1 00:00:10,845 --> 00:00:13,161 (line ringing) 2 00:00:13,180 --> 00:00:15,088 Officer: 911. 3 00:00:15,182 --> 00:00:17,241 Caller: There's been an accident on bates-amasa road. 4 00:00:17,334 --> 00:00:19,184 Officer: How bad? Caller: Pretty bad. 5 00:00:20,929 --> 00:00:22,146 (siren blaring) 6 00:00:24,933 --> 00:00:26,025 (caller speaking) 7 00:00:31,757 --> 00:00:33,257 Karl numinen: He just ploughed right into them. 8 00:00:33,350 --> 00:00:35,868 He immediately said, "I fell asleep, 9 00:00:36,019 --> 00:00:38,704 "and only woke up after the collision happened." 10 00:00:40,857 --> 00:00:44,460 The question then is, what caused that to happen? 11 00:00:49,216 --> 00:00:52,534 Jerry mittelstadt: To have people that I don't know decide what my future's going to be 12 00:00:52,628 --> 00:00:55,036 Is a scary thing. 13 00:00:55,130 --> 00:00:57,973 What's at stake is basically the rest of my life. 14 00:01:00,803 --> 00:01:02,394 I don't wish this on anybody. 15 00:01:26,069 --> 00:01:28,754 Numinen: I'm karl numinen. I'm a criminal defense attorney. 16 00:01:28,981 --> 00:01:31,924 In this case, I represent jerry mittelstadt. 17 00:01:32,151 --> 00:01:35,427 Jerry is charged with the crime of driving carelessly, 18 00:01:35,579 --> 00:01:37,179 Causing the death of another person. 19 00:01:40,917 --> 00:01:42,267 It's a very serious felony, 20 00:01:42,419 --> 00:01:44,269 Punishable by up to 15 years in prison. 21 00:01:49,168 --> 00:01:52,760 The allegation is that back in January of 2021, 22 00:01:52,780 --> 00:01:55,672 Jerry was driving his vehicle on the way to work, 23 00:01:55,765 --> 00:01:58,358 Broad daylight, about 2:00 in the afternoon. 24 00:01:58,510 --> 00:02:01,511 And as he approached a construction area 25 00:02:01,605 --> 00:02:05,349 Where the workers were cutting trees and shrubbery on the side of the highway, 26 00:02:05,442 --> 00:02:06,625 He just ploughed right into them, 27 00:02:09,872 --> 00:02:12,381 And killed the front guy. The flagger. 28 00:02:26,296 --> 00:02:30,056 Immediately after the accident, when the police came on the scene, 29 00:02:30,209 --> 00:02:33,894 They asked jerry right there, right then, what happened? 30 00:02:33,988 --> 00:02:38,398 And he immediately, spontaneously, said, "I fell asleep." 31 00:02:38,492 --> 00:02:41,218 He didn't have an explanation for why he fell asleep, 32 00:02:41,311 --> 00:02:43,220 How he fell asleep or what happened. 33 00:02:43,238 --> 00:02:45,071 But he said, "I fell asleep, 34 00:02:45,166 --> 00:02:47,332 "and only woke up after the collision happened." 35 00:02:50,153 --> 00:02:54,840 He's never fallen asleep before driving or at work, anything like that. 36 00:02:54,991 --> 00:02:58,177 There's no obvious reason why he would have fallen asleep. 37 00:02:58,328 --> 00:03:01,071 He certainly wasn't intoxicated by alcohol or any kind of drugs. 38 00:03:01,164 --> 00:03:02,264 He's not on any prescriptions. 39 00:03:04,518 --> 00:03:07,077 When I first took on this case, I wasn't really sure 40 00:03:07,170 --> 00:03:08,670 How we were going to defend the case. 41 00:03:08,764 --> 00:03:10,931 At first, it seems indefensible. 42 00:03:11,083 --> 00:03:16,344 Clearly, jerry was driving the car that hit and killed the deceased. 43 00:03:16,363 --> 00:03:18,030 Clearly. 44 00:03:18,257 --> 00:03:21,658 The question then is what caused that to happen? 