaths of Robert Weiser, 60, and Donna Weiser, 56, of Anchorage. A pickup driven by Petterson collided with a car driven by Robert Weiser.

Jurors told the Anchorage Daily News they did not believe Petterson was watching a movie in a DVD player that could be operated as the truck drove down the highway.

"We threw the DVD thing out right away," jury foreman Terri Nettles said.

Nettles and two other jurors said that a 911 call the defense played in court had a key role in their decision to acquit Petterson.

The motorist who made the 911 call did not see the Seward Highway collision. However, he testified he was close enough to hear it and he told dispatchers that the Weisers' Jeep was driving erratically before the crash.

According to Petterson's attorney, Chuck Robinson, and testimony at the trial, the 911 call was not played for the grand jury that indicted Petterson on murder charges in May 2003.

"There were jurors that were very adamant, saying 'Why in the world is this even here (in criminal court)?'" Nettles said. "It just seemed that from the testimony, there was no way to prove beyond a reasonable doubt."

"I don't think the case should have ever come as far as it did," said juror Pat Reese. "What we considered key witnesses were never heard at the grand jury level."

Prosecutor June Stein declined to discuss details before the grand jury except to note that she has a duty to present evidence that directly negates guilt.

"There was none of that in this case," she said.

Petterson's trial lasted three weeks and attracted media attention for being the first case in the country where a DVD was implicated in a fatal wreck that resulted in the driver being charged with murder.

Nettles said both the state and the defense presented experts who testified that there was no way technically to know what was playing in the entertainment system - a DVD movie or music from a compact disc.

"We felt there's no way to prove this; that takes care of that," Nettles said.

The defense said during the trial that had state investigators consulted an expert before removing the DVD/CD player from Petterson's truck or ejecting the discs from the system, they might have been able to show which was playing at the time of the accident. That too played a role in jurors' deliberations.

"The handling of the evidence surrounding the DVD/CD player was not as professional as it could have been," juror David Coombes said.

The ex-wife of Petterson's passenger and best friend, Jon Douglas, testified that Douglas called her after the crash and said he had been "zoned out" on a DVD at the time of the crash. The defense called in witnesses who were with Douglas and they testified that he never said that, Reese said.

"There wasn't any proof that they were watching it," Reese said. The DVD player, she said, "became a non-issue."

---