Post by Helen Dagner on Nov 10, 2011 0:48:38 GMT -5
www.youtube.com/watch?v=A9_w1aJFU7g The defense for a metro Detroit dad accused of using his 9-year-old daughter as a designated driver could hinge on her driving abilities and the fact that there's little traffic at 3 a.m., his attorney said.
Detroit attorney David Steingold questioned witnesses Tuesday, including the girl herself, about her driving skills early Oct. 8. That's when she drove a van for her father, Shawn Weimer, 39, who was her passenger.
The case is bolstered by a surveillance video from a Brownstown Township gas station near Weimer's home. Cameras captured the girl exiting from the driver's side of the van after she parked it beside a pump. Police say a booster seat was in the driver's seat. Cameras in the station and audio reveal Weimer bragging to a clerk and another customer that he had been drinking and the child was driving.
The girl, a gas station clerk, a passerby and two police officers testified Tuesday at a hearing in 33rd District Court.
Judge Michael McNally will decide whether to send the case to Wayne County Circuit Court as a felony. Weimer is charged with felony child abuse in the second degree, allegedly having "knowingly or intentionally" committed an act "likely to cause serious physical or mental harm."
The word "likely" is key to defense attorney Steingold, who called a felony charge excessive. He questioned witnesses in the case Tuesday and drew a picture of a young, but flawless driver traveling quiet roads at 3 a.m. -- neither swerving nor speeding, using her turn signal and stopping at intersections.
Steingold, who described his client as a "doting" father who made a mistake, wants the case in district court as a misdemeanor.
After the hearing, Steingold told reporters it's illegal for a 9-year-old to drive and that something bad could have happened. But he questioned whether serious harm was likely.
"Anything could happen. Anything is possible. That does not make it probable," he said.
The afternoon of testimony began with tears as the daughter took the stand a few dozen feet from her father. Nervous and emotional, she raised her right hand and promised to tell the truth -- then burst into tears.
Wayne County assistant prosecutor Keisha Glenn asked about the night.
"What was he drinking?" Glenn asked.
"Black Velvet," the girl responded.
"Do you know what Black Velvet is?"
The girl paused: "I don't know, whiskey."
The girl said her father drank about half the bottle and threw away the rest. She said he was not drunk.
After a short break, she testified that she used to drive four-wheelers and a small mini-motorcycle.
A witness, the gas station clerk and a responding police officer testified that Weimer seemed intoxicated. The girl, according to police, was confused when she was pulled over and she insisted she was a good driver.
Steingold plans to file a brief with his argument to the court by 5 p.m. today, with the prosecution's response due by noon Monday. The judge said he will render his decision at a 1:30 p.m. hearing Tuesday.
Detroit attorney David Steingold questioned witnesses Tuesday, including the girl herself, about her driving skills early Oct. 8. That's when she drove a van for her father, Shawn Weimer, 39, who was her passenger.
The case is bolstered by a surveillance video from a Brownstown Township gas station near Weimer's home. Cameras captured the girl exiting from the driver's side of the van after she parked it beside a pump. Police say a booster seat was in the driver's seat. Cameras in the station and audio reveal Weimer bragging to a clerk and another customer that he had been drinking and the child was driving.
The girl, a gas station clerk, a passerby and two police officers testified Tuesday at a hearing in 33rd District Court.
Judge Michael McNally will decide whether to send the case to Wayne County Circuit Court as a felony. Weimer is charged with felony child abuse in the second degree, allegedly having "knowingly or intentionally" committed an act "likely to cause serious physical or mental harm."
The word "likely" is key to defense attorney Steingold, who called a felony charge excessive. He questioned witnesses in the case Tuesday and drew a picture of a young, but flawless driver traveling quiet roads at 3 a.m. -- neither swerving nor speeding, using her turn signal and stopping at intersections.
Steingold, who described his client as a "doting" father who made a mistake, wants the case in district court as a misdemeanor.
After the hearing, Steingold told reporters it's illegal for a 9-year-old to drive and that something bad could have happened. But he questioned whether serious harm was likely.
"Anything could happen. Anything is possible. That does not make it probable," he said.
The afternoon of testimony began with tears as the daughter took the stand a few dozen feet from her father. Nervous and emotional, she raised her right hand and promised to tell the truth -- then burst into tears.
Wayne County assistant prosecutor Keisha Glenn asked about the night.
"What was he drinking?" Glenn asked.
"Black Velvet," the girl responded.
"Do you know what Black Velvet is?"
The girl paused: "I don't know, whiskey."
The girl said her father drank about half the bottle and threw away the rest. She said he was not drunk.
After a short break, she testified that she used to drive four-wheelers and a small mini-motorcycle.
A witness, the gas station clerk and a responding police officer testified that Weimer seemed intoxicated. The girl, according to police, was confused when she was pulled over and she insisted she was a good driver.
Steingold plans to file a brief with his argument to the court by 5 p.m. today, with the prosecution's response due by noon Monday. The judge said he will render his decision at a 1:30 p.m. hearing Tuesday.