45 00:03:23,779 --> 00:03:27,188 If there is a reason as to why he lost consciousness, 46 00:03:27,208 --> 00:03:28,665 Then we may have a defense. 47 00:03:49,396 --> 00:03:52,356 Mittelstadt: I live in the upper peninsula, in newald, wisconsin. 48 00:03:54,476 --> 00:03:56,193 Out in the middle of a beautiful area. 49 00:04:01,725 --> 00:04:03,533 I had 10 years in the united states air force. 50 00:04:06,321 --> 00:04:10,749 And then, as I got older, went into electrical maintenance. 51 00:04:12,253 --> 00:04:14,002 So that's what I'm doing now. 52 00:04:23,079 --> 00:04:27,015 Jen and I moved here back in 2010, 53 00:04:28,844 --> 00:04:30,769 Wanted to get out of town. 54 00:04:30,996 --> 00:04:34,422 Her boys have moved out, and it's just her, 55 00:04:34,441 --> 00:04:36,191 Us and our two dogs right now. 56 00:04:41,615 --> 00:04:45,025 The whole indictment, it was devastating. 57 00:04:45,177 --> 00:04:48,028 What's at stake is basically the rest of my life. 58 00:04:48,122 --> 00:04:49,454 That's it. 59 00:04:53,294 --> 00:04:55,109 What do we do? 60 00:04:55,203 --> 00:04:56,461 We lose everything. 61 00:05:01,969 --> 00:05:04,452 My income is the only income right now. 62 00:05:04,546 --> 00:05:08,640 I don't know that jen will be able to hold on to the house. 63 00:05:14,798 --> 00:05:16,464 We've been together for 14 years. 64 00:05:16,558 --> 00:05:18,708 I met him eight years prior to that. 65 00:05:18,802 --> 00:05:20,986 So we've known each other 22 years. 66 00:05:24,474 --> 00:05:26,474 I wasn't looking for a relationship, 67 00:05:26,493 --> 00:05:28,810 But he's a nice guy. 68 00:05:28,829 --> 00:05:31,479 And then one day, snow storms. 69 00:05:31,573 --> 00:05:33,557 I don't like driving in snow storms. 70 00:05:33,575 --> 00:05:36,317 I called him and asked if he would give me a ride to work in the morning. 71 00:05:36,411 --> 00:05:37,819 So he came over and spent the night 72 00:05:37,838 --> 00:05:40,005 And it went on from there. That was it. (chuckles) 73 00:05:40,156 --> 00:05:41,673 We've been together since. 74 00:05:44,178 --> 00:05:47,921 It's his personality, his kindness, he's gentle. 75 00:05:48,015 --> 00:05:50,256 He's wonderful. He really is. 76 00:05:50,351 --> 00:05:53,259 I don't have a bad thing to say about him, seriously. 77 00:05:53,412 --> 00:05:55,604 And I don't know that you would find anybody that does. 78 00:05:58,025 --> 00:06:02,102 He doesn't really talk a lot. 79 00:06:02,196 --> 00:06:05,271 I think he keeps his feelings to himself. 80 00:06:05,424 --> 00:06:07,699 I know he thinks about this every single day. 81 00:06:09,945 --> 00:06:11,444 I don't know, he's not the same. 82 00:06:11,538 --> 00:06:13,038 He's definitely not the same. 83 00:06:16,935 --> 00:06:19,527 Mittelstadt: Every single night when I lay down, 84 00:06:19,621 --> 00:06:22,506 The whole accident replays. 85 00:06:23,884 --> 00:06:28,128 And try to think what I did... 86 00:06:28,280 --> 00:06:30,639 If I did something wrong... 87 00:06:31,967 --> 00:06:33,466 I can't think of a single thing 88 00:06:33,619 --> 00:06:35,060 That I could have done different. 89 00:06:59,086 --> 00:07:01,161 -Mittelstadt: Hey, karl. -Hi. 90 00:07:01,313 --> 00:07:02,254 Come on in. 91 00:07:06,075 --> 00:07:09,243 So the document that I was given by the court 92 00:07:09,263 --> 00:07:11,579 Sets out what you're charged with. 93 00:07:11,673 --> 00:07:15,158 This says that on January 13th, 2021, 94 00:07:15,251 --> 00:07:19,771 You were driving in iron county, and you approached a work zone. 95 00:07:19,923 --> 00:07:21,756 Just walk me through a little bit. 96 00:07:21,850 --> 00:07:26,111 I remember coming down in highway 2, 97 00:07:26,338 --> 00:07:28,188 And making the turn onto bates-amasa. 