Posted on 10/08/2007 11:40:07 AM PDT by TexasCajun
A judge's daughter accused of intoxication manslaughter could not have avoided the collision that killed her boyfriend because a truck driver had drifted into her lane, an accident reconstruction expert told a jury Friday.
Jurors also saw the defendant's father, District Court Judge Pat Shelton, accuse prosecutors of selectively punishing his daughter, saying they failed to charge the truck driver for not immediately stopping after the wreck. He then accused a witness who testified against his daughter of being an illegal immigrant.
The jury must decide whether Elizabeth Shelton, a 20-year-old University of St. Thomas student, is responsible for the death of her passenger, Matthew McNiece, 19, of Bellaire, as a result of the freeway crash last year.
Shelton's blood-alcohol concentration was more than three times the legal limit — at 0.26 and 0.28 percent, based on two different blood tests — after the wreck.
Mother testifies
Her mother, Julia Shelton, told the jury Friday that police treated Elizabeth Shelton inhumanely, hauling her out of a hospital hours after the accident in handcuffs and a paper gown to take her to jail.
Accident reconstruction expert Joe Hinton, testifying for the defense, said Shelton had no chance to avoid the collision because the box truck, traveling next to her, veered a couple feet into her lane as she drove along the freeway's far left side next to a wall.
The crash "could have happened to anyone in this room exactly the same way," Hinton testified Friday, adding that a sober person also would have had no time to react. "Intoxication makes no difference."
Lance Bennett, the truck driver, has denied changing lanes before Shelton struck the rear of his vehicle.
Hinton's conclusions also contradict those of another expert who testified there was no evidence that the truck pulled into Elizabeth Shelton's lane.
Harris County sheriff's deputy David Pearson, who also reviewed HPD's work in the case, said no evidence shows the truck was in Shelton's lane, adding if a motorist "was driving at the speed limit and was not intoxicated, the crash would never have occurred."
Evidence problems
Both experts, nevertheless, agreed HPD's investigation was flawed.
"It could have been a lot better," Pearson said of HPD's work. "There was a lot of evidence that wasn't documented properly."
HPD's lead investigator on the case, officer Sherwin Johnson, incorrectly had Shelton's car towed to a private storage lot instead of the secured police compound after the wreck — a move that did not follow correct procedures.
Prosecutors had hoped to examine the crash data recorder, or "black box," in Shelton's car to retrieve information, such as her speed and braking at the time of impact, but attorney Mark T. Sandoval, representing Shelton's mother in a lawsuit against the truck driver, went to the storage lot and removed the box before investigators executed a search warrant.
Sandoval later gave the black box to prosecutors, but Lexus officials refused to analyze the data inside.
Heated exchange
In a brief, but volatile, courtroom exchange with prosecutors Friday, Shelton's father said he firmly believes the truck driver caused the wreck and argued prosecutors gave Bennett a pass when he failed to stop after the collision.
Bennett returned to the crash site minutes later and cooperated with police.
"He could've been charged for failing to remain at the scene. You could've prosecuted both (drivers), and you did not do that," Pat Shelton said.
He said he was also told the truck driver had an arrest warrant for a hot check and was driving with lapsed automotive insurance, claims that visibly irritated prosecutor Paul Doyle.
"How in the world as a judge can you look at this jury and attack Mr. Bennett, who's out there doing his job?" Doyle retorted.
Shelton's father then claimed a witness to the crash who testified against his daughter was an illegal immigrant. Doyle appeared incredulous.
"The same man who stopped to aid your daughter, to do the right thing, you're attacking his citizenship status? Are you kidding me?" Doyle shouted.
"No one is above the law," Shelton's father responded.
'Extremely unprofessional'
Elizabeth Shelton's mother told the jury she was appalled at the way police treated her daughter.
Julia Shelton described how police led her daughter out of a hospital hours after the crash, with her hands cuffed behind her back, wearing a paper hospital gown, barefoot and without underwear.
"The policemen were extremely ugly. I couldn't understand what this big rush was to get her off to jail," she said.
"It was all the police officers I encountered that evening — they all copped an attitude, big time. There was chuckling. It was extremely unprofessional behavior. I was appalled."
