Thurs 4 Nov

The trial for the (man) who killed my brother Jeff, started yesterday. What has been shown so far was the fact that Jeffrey had a blood alchohol level of .02 (twice the legal limit) Jeffrey had been at the bar, Tommy's Place since about 1pm last Sept.20th and stayed until aprox. 1:00am. He was planning on walking to my Aunt's house and staying there for the night which is about 8 blocks away on the same side of the street as the bar. He had even walked TO the bar in anticipation that he would be drinking, therefore, not driving. Donald Smith (the defendant) made a different choice however. They will show evidence that he lied to the Colonie Police as to his whereabouts that night, that he had been to a bar in Cohoes from aprox. 4pm until about 12:30 am. He then chose to drive his Ford F250 to Albany Shaker Rd. (although the man lives in Cohoes) which is where the accident occurred. So far, four witnesses have been called. The first, our Cousin, who had spent some time with Jeffrey at Tommy's Place. He was asked about the dangers of walking down that particular road and the fact that they knew that it was dangerous. His answer was "of course, just like when you walk down the side of any road". He also told them what Jeffrey was wearing, which was a tie-died T-Shirt, black Jeans, black sneakers, and a Giants baseball cap (blue and red). Next, the bartender from Tommy's Place was called as a witness. He was asked of the demeanor of Jeffrey and how much he drank and what he was drinking. He answered 8 or 9 beers and that he acted "normal" The bartender was also asked if he had offered to call a taxi for Jeffrey because he was concerned for his safety. Answer: "No, it was because I knew he didn't have his car". The third witness, the jogger that had found Jeffrey. I won't get into the details because it's kind of tough for me, but basically she told her story of how she came upon Jeff, and what she did next. She was also asked of the traffic conditions of the road where the accident had happened at that time of the day ( 8:30 am - rush hour). She was shown photos of the area and asked if they depict an accurate picture of the scene when she found Jeffrey. Her answer was no. The pictures were very shadowed. The last witness was the investigating officer, Inspector Owen Burns. He was also the Officer who took Mr. Smith's initial statement about 20 hours after the accident, when Mr. Smith called the Colonie Police and told them he had thought he was involved. There had been a press release asking for information of the accident and a Green Ford F250 which he had seen on the 11 o'clock news. Insp. Burns testified on his massive training, how they recreate an accident scene, and what they do with evidence when it is found. Insp. Burns testified that there were no skid marks indicating that Mr. Smith had tried to avoid anything at all, and also showed that Jeffrey had been struck while he was well off the side of the road and in a grassy area beyond the shoulder of the road, some 5 or 6 feet. Insp. Burns told of how he first came into contact with Mr. Smith, that he had called the police dept. and that he had taken his statement. While he was taking his statement, another officer had been taking Mr. Smith's live-in girlfriend's statement. Mr. Smith had told Insp. Burns that he had dropped off his girlfriend at a bar in Cohoes that night, then went up to his camp in the Adirondacks to clean up a little and make sure things were all locked up, hung out for a little while, then drove home. On his way home he pulled over to check his muffler because he thought he had heard unusual noises. Seeing that there was nothing wrong continued on the highway, but realised he had missed his exit and ultimately ended up on Albany Shaker Road. Driving down that road he heard a loud thump, pulled over aprox. 60 feet (or yards i cant remember) down the road, looked out his back window and didnt see anything so continued home. He assumed he had hit a deer and it had run off into the wooded area. Mr. Smith got home, didnt see that his girlfriend was home yet, and went to sleep.Failing to make a report of any kind of accident. When his alarm went off at 5 am he had seen his girlfriend lying next to him in bed. He didn't hear anything more about the accident until 11pm that night when he watched the 11 o'clock news. Mr. Smith's girlfriend's statement did not co-incide with his own. As a matter of fact she was NOT there in the morning when he awoke. Insp. Burns, upon learning that the stories didn't match, asked Mr. Smith why he had lied. He answered that his girlfriend had mental problems, and that she was at a hospital and he was embarrassed for her so he lied. Mr. Smith stated that there were no more unthruths about his statement. The trial is expected to continue into the early part of next week.

