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In Deadly Drunken-Driving Accident, Can Friend Be Held Responsible?

Aired August 07, 2002 - 10:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: We turn our attention now to a story that has a lot of people talking. Here's the issue: if a person is involved in a deadly drunken-driving accident, can his friend be held responsible? A New Jersey jury is trying to answer that question in a landmark case.

And here's a report being filed by KYW reporter Beverly Williams.

(BEGIN VIDEOTAPE)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Count from one to 30.

UNIDENTIFIED MALE: One, two, three -- oh.

(END VIDEO CLIP)

BEVERLY WILLIAMS, KYW REPORTER: This is state police video of the drunk driving arrest of Michael Pangel (ph) two years ago. Police say he had a blood alcohol level of more than twice the legal limit.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Will you arrest me now?

UNIDENTIFIED MALE: Yes.

(END VIDEO CLIP)

WLLIAMS: After the arrests police called Pangel's (ph) best friend Kenneth Powell (ph), now on trial for manslaughter, vehicular manslaughter and aggravated assault by auto. Powell picked up Pangel (ph), but instead of returning him home, he took him to his SUV and gave him the keys. And an hour later, Pangel was involved in a deadly crash killing himself and 22-year-old Navy person John Elliot, who parents finally get their day in court.

UNIDENTIFIED MALE: Losing your son is hardest thing that can ever happen to a parent. Knowing he died in tragedy that could have been avoided makes it even more of a nightmare.

WILLIAMS: Members of the family declined comment as closing arguments in the case were heard in the courtroom.

UNIDENTIFIED MALE: Kenneth Powell (ph) gambled with the lives of other people. John Elliot paid with his life.

UNIDENTIFIED MALE: The state has not proven that Ken Powell (ph) knew of the risk that actually made this accident occur.

WILLIAMS: According to the defense, state police bear the responsibility for giving Pangel (ph) the keys, but the prosecution says Powell's (ph) recklessness set the chain of events in motion.

(END VIDEOTAPE)

HARRIS: Experts say this case could set a precedent and lead to the prosecution of other third parties in similar drunken-driving cases across the country. We will keep our eye on this story and we will tell you how it all turns out.

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