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American Morning
Drunk Driver's Friend on Trial for Manslaughter
Aired August 08, 2002 - 08:14 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.
BILL HEMMER, CNN ANCHOR: Friends do not let friends drive drunk, those famous words of warning now being put to the legal test in a rather unusual drunk driving trial. A jury is trying to decide if the defendant, this man, Kenneth Powell, is guilty of manslaughter and other charges.
Here's the rub, though, in the case. Powell was not drunk. He was nowhere near the scene of the fatal accident. His crime, according to prosecutors, was allowing his friend to drive drunk.
Bob Franken in Salem, New Jersey with more on this case this morning -- Bob, good morning.
BOB FRANKEN, CNN CORRESPONDENT: Good morning, Bill.
And, of course, over the last couple of decades we've seen more and more strict enforcement, expanded enforcement of the laws against drunk driving. And depending on the verdict in this case, it could go to unprecedented areas.
(BEGIN VIDEOTAPE)
FRANKEN (voice-over): After more than a day, the jurors reported they were deadlocked, their difficulty hardly a surprise in a case that could well break some 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 view towards reaching a unanimous decision.
FRANKEN: They're deliberating the fate of 40-year-old Kenneth Powell, charged with manslaughter, vehicular homicide and aggravated assault, facing up to 15 years in prison, even though he was nowhere near the car when its drunken driver swerved into an oncoming vehicle. Two died. A third was critically injured.
UNIDENTIFIED MALE: I want you to count from one to 30.
UNIDENTIFIED MALE: From one to 30?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED MALE: One, two, three -- oh. FRANKEN: One of the dead was Michael Pangle, 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.
UNIDENTIFIED MALE: What are you going to do, arrest me, now?
UNIDENTIFIED MALE: Yes.
FRANKEN: Three hours later, after he had called his friend at home, Pangle was out of jail and back behind the wheel of his car. Police had released him to Powell, who took him back to his automobile and left him. Powell went home, but Michael Pangle drank some more and drove some more. Three more hours later, Pangle swerved, slammed his vehicle into the oncoming car driven by 22-year-old Navy Ensign Johnny Elliott. Both Elliott and Pangle were killed.
UNIDENTIFIED MALE: Joseph A. (UNINTELLIGIBLE) II.
UNIDENTIFIED MALE: Congratulations.
FRANKEN: 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 acquittal, 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 that is the national attention this case is getting. Experts believe it would be unprecedented if Powell was convicted for drunken driving deaths if he was neither in the car nor provided any alcohol. Last year, New Jersey adopted a new law which allows police to impound a drunk driver's vehicle for up to 12 hours. But John's Law, as it's called, was passed after the death of Johnny Elliott.
ELLIOTT: The waiting is the hardest part, there is no question. But, again, for the last two years, every morning we have awakened knowing that we would never see our son's face and never hear his voice or never hold him again.
(END VIDEOTAPE)
FRANKEN: Johnny Elliott's parents said that he had hoped to become a Naval pilot. Kenneth Powell just hoped to be a friend to Michael Pangle and now he's on trial to find out if the actions that he took were criminally irresponsible -- Bill.
HEMMER: Bob, in the bigger picture, and you mention it in your story right there, is this looking down the road the type of legislation that would hit maybe bartenders, maybe waiters and waitresses in restaurants, maybe people holding cocktail parties or dinners at their home? Could they be liable down the road if this case continues like this in a guilty fashion?
FRANKEN: You raise an excellent point. Bartenders and waitresses and hosts already under the law, in many states, at least, can be found liable because they serve alcohol to somebody who is already drunk and then that person goes out and gets involved in a crime related to drunken driving. The fact of serving the alcohol has been the factor.
What this crime, what this particular trial does, it extends it to people who have no serving of alcohol involved, who take other actions that might be considered criminally irresponsible. And the defense attorneys argue this could extend to the toll taker at some sort of gate on the highway who recognizes somebody being drunk, takes the money, however, and lets them go on.
That is the defense argument. It is one that is bitterly argued against by the prosecution, saying in this particular case there was an egregious act of irresponsibility and that's what's at issue here.
HEMMER: And also, part of the defense strategy is that they say the police gave the keys back that night and the police gave these men directions to get back to the car, correct? So they hold some sort of responsibility, is what the defense is saying, anyway. Correct or not?
FRANKEN: That's what the defense is saying. The police say that, in fact, they turned the keys over so the car could be taken away, that there was no intention to have the person drive. It comes down to a question of whether the police adequately warned everybody that there could be danger if Michael got back into his car and drove. And, of course, there was danger. Two people are dead as a result.
HEMMER: Fascinating case.
Thank you, Bob.
Bob Franken in New Jersey this morning.
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