98 00:07:28,340 --> 00:07:30,840 I hadn't gotten very far. 99 00:07:30,934 --> 00:07:33,952 The last thing that I can remember 100 00:07:34,103 --> 00:07:36,437 -Is seeing the jehovah witness building on the left. -Yeah. 101 00:07:36,531 --> 00:07:39,849 When I got to that point of the road, I set my cruise control. 102 00:07:39,868 --> 00:07:42,352 Numinen: And what did you set the cruise control at? 103 00:07:42,370 --> 00:07:46,372 Usually I just run up between 50-55 and then set it. 104 00:07:46,525 --> 00:07:48,541 Numinen: What happened? 105 00:07:48,635 --> 00:07:51,470 I don't know. 106 00:07:51,621 --> 00:07:52,696 It's inconceivable that I fell asleep, 107 00:07:52,789 --> 00:07:55,307 But yet, I have no, no memory 108 00:07:55,534 --> 00:07:58,626 Of that portion, of the rest of that drive. 109 00:07:58,645 --> 00:08:01,480 Numinen: What's the next conscious memory you've got? 110 00:08:01,631 --> 00:08:03,130 Mittelstadt: I couldn't see anything. 111 00:08:03,150 --> 00:08:07,986 All I saw was like a white... Dirty, white color. 112 00:08:08,213 --> 00:08:11,138 Somebody had suggested it was probably the airbag 113 00:08:11,158 --> 00:08:13,566 That was over my head. 114 00:08:13,719 --> 00:08:14,884 Gotcha. 115 00:08:14,978 --> 00:08:16,811 And then I lifted my hand, 116 00:08:16,830 --> 00:08:18,388 And I hit the steering wheel in the truck. 117 00:08:18,406 --> 00:08:21,315 And then I realized, I remembered I was in my truck. 118 00:08:21,335 --> 00:08:23,668 I realized I couldn't breathe. 119 00:08:23,820 --> 00:08:26,896 So I slammed the door open, and fell out on the road 120 00:08:26,990 --> 00:08:30,416 On my hands and knees trying to get a breath. 121 00:08:30,511 --> 00:08:33,737 And that's when I saw that I had been in an accident. 122 00:08:33,830 --> 00:08:36,740 The next thing I heard was 123 00:08:36,833 --> 00:08:39,333 There was a guy coming up the road 124 00:08:39,353 --> 00:08:43,004 Asking me if I knew where larry was. 125 00:08:43,023 --> 00:08:47,192 And I remember asking if he had found him, 126 00:08:49,363 --> 00:08:51,421 And he said, "yes, he's right there," 127 00:08:51,514 --> 00:08:54,849 And he pointed between the trucks. 128 00:08:54,943 --> 00:08:56,368 Numinen: Describe what you saw. 129 00:09:02,117 --> 00:09:03,041 (exhales sharply) 130 00:09:07,714 --> 00:09:13,677 I saw the lower, lower part of one of his legs laying in the road. 131 00:09:16,223 --> 00:09:18,306 -Separated from the body? -Yes. 132 00:09:21,544 --> 00:09:23,303 Numinen: What happened when the trooper got there? 133 00:09:23,397 --> 00:09:29,292 He took me off to the side and asked me what happened. 134 00:09:29,311 --> 00:09:31,961 I told him I must have fallen asleep. 135 00:09:32,055 --> 00:09:34,297 I had no... No other idea. 136 00:09:34,316 --> 00:09:36,816 I had no idea what happened. 137 00:09:36,968 --> 00:09:39,411 Did you feel tired? 