Long Trial- Day 1: Testimony Begins In Intoxicated Manslaughter Trial - KCBD NewsChannel 11 Lubbock

4/12/05

Long Trial- Day 1: Testimony Begins In Intoxicated Manslaughter Trial

The courtroom battle began Tuesday for Callie Long, a Lubbock woman accused of hitting a bicyclist while drunk, and then fleeing the scene. Brett Walrath suffered critical injuries in the August 2003 crash. He died five months later, leaving behind a wife and two young children.

Proving Callie Long was intoxicated may be a challenge as the prosecution learned Tuesday that they may not be able to show a videotape in court. It's a tape they consider a vital piece of evidence. Right before the prosecution began to roll the tape, the judge began to question its legitimacy, because the information shown on it came after Callie Long asked for an attorney to be present. According to the law, no information is supposed to be used in a court after the accused asks for an attorney.

The prosecution has to prove that Long intentionally, knowingly, and recklessly caused damage to Brett Walrath. The prosecution also has to do all that beyond a reasonable doubt. Lakeisha Walrath was in court Tuesday, but did not sit in on the trial as she herself will have to take the stand.

The major points both sides presented dealt with bike safety and the proximity of Walrath to the road. Prosecution argues Walrath was on the shoulder while the defense says Walrath was in the right hand lane of the street. With bike safety, prosecutors are trying to prove that Walrath and his friend Antwan, the man riding with him, were wearing reflective gear and had reflective gear on their bikes. The defense says the two were not wearing helmets, they were riding in poor lighting, and they did not have on proper reflective gear.

The trial resumes Wednesday morning at 9 a.m. The judge will also decide if the jury will get to see the tape in question.

1/27/04
Lubbock Bicyclist Hit Twice Last Summer Dies
Lubbock man dies five months after hit and run accident.
8/28/03
Hit and Run Accident Leaves One in Critical Condition
A Lubbock man is fighting for his life after being hit by an alleged drunk driver and then run over by a second car.

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