Doyle asked if she thought it was appalling for someone to drive with a blood-alcohol concentration of 0.26 percent.
"I think it's irresponsible," she said.
It is interesting to watch him defend his daughter in this tragedy.
Prosecutors had hoped to examine the crash data recorder, or “black box,” in Shelton’s car to retrieve information, such as her speed and braking at the time of impact, but attorney Mark T. Sandoval, representing Shelton’s mother in a lawsuit against the truck driver, went to the storage lot and removed the box before investigators executed a search warrant.
TOTAL LIAR(lawyer) commiting fraud by removing evidence and
blalk box data can be changed.
I've heard Judge Pat Shelton is very tough on drunk drivers.
But I guess everyone wants to protect their own kids.
Houston PING
Thanks for the ping.
There was a high profile prosecutor in Austin who was an alcoholic. He eventually took his own life.
Just because they do one thing in court does not mean that they walk the line in their private lives.
Daddy’s little princess will get a pass to save her ass........ typical. Laws are for you, not me or mine.
Doom on em.....
But I guess everyone wants to protect their own kids.
He seems to be tough on everyone elses kid for drunk driving except his own it would seem. He ought to be keeping his mouth shut at the least as he seems to be coming off as having two different standards for justice in this case.
The SUV swerved across two lanes of traffic and hit the cargo truck Lance Bennett was driving, according to police.
http://www.txcn.com/sharedcontent/dws/txcn/houston/stories/khou061023_ac_swfwydeath.6840aff3.html
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3 times the legal alcohol limit
100 miles per hour
witnesses say she crossed 2 lanes
rammed back of truck
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defense attorney grabs black box first
Lexus refuse to check out black box
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Daddy-Judge sez truck driver she tail-ended at 100mph is at fault!
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“expert witness” sez alcohol consumption and level “not a contributing factor”!
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This beats the Paris Hilton case
By at least one dead boyfriend!
Isn’t that interfering with an investigation? Why isn’t this being prosecuted too?
"The passenger was hanging out of his seat, out of the window, waving as if he was having a good time at a parade. That's what the witness stated," said Houston Police officer S.M. Johnson.
[This beats the Paris Hilton case]
Lol, it does doesn’t it? A little bit of everything involved here and lots of lying and changing the facts around.
A judge, who is hard on drunk driving, but now lying to save his daughter.
Stealing the black box when they knew it was evidence and bringing the word “illegal” into it!
And the girl goes to college in St. Thomas, Virgin Islands? Nice!
This is the same case that I posted the wrong picture on last week of another Shelton case, remember?
I used to read the Houston Chronicle all the time, funny to see their “New York Times of the South” up there.
You’re welcome.
I was on a thread about this case last week and remembered the details. Lol, they have changed the facts already!
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Not trying to write a cheesy TV movie here
But think of this girl being allowed to go back to the Virgin Islands to college with an extended trial date
And an Alex Kelly (the Darien, CT rapist - Michael Sherman - defense attorney) or The Unicorn Killer Eric Einhorn (Arlen Spector - defense attorney) scenario of “Run To Europe As A Fugitive For Years!” kicks in -
You would not be allowed to leave the state
The Hollyweird Kids and Judge’s Little Princess get special treatment donja know!
[But think of this girl being allowed to go back to the Virgin Islands to college with an extended trial date]
Yes, it’s been a year. I tend to get more angry about real life people incidents like this than many political incidents.
Just me I suppose and most politicans lie and deceive so it’s not a surprise with them.
St Thomas is lovely, deep curved bay and I stayed in a hotel on a tiny island in the bay. A shuttle boat would take you back and forth.
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Nice place
But the VI has a high violent crime rate targeting tourists
Some scary stories from there I watched a few years ago
Been a long time since I was there but I recall a scary incident with a ‘big’ guy! He stopped his car and came back and hollered that the headlights on my car were too bright!
Could have been worse though.
Their airport is interesting [unless changed]. When you flew in, the landing runway started at the edge of a cliff overlooking the water!
In this state if you are DUI and get rear-ended while stopped at a red light, you are at fault. The DUI (.24 BAC!) is the prime issue.
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