138 00:09:39,562 --> 00:09:43,973 No. So I can't figure out what happened. (chuckles nervously) 139 00:09:44,067 --> 00:09:46,326 At any point while you're driving, 140 00:09:46,420 --> 00:09:51,089 Did you unroll your windows or put your windows down at all? 141 00:09:51,316 --> 00:09:54,667 Okay. Did you do anything to perk yourself up? 142 00:09:54,820 --> 00:09:56,094 No. 143 00:09:56,321 --> 00:10:00,490 -Hit yourself, anything like that? -No. 144 00:10:00,508 --> 00:10:04,677 Numinen: You and I are going to have to show the jury you were not careless. 145 00:10:04,830 --> 00:10:06,438 We're going to have to show 146 00:10:06,589 --> 00:10:10,016 That there was a reason you lost consciousness 147 00:10:10,168 --> 00:10:11,668 Before you ever got to that site. 148 00:10:11,686 --> 00:10:12,944 Does all that make sense? 149 00:10:14,430 --> 00:10:15,572 All right. 150 00:10:16,950 --> 00:10:17,932 Mittelstadt: Thank you, karl. 151 00:10:18,026 --> 00:10:19,117 Yeah. We'll see you soon. 152 00:10:23,865 --> 00:10:26,750 Every night I see his face. 153 00:10:30,113 --> 00:10:31,713 Every night I see his leg. 154 00:10:34,860 --> 00:10:37,594 Those are the two that stand out. 155 00:10:42,534 --> 00:10:47,145 I don't... I don't wish this on anybody. 156 00:11:02,145 --> 00:11:05,905 Some of them are fairly grisly because obviously they show the deceased 157 00:11:06,057 --> 00:11:09,409 And they show the causality of this accident. 158 00:11:09,503 --> 00:11:13,746 The impact area must be in this general area. 159 00:11:13,840 --> 00:11:15,915 You can see the debris 160 00:11:16,067 --> 00:11:17,734 And it pushed that truck 161 00:11:17,752 --> 00:11:21,662 Several yards forward after the impact. 162 00:11:21,682 --> 00:11:25,666 And I think the police took these photos to show the absolute absence 163 00:11:25,686 --> 00:11:30,263 Of any kind of skid mark leading up to that impact. 164 00:11:30,357 --> 00:11:34,083 I suppose the prosecutor is going to take this 165 00:11:34,102 --> 00:11:39,105 And show the jury that there was no swerving, slowing or stopping, 166 00:11:39,257 --> 00:11:41,515 No skid marks by jerry. 167 00:11:41,535 --> 00:11:46,779 But uniquely, that also shows that he was not conscious 168 00:11:46,873 --> 00:11:49,615 As he was approaching this construction area, 169 00:11:49,710 --> 00:11:52,877 Or he obviously would have, even at the last minute, 170 00:11:53,104 --> 00:11:57,048 Slammed on the brakes. He said he fell asleep. 171 00:11:57,275 --> 00:12:00,293 But he doesn't recall feeling tired or drowsy. 172 00:12:00,445 --> 00:12:02,554 My theory is that jerry wasn't asleep, 173 00:12:02,705 --> 00:12:05,223 But that he fell unconscious for some other reason. 174 00:12:07,285 --> 00:12:09,135 Does he have a medical condition? 175 00:12:09,229 --> 00:12:11,229 These are things that we're going to have to find out 176 00:12:11,380 --> 00:12:15,216 Because these are going to be critical to show 177 00:12:15,235 --> 00:12:19,362 That there was no intent here of careless driving. 178 00:12:35,255 --> 00:12:37,088 Mittelstadt: It's a very nice day 179 00:12:37,240 --> 00:12:39,165 Just to get out and spend the day with the family, 180 00:12:39,259 --> 00:12:41,259 And see the kids, 181 00:12:41,486 --> 00:12:43,410 Just watch them have fun out on the lake. 182 00:12:43,505 --> 00:12:46,598 (indistinct conversation) 183 00:12:46,749 --> 00:12:48,841 Mittelstadt: We would never have made it through this ordeal 184 00:12:48,935 --> 00:12:51,085 Without the support and help of our family. 185 00:12:51,179 --> 00:12:52,270 (indistinct chatter) 186 00:12:53,607 --> 00:12:55,665 Woman: Bubba? 