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First of Kind Drunken Driving Case in Hands of New Jersey Jury Today

Aired August 08, 2002 - 11:03   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.
DARYN KAGAN, CNN ANCHOR: A first of its kind drunken driving case is in the hands of a New Jersey jury today. The accused faces manslaughter charges, and not because he was driving drunk, but because he let his friend get behind the wheel.

Our national correspondent Bob Franken is watching the trial. This one may set a legal landmark, and you can explain from Salem, New Jersey.

Good morning.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning.

It could expand the enforcement of drunk driving laws, expand it to responsibility, possible responsibility for those who had no presence at the scene, were not drinking did not provide alcohol. Already those can get a personal to be legally liable, because in this particular case, the defendant, Kenneth Powell, is charged with being criminally irresponsible, in effect, by providing the keys, by letting his friend Michael Pangel (ph), once again, take over a vehicle, even though a couple of years ago he had been arrested for being very, very drunk, twice the legal limit of alcohol in his blood.

His friend had called him. Powell, the defendant, went down to pick him up, took him back to his car and let him drive away. A couple of hours later, that person, the drunk, was even drunker, according to post-mortem tests, and he slammed his car into another driven by Navy Ensign Johnnie Elliott who had just recently graduated from the Naval Academy in Annapolis.

This is a case that has drawn national attention, because it would expand, if the guilty verdict is reached, it would expand the possibilities for enforcement in the drunken driving area. Among the people of course who is watching this very closely are the family members of Johnnie Elliot. They have been here constantly, they've been leading a campaign to expand drunken driving laws. They're watching this. They make it clear that they would consider a guilty verdict here, some sort of vindication to somehow take some of the sharp edge off the horrible loss that they felt. They've been watching closely and are leading a national campaign to take laws and make people more liable, laws that -- like the one passed in New Jersey named after Johnnie Elliot that's called "John's Law" -- Daryn. KAGAN: Bob, a couple of things about this case. First of all, it kind of strikes me as a civil case, not a criminal case, which I guess is part of what makes this newsworthy.

FRANKEN: As a matter of fact, the criminal application of this is what so significant, that criminal charges, with up to 15 years in prison, would be applied in this matter. The family has made it absolutely clear that whatever the outcome, there will be a civil lawsuit here. They liken this to the legal situation with O.J. Simpson.

But what is so significant is the criminal possibilities here. That of course become an expanding area of drunken driving law, much tougher law enforcement.

KAGAN: Right, and I would think perhaps if he's found guilty, taking it even beyond a drunken driving law, and anytime someone is released into the custody of someone else, saying you are responsible for that person and any other kind of crimes that they might commit -- other people might be responsible for.

FRANKEN: Any number of scenarios that have been developed here. As a matter of fact, the family takes great issue with one that has been promoted by defense attorneys and others, not allowed into the case, by the way, but one that has been discussed widely, which is, it would make legally liable some people like toll-takers and other who might have passing observation of somebody who is drunk, and allow that person to continue driving. That is something the family say is not based on fact, that there is nothing proven along those lines, and more importantly, their argument goes, was not admitted into the trial.

But the debate has begun, and of course whatever the verdict here, it is going be answering some questions about what is the expanded liability in drunken driving cases, what is responsible, and what is irresponsible behavior?

KAGAN: Absolutely. Bob Franken tracking that for us from New Jersey. Thank you so much.

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