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Trial to Decide Fate of Friend Who Let Friend Drive Drunk

Aired August 07, 2002 - 14:36   ET

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

KYRA PHILLIPS, CNN ANCHOR: In New Jersey, jurors have to decide whether one man is responsible for an accident that killed two others. It's a rather unusual case. Kenneth Powell was not there when the cars crashed, but prosecutors say if it had not been for him, the accident wouldn't have happened.
Dave Marshall with our affiliate WPHL has the story.

(BEGIN VIDEOTAPE)

MICHAEL OSTROWSKI, SALEM COUNTY ASSISTANT PROSECUTOR (voice- over): ... Kenneth Powell made a series of conscious decisions.

DAVE MARSHALL, WPHL REPORTER: Ken Powell looks on as prosecutors try to convince a jury to put him behind bars for 15 years.

OSTROWSKI: A reasonable person would not put a drunk driver back behind the wheel. A reasonable person would not be with the drunk driver while he's getting even more tanked up and still put him back behind the wheel.

MARSHALL: It was two years ago police called Powell to the Bridgeston Police Station (ph) to take his friend Mike Pangle (ph) home after police arrested Pangle (ph) for drunk driving. You can see Pangle (ph) here in this police video the night he was arrested. Police say he was visibly drunk.

UNIDENTIFIED MALE: (UNINTELLIGIBLE)

UNIDENTIFIED MALE: (UNINTELLIGIBLE)

MARSHALL: But instead of taking Pangle (ph) home, police say Powell gave the car keys back to his friend, who was still drunked and later caused a head on collision, killing himself and 22-year-old Navy Ensign John Elliott (ph). Elliott's (ph) girlfriend was also seriously hurt.

CHRISTOPHER MANGANELLO, DEFENSE ATTORNEY: That five or 10 minutes would have meant a lifetime for John Elliott (ph).

MARSHALL: But Powell's defense lawyers say that Powell had no way of knowing that his friend was too drunk to drive. They blame state police for releasing Pangle (ph) in the first place and giving him directions to his car.

MANGANELLO: Here is Ken Powell, woken up out of bed, with his girlfriend, trying to go fishing, trying do his friend a favor. Trooper trying to paint him as someone who's uncaring, someone who's just trying to cover his own butt.

MARSHALL (on camera): And watching the case closely are the parents of John Elliott (ph). They have already succeeded in a campaign to change New Jersey law, allowing police to confiscate the cars of drunk drivers. Now they want a guilty verdict in the case, in order to set a national precedent.

UNIDENTIFIED MALE: It has been a nightmare for the family. We know it will be over soon. We pray that justice will be served. And we love and miss our son dearly.

MARSHALL (voice-over): And the Elliotts (ph) are hoping, if nothing else, the case serves as a warning to anyone who allows a person who's drunk to get behind the wheel and drive.

(END VIDEOTAPE)

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