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[legal strategery] Meaning of driving without pants?

Discussion in 'BBS Hangout' started by B-Bob, Mar 3, 2004.

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  1. B-Bob

    B-Bob "94-year-old self-described dreamer"
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    Woman uses sex act as manslaughter defense

    Wednesday, March 3, 2004 Posted: 1:52 PM EST (1852 GMT)

    ------------------------------------------------------------------------

    MIDDLETOWN, Connecticut (AP) -- A woman charged with causing a fatal car crash in 1999 says that she couldn't have been behind the wheel because she was performing a sex act on the driver at the time.

    Heather Specyalski, 33, was charged with second-degree manslaughter in the crash that killed businessman Neil Esposito. Prosecutors allege that she was driving Esposito's Mercedes-Benz convertible when it veered off the road and hit several trees.

    But Specyalski claims that Esposito was driving, and she was performing oral sex on him at the time, said her attorney, Jeremiah Donovan. He noted that Esposito's pants were down when he was thrown from the car.

    Superior Court Judge Robert L. Holzberg ruled Tuesday that Specyalski can proceed with the defense, despite objections by the prosecutor.

    "A defendant has a right to offer a defense no matter how outlandish, silly or unbelievable one might think it will be," Holzberg said. He added: "No one ever told me in law school that we'd be having these kinds of conversations in open court."

    Assistant State's Attorney Maureen Platt said the defense is flawed.

    "His pants could have been down because he was mooning a car he was drag racing," Platt said. "His pants could have been down because he was urinating out of a window. His pants could have been down because he wasn't feeling well."

    Also Tuesday, Holzberg denied Donovan's motion to use gender as grounds to eliminate jurors. Donovan had argued that women would be biased and more likely to convict.
    ---------------

    Paging, Madmax... Would you use this defense? How would you attack it?
     
    #1 B-Bob, Mar 3, 2004
  2. giddyup

    giddyup Member

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    I'm sure the deceased's family will put up a stiff defense.
     
    #2 giddyup, Mar 3, 2004
  3. Austin70

    Austin70 Member

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    This will be hard case to decide.
     
    #3 Austin70, Mar 4, 2004
  4. Isabel

    Isabel Member

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    They'd better not blow it.
     
    #4 Isabel, Mar 4, 2004
  5. giddyup

    giddyup Member

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    Have you ever noticed how "manslaughter" and "man's laughter" are only separated by an apostrophe and a space
     
    #5 giddyup, Mar 4, 2004
  6. yipengzhao

    yipengzhao Member

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    haha...
     
    #6 yipengzhao, Mar 4, 2004
  7. Behad

    Behad Member

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    I hope the jury swallows her alibi.
     
    #7 Behad, Mar 4, 2004
  8. bamaslammer

    bamaslammer Member

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    I guess oral arguments will begin soon.:D
     
    #8 bamaslammer, Mar 4, 2004
  9. kpsta

    kpsta Member

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    Let's hope the verdict isn't delayed by a hung jury.
     
    #9 kpsta, Mar 4, 2004
  10. KingCheetah

    KingCheetah Atomic Playboy
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    Well, it looks like the defendent's case went right out the window. Her chances of winning this trial now are really a pipe dream.
     
    #10 KingCheetah, Mar 4, 2004
  11. Behad

    Behad Member

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    Do you mean her chances of winning have come and gone?
     
    #11 Behad, Mar 4, 2004
  12. PhiSlammaJamma

    PhiSlammaJamma Member

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    Her chances of winning are definately 'going down'.
     
    #12 PhiSlammaJamma, Mar 4, 2004
  13. boomboom

    boomboom I GOT '99 PROBLEMS

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    Maybe she put too much weight on the stick.
     
    #13 boomboom, Mar 4, 2004
  14. KingCheetah

    KingCheetah Atomic Playboy
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    As more evidence is made available it is clear the defendant hit a wet spot and slid into hard wood. The trial may be a long one with many ups and downs.
     
    #14 KingCheetah, Mar 4, 2004
  15. kpsta

    kpsta Member

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    I know it's been two days since their motion was denied, but does anyone know if the defense made any headway today?
     
    #15 kpsta, Mar 4, 2004
  16. KingCheetah

    KingCheetah Atomic Playboy
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    Defense claims driver swerved to avoid head on, may have reacted prematurely.
     
    #16 KingCheetah, Mar 4, 2004
  17. Austin70

    Austin70 Member

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    I wonder if the judge will give a gag order or make her come clean
     
    #17 Austin70, Mar 4, 2004
  18. rrj_gamz

    rrj_gamz Member

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    The defendant feels a load of trouble coming her way...She also feels she's heading in the wrong direction...
     
    #18 rrj_gamz, Mar 4, 2004
  19. Fatty FatBastard

    Fatty FatBastard Member

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    Maybe the jury will have to worry about his pants being down because he was getting sex on his crotch region............

    (damn... I'm so bad at this)
     
    #19 Fatty FatBastard, Mar 4, 2004
  20. RocketMan Tex

    RocketMan Tex Member

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    Could be worse.

    Could have been like the blowjob scene in "The World According to Garp"!:eek: :D
     
    #20 RocketMan Tex, Mar 4, 2004
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