187 00:12:55,683 --> 00:12:57,591 Mittelstadt: Constantly helping out, sharing, listening, 188 00:12:57,685 --> 00:13:00,570 Consoling at times. 189 00:13:02,431 --> 00:13:06,618 Financially, doing what they could to help us. 190 00:13:06,769 --> 00:13:11,180 You can't go through something like this by yourselves 191 00:13:11,274 --> 00:13:12,457 And keep your sanity, I guess. 192 00:13:14,202 --> 00:13:17,353 Without you guys, we wouldn't have made it. 193 00:13:17,372 --> 00:13:21,466 It's been ridiculously hard. 194 00:13:21,617 --> 00:13:23,927 I'm... We're stressed to the max... 195 00:13:26,139 --> 00:13:29,474 But I can't say thank you enough to you guys 196 00:13:29,625 --> 00:13:32,869 For how you helped us out. 197 00:13:32,962 --> 00:13:36,297 Levi geneman: Having the court case hanging over the family 198 00:13:36,316 --> 00:13:40,134 Kinda pushes us to have days like this 199 00:13:40,153 --> 00:13:42,895 Just to try to distract everybody. 200 00:13:42,989 --> 00:13:44,656 It's not easy. 201 00:13:44,807 --> 00:13:46,282 I go to work, that's what I think about, the closer it gets. 202 00:13:49,554 --> 00:13:52,163 He talks to me about things that he doesn't talk to other people about. 203 00:13:54,334 --> 00:13:58,002 This is haunting, not knowing what's going to happen. 204 00:13:58,154 --> 00:14:01,564 Mittelstadt: Here we go. 205 00:14:01,583 --> 00:14:02,841 (child speaks indistinctly) 206 00:14:06,237 --> 00:14:08,421 I don't know if I'm going to have my dad or not. 207 00:14:08,515 --> 00:14:10,348 (water sloshing) 208 00:14:20,694 --> 00:14:23,319 Numinen: So this is the state trooper's dash cam. 209 00:14:36,859 --> 00:14:41,362 So he's got a body mic on, and the camera's in the dash of the vehicle. 210 00:14:41,381 --> 00:14:42,714 (trooper speaking) 211 00:14:42,865 --> 00:14:44,531 (mittelstadt and trooper speaking) 212 00:14:44,551 --> 00:14:47,034 Numinen: That's jerry he's talking to, I believe. 213 00:14:47,053 --> 00:14:50,054 (trooper speaking) 214 00:14:50,206 --> 00:14:52,039 Numinen: He puts him on the bumper 215 00:14:52,133 --> 00:14:56,119 So that he can keep him in the visual of the dash cam. 216 00:14:56,212 --> 00:14:58,212 What I want to hear is the very first thing he says to jerry. 217 00:14:58,306 --> 00:15:00,023 (trooper speaking) 218 00:15:01,217 --> 00:15:03,192 (mittelstadt speaking) 219 00:15:07,574 --> 00:15:08,889 (trooper speaking) 220 00:15:08,909 --> 00:15:09,890 (mittelstadt speaking) 221 00:15:09,984 --> 00:15:11,467 (trooper speaking) 222 00:15:11,486 --> 00:15:14,153 The very first thing he says was, "I fell asleep. 223 00:15:14,305 --> 00:15:17,490 "I didn't know anything until the impact." 224 00:15:17,642 --> 00:15:19,992 He said I fell asleep, and he said I had to have fallen asleep. 225 00:15:20,086 --> 00:15:21,402 Numinen: Exactly! 226 00:15:21,421 --> 00:15:24,422 Sleep was his only explanation at the time, 227 00:15:24,649 --> 00:15:26,740 But it's not necessarily what happened. 228 00:15:26,760 --> 00:15:27,926 (trooper speaking) 229 00:15:34,659 --> 00:15:36,676 I guess my biggest worry is that the jury is just not going to understand 230 00:15:36,828 --> 00:15:38,919 That someone could fall asleep like that. 231 00:15:39,013 --> 00:15:41,272 Numinen: So we have to demonstrate that he wasn't asleep. 232 00:15:41,499 --> 00:15:44,258 Not in the way we nap or sleep at night. 