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CNN Live Today
Jurors Resume Deliberations in Case That Could Redefine Legal Responsibility
Aired August 08, 2002 - 10:05 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: Moving to New Jersey. Jurors resume deliberations in a case that could redefine legal responsibility. The man on trial there was nowhere near the scene of a deadly crash. Instead, he's facing manslaughter charges because he allowed a friend of his to get back behind the wheel hours after being arrested for drunk driving.
Our national correspondent Bob Franken is covering this case for us this morning. Let's check in with him right now.
Good morning, Bob.
BOB FRANKEN, CNN CORRESPONDENT: Good morning, Leon.
And the Jurors returned about a half hour ago. Appropriate to this case, it became apparent yesterday that they are at loggerheads.
(BEGIN VIDEOTAPE)
FRANKEN (voice-over): after more than a day, jurors reported they were deadlocked, their difficulty, hardly a surprise, in a case that could well break new legal ground. But the judge insisted, they stay with it.
JUDGE WILLIAM FORRESTER, SALEM COUNTY, NEW JERSEY SUPERIOR COURT: I would ask you to deliberate with a few towards reaching a unanimous decision.
FRANKEN: They're deliberating fate of 40-year-old Kenneth Powell charged with manslaughter, vehicular manslaughter and aggravated assault, facing up to 15 years in prison, even though he was nowhere near the car when its driver swerved into an oncoming vehicle. Two died, a third critically injury injured.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Count from 1 to 3.
UNIDENTIFIED MALE: 1, 2, 3?
(END VIDEO CLIP)
FRANKEN: One of the dead was Michael Pangel (ph), the drunk driver who had been jailed earlier that evening, about two years ago, arrested by New Jersey state troopers after a night of heavy drinking.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Are you going arrest me now?
UNIDENTIFIED MALE: Yes.
(END VIDEO CLIP)
FRANKEN: Three hours later, after he had called his friend at home, Pangel (ph) was out of jail and back behind the wheel of his car. Police released him to Powell, who took him back to his automobile and left him. Powell went home, but Michael Pangel (ph) drank some more, and drove some more. Three more hours later, Pangel (ph) swerved, slammed his vehicle into the oncoming car driven by 22- year-old Navy Ensign Johnny Elliott (ph). Both Elliott and Pangel (ph) were killed. Ensign Elliott had graduated from the naval academy just two months before.
WILLIAM ELLIOTT, VICTIM'S FATHER: It would be hard if there is an acquit al not to take it personally. But we know that there is a greater good that will come out of this regardless of this verdict.
FRANKEN: And if there is not an acquittal, if there is a conviction, the experts pretty much agree that it'll be extending the enforcement actions against drunken drivers to unprecedented levels.
Bob Franken, CNN live, Salem, New Jersey.
(END VIDEOTAPE)
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