Fri 5 Nov

The trial was adjourned early yesterday, so not too much was covered. Basically, The Defendant's lawyer tried to prove that Mr. Smith's vehicle DID NOT go off the pavement, and that there was no proof that it did. With the ex-ception of two pieces of evidence, Insp. Burns' testimony proves that his vehicle definately DID go off the pavement and struck our brother. The Deputy that took Donald Smith's phone call that night around 11pm was called to the stand next. He testified that Mr. Smith appeared very calm and collected. He further testified that he dealt with many calls of this type and he has come across many people which have reacted alot more nervous than Mr. Smith. The DA played the tape for the jury, and I'm sure they will all agree, as do I, that his story was rehearsed. The only other things that were shown yesterday, was the fact that Jeffrey was struck by the truck on his left, rear side of his body, and that the truck had damage to the right, front side and hood areas. More pieces of the truck were introduced as evidence, and the jury was told what was done with them when removed from the truck and where they went after that. The trial continues today at 10 am.

Mon 8 Nov

The Prosecution (us) finished up today. The DA called the neighbor from the Adirondack camp that Donald was supposedly at that night. He testified that he was the only one there at the campground that particular night. He is an older gentleman and has a routine that he follows on Sunday's, so he knows he was there from 6:15 pm on. The DA called the doctor who performed the Autopsy on Jeffrey. I don't really want to get into the details but the extent of the damages to Jeffrey were shown to the jury. She stated that it was her opinion that Jeffrey's death was caused by the large contusion on Jeffreys head (trauma to the brain). His skull was cracked and (forgive me) part of his brain was actually exposed. She also testified that by the markings and the bruises on Jeffrey's body, it was a classic case of a pedestrian being struck by a car, and further, after her inspection of Donald Smith's truck, it was her conclusion that it was his truck that had struck Jeffrey. A woman from the bar in Cohoes that Donald Smith had denied being at testified next. She had gone to the bar, because there was a bridal shower being held there for a mutual friend of her's and Lynn Smith's (Donald Smith's girlfriend - previously Donald Smith's sister-in-law) She told the jury she saw Donald there that evening, drinking until about 9:30 pm when she took a taxi and Lynn Smith to Samaritan Hospital in Troy. Donald stayed at the bar and left alone later that night.She was asked of the demeanor of Mr. Smith. Her answer was that he was beligerent and obnoxious and based on her prior experience of the man, came to the conclusion that he was drunk. In fact that when he called her at 6 am to find out where his girlfriend was, his demeanor was the same and she concluded again that he was drunk. The defendants lawyer tried to disclaim these accusations by showing Mr. Smith's demeanor was that of anger not drunkeness. The barmaid was called next. She spoke of the drinks Donald had consumed, including Molson Ice ( which a few cans were found with my brother's body) and "snakebites". The barmaid stated that she hadnt known how to make a snakebite so Mr. Smith told her how, which included a double shot in each drink. She said he had two of those then some more beers after that, unsure of how many. Mr. Smith's lawyer tried to prove that the barmaid had no idea if those drinks were for himself or for others in the bar. Her answer was "he drank them". Next she testified that the next day she recieved a call from Mr. Smith. He told her that the police might be asking questions and that "she didnt see anything. I was never there. I just dropped off Lynn and left. You dont know anything" When trial resumes, the defense will start calling witnesses. He only has two, with the exception of Mr. Smith and he is not sure if he will put him on the stand. By the way, after the prosecution rested, Mr. Smith's attorney asked the judge for dismissal of all four charges claiming that there is absolutely no proof that Mr. Smith's Truck ever left the road, that there was no recklessness shown at all on Mr. Smith's part, and that we (prosecution) can't even prove that Mr. Smith was drunk. Judge denied dismissal of all four counts.

Tues 9 Nov

The jury only had to deliberate for three hours. Manslaughter in the 2nd degree... GUILTY. Vehicular Manslaughter in the 2nd degree... GUILTY. Criminally Negligent Homicide was omitted because it was a lesser charge to the first two counts. Leaving the scene of a fatal accident... GUILTY.