233 00:15:44,277 --> 00:15:47,670 But that jerry lost consciousness at the wheel, 234 00:15:47,763 --> 00:15:50,114 Through no fault of his own. 235 00:15:50,266 --> 00:15:53,676 If a person's unconscious while they're driving, 236 00:15:53,695 --> 00:15:56,679 They can't be held responsible for the criminal act. 237 00:15:56,772 --> 00:15:58,790 And I'll give you the analogy. 238 00:15:58,941 --> 00:16:02,126 It would be just like if he was driving 239 00:16:02,353 --> 00:16:06,706 And suffered a stroke or a heart attack. 240 00:16:06,800 --> 00:16:09,801 Any one of those types of medical emergencies 241 00:16:10,028 --> 00:16:11,302 Would be an excuse to the driving. 242 00:16:18,553 --> 00:16:20,937 Jen: Hello, karl. Numinen: Come on in. Come on in. 243 00:16:28,137 --> 00:16:31,305 We've got to dig down and find out the reason 244 00:16:31,324 --> 00:16:35,451 Why you lost consciousness prior to hitting that truck. 245 00:16:40,483 --> 00:16:43,242 In the first week of December 2020, 246 00:16:43,394 --> 00:16:47,913 I was at work, and when I slid under the machine on my stomach, 247 00:16:48,066 --> 00:16:50,174 I could not breathe. 248 00:16:50,326 --> 00:16:53,177 I got under the machine and I could not take a breath. 249 00:16:53,404 --> 00:16:55,071 Okay. 250 00:16:55,089 --> 00:16:56,922 Had this ever happened to you before? 251 00:16:57,017 --> 00:16:58,591 Mittelstadt: No. 252 00:16:58,685 --> 00:17:01,911 Were you literally feeling like you were suffocating? 253 00:17:02,004 --> 00:17:03,521 Oh, yeah. Lack of air completely. 254 00:17:03,672 --> 00:17:07,433 And the next day we got an appointment going, 255 00:17:07,527 --> 00:17:12,679 And I let my boss know that something was wrong. 256 00:17:12,699 --> 00:17:16,259 So, this is the first week of December 2020. 257 00:17:16,277 --> 00:17:17,535 Mittelstadt: Yes. 258 00:17:17,762 --> 00:17:19,095 Numinen: And that was before the accident. 259 00:17:19,113 --> 00:17:20,204 Mittelstadt: Before the accident, yes. 260 00:17:24,769 --> 00:17:27,027 Mittelstadt: She examined me, 261 00:17:27,047 --> 00:17:29,380 And they gave me a breath treatment, they call it, 262 00:17:29,607 --> 00:17:32,608 And then she listened to my lungs again, 263 00:17:32,701 --> 00:17:35,887 And came back with a referral 264 00:17:36,038 --> 00:17:39,891 To see the pulmonary specialist in marquette. 265 00:17:49,460 --> 00:17:53,071 When did you finally get to see the pulmonary specialist? 266 00:17:53,222 --> 00:17:55,131 March 1st, 2021. 267 00:17:55,149 --> 00:17:56,148 Numinen: After the accident. 268 00:17:56,242 --> 00:17:57,466 Mittelstadt: Yes. 269 00:17:57,485 --> 00:17:59,077 Numinen: Okay. Tell me how that went. 270 00:17:59,304 --> 00:18:01,821 He listened to my lungs and he said 271 00:18:01,915 --> 00:18:07,476 That my right lung didn't seem to be working, 272 00:18:07,495 --> 00:18:10,146 But the test results showed 273 00:18:10,164 --> 00:18:14,092 That my left lung was not functioning near up to par, either. 274 00:18:25,997 --> 00:18:29,941 So I'm clear. The problem with your lung 275 00:18:30,168 --> 00:18:33,260 Pre-existed the accident in January 2021. 276 00:18:33,279 --> 00:18:34,612 Correct. 277 00:18:34,763 --> 00:18:37,115 Okay. And the medical specialist confirmed that. 278 00:18:37,342 --> 00:18:38,858 Mittelstadt: Correct. Numinen: Okay. 279 00:18:38,952 --> 00:18:41,268 All right. That was extraordinarily helpful to me 280 00:18:41,287 --> 00:18:43,604 To understand this sequence of events. 