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Concentrate on John Koziol of Koziol Forensic's statements. http//
Harmful and noxious gases emitted from the upholstery can infiltrate the driver's compartment and potentially alter the driver,
What are the first few questions or comments that come to your mind as a forensic investigator, and reviewing Mr. Koziol's statement(s)?
If anyone can find the court documents online, that would be lovely.
I have to admit that my first reaction to this story and the above statement was to laugh uncontrollably for around 5 minutes.
However, I think that with a good enough lawyer/solicitor, the statement stands…
The "new car smell", given it results from the chemical treatment of the upholstery etc (and, by the way, they don't need to infiltrate the driver's compartment, they _are_ in the driver's compartment), can have _a_ certain effect on people that may possibly, and depending on the chemicals used to treat the upholstery etc., be intoxicating. This can, in some people, cause a feeling of mild euphoria which can, under a certain set of circumstances cause drowsiness.
Sleep apnea sufferers, as a result of their condition, do not normally have a good quality of sleep so they do tend to fall asleep more often and more unexpectedly, in the course of the day, than non-sufferers.
Given the above, then, this line of defense can actually stand in a court of law, as long as the driver is properly tested by a qualified & independent doctor to determine whether he truly suffers from sleep apnea or not, for one thing.
This is out of crimes and federalism Nov 7th 2010
Some of the language seems to come from the police officers report.
I wonder how long he had the new car? In the end I'm sure it will be a toxic reaction to prescribed medication. That seems to be a popular one.
District Attorney Mark Hurlbert Accepts Bribes?
One has to wonder how much money District Attorney Mark Hurlbert accepted to allow this crime to go unpunished
Dr Milo was bicycling eastbound on Highway 6 near Eagle when Martin Joel Erzinger allegedly hit him with the black 2010 Mercedes Benz sedan he was driving.
Erzinger fled the scene and was arrested later, police say. He drove until he reached a Pizza Hut parking lot, where he stopped and called Mercedes auto assistance to report the damage to his vehicle.
That's a felony hit-and-run. Everyone criminal lawyer knows this. It's a serious crime. What's worse is that Erzinger called to report damage to his own car rather than call 9-1-1. An ethical prosecutor would say in court, "That's an aggravating factor evidencing a lack of remorse. It also shows a truly depraved individual who elevates the condition of his expensive car to another person's life!"
Nevertheless, District Attorney Mark Hurlbert violated his oath of office, and violated the Colorado Rules of Professional Conduct, by treating a rich criminal defendant "more equally" than a poor one
A financial manager for wealthy clients will not face charges for a hit-and-run because it could jeopardise his job, it has been revealed.
Martin Joel Erzinger, 52, was set to face felony charges for running over a doctor who he hit from behind in his 2010 Mercedes Benz, and then speeding off.
But now he will simply face two misdemeanour traffic charges from the July 3 incident in Eagle, Colorado.
We can only speculate, but my best guess is that Mark Hurlbert accepted a bribe. Can you think of another explanation? In his official biography, Hulbert writes "He makes victims a priority and is dedicated to providing victims a strong voice in the justice system."
What did the rich banker's victim think about the "justice system"?
Dr Milo told Hurlbert that the case 'has always been about responsibility, not money'.'Mr Erzinger struck me, fled and left me for dead on the highway,' he wrote. 'Neither his financial prominence nor my financial situation should be factors in your prosecution of this case.'
Can you think of a reason - other than a bribe - that would explain Hurlbert's charging decision? I can't. It thus seems that the most logical conclusion that Hurlbert is accepting bribes.