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In New Jersey, Jurors Back Deliberating Case That Could Redefine 'Legal Responsibility'

Aired August 08, 2002 - 12:00   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: We begin in New Jersey, where jurors are back deliberating a case that could redefine "legal responsibility." The man on trial was nowhere near the scene of a deadly car crash. Yet, prosecutors argue, it might not have happened, if it weren't for him.
CNN national correspondent Bob Franken is covering this case.

Hi there, Bob.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Hello, and when it did happen, just about two years ago, the drunk driver was one of two killed in the accident, the other one had just graduated from Annapolis, Navy Ensign Johnnie Elliott, but the drunk driver had actually been arrested earlier that evening by the state police, and taken to the barracks, his car had been taken to the scene of where he was arrested.

And then a friend was called. The friend was Kenneth Powell, came and got the drunk driver out of the state police barracks, and took him back to his car, and then a couple of hours later, more drinking and the tragic accident. The drunk driver was killed, as I said.

But Kenneth Powell, two years later, is now facing vehicular homicide, manslaughter charges and aggravated assault charges himself. Why? In effect, because the prosecution contends that his conduct, giving the keys back, custody of the car back to his friend, was criminally irresponsible.

The jury has been dealing with this over three days. They're in about their ninth hour of deliberations right now. They've been deadlocked right now so far they told the judge, but he said keep trying. For Kenneth Powell, of course, it's been trips to and from the courthouse, kind of an agonizing wait.

But also agonizing wait for the family of the Navy Ensign Johnnie Elliott. Bill Elliott, his father, and the rest of the family, have made a cause out of the incident, and they are here, hoping for a conviction, although they don't quiet -- say that much, and also deflecting some arguments that have been made about this verdict. They, for instance, reject the contention, that a verdict here which found Kenneth Powell guilty could extend to people who had nothing to do, other than perhaps be toll-takers who would let people drive drunk, that kind of thing. Mr. Elliott says that just isn't factual.

(BEGIN VIDEO CLIP)

WILLIAM ELLIOTT, VICTIM'S FATHER: All we are asking is that both in the courtroom, in the jury deliberation room and in the public that the facts are what people are given and have opinions about, rather than someone's unsubstantiated opinion, and what I am referring to is the suggestion, particularly by the defense, that if there is a conviction, it would open the door to gas station attendance and toll takers being prosecuted. I do not think there is any of the that would be the case. There is no merit to that suggestion. The judge clearly barred that from being mentioned in the trial. It was not mentioned in trial. And we just think that quote that as if it has merit, even though it is the opinion of the defense, I think suggests that there might be some degree of truth to that.

(END VIDEO CLIP)

FRANKEN: Now of course whether those contentions would be borne out, the truth is that this is being watched very closely, because an expanding drunk driving bit of law, which of course has been expanding over a couple of decades, could expand some more with a verdict here of guilty. The jury seems to be really hung up on this. It's a question now of whether they will be able to negotiate their differences.

Meanwhile, you are hearing the church bells in the background. This is a historic town, Salem, New Jersey, a very small town, but a lot of the legal world is watching this very closely.

WHITFIELD: All right, thanks very much, Bob Franken. Appreciate it.

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