281 00:18:43,623 --> 00:18:46,106 We're going to line up the medical records 282 00:18:46,126 --> 00:18:48,517 To support exactly what you're saying. 283 00:18:48,536 --> 00:18:52,130 If we can show the jury that you lost consciousness, 284 00:18:52,281 --> 00:18:53,947 Then you weren't driving carelessly. 285 00:18:53,967 --> 00:18:57,451 And in that event, you're simply not guilty of a crime. 286 00:18:57,470 --> 00:18:58,619 Does that make sense? 287 00:18:58,713 --> 00:19:00,471 -Yes. -Yes, it does. 288 00:19:00,698 --> 00:19:02,456 -Numinen: All right. -Makes us feel better, too. 289 00:19:02,475 --> 00:19:04,308 Numinen: Good. 290 00:19:19,642 --> 00:19:21,159 I've read every word of every report. 291 00:19:21,310 --> 00:19:26,405 Literally what are hundreds of pages of medical records, 292 00:19:26,499 --> 00:19:29,058 And they say what I think that they need to say. 293 00:19:29,151 --> 00:19:31,818 So prior to the accident, jerry went through a series of tests 294 00:19:31,838 --> 00:19:34,914 To eliminate certain problems. 295 00:19:35,066 --> 00:19:38,492 The mri, the cat scan turned out to be normal. 296 00:19:38,586 --> 00:19:43,347 However, one thing that was not normal was the lung issue. 297 00:19:43,574 --> 00:19:46,333 Remember, this is in December 2020. 298 00:19:46,427 --> 00:19:48,093 Covid is still rampant 299 00:19:48,246 --> 00:19:49,854 And he can't get the next appointment, 300 00:19:50,081 --> 00:19:52,581 Because the doctors aren't taking any. 301 00:19:52,600 --> 00:19:56,769 So we can assume he was unaware that he had a medical condition 302 00:19:56,863 --> 00:19:59,864 And it got progressively worse leading up to this accident. 303 00:20:09,450 --> 00:20:11,858 And one of the things that we found, 304 00:20:11,953 --> 00:20:14,954 The pulmonary function, that's the lung functioning... 305 00:20:15,106 --> 00:20:17,548 He's operating at less than 30% 306 00:20:17,775 --> 00:20:20,033 Of what is expected of his capacity. 307 00:20:20,053 --> 00:20:24,947 You're simply not processing the air that you breathe 308 00:20:25,040 --> 00:20:27,466 Into oxygen into your blood, 309 00:20:27,560 --> 00:20:29,710 Which means it's not getting into your brain. 310 00:20:29,729 --> 00:20:32,897 And if your brain's not getting oxygen, it shuts down. 311 00:20:51,826 --> 00:20:53,492 -(berger speaks over phone) -hey, alex. 312 00:20:53,586 --> 00:20:56,312 I just got off the phone with an emergency room doctor 313 00:20:56,330 --> 00:20:58,756 To consult on this issue of the lack of consciousness. 314 00:20:58,907 --> 00:21:01,259 Can I tell you about it? 315 00:21:01,410 --> 00:21:03,335 Numinen: This doctor was really good. 316 00:21:03,488 --> 00:21:05,429 He's talking about diaphragmatic paralysis, 317 00:21:05,581 --> 00:21:07,490 And he got right into 318 00:21:07,508 --> 00:21:09,934 Whether or not that he had a sleep study. 319 00:21:10,161 --> 00:21:13,086 I explained that he did have the sleep study, 320 00:21:13,106 --> 00:21:15,773 And his saturation level went down to 77%. 321 00:21:22,006 --> 00:21:23,597 So that's excellent to hear, 322 00:21:23,691 --> 00:21:26,951 Because that's very consistent then with his medical record. 323 00:21:27,102 --> 00:21:28,527 Berger: Yeah. Okay, appreciate it. 324 00:21:28,621 --> 00:21:30,579 -Numinen: Cool. All right, cheers. -Bye. 325 00:21:44,045 --> 00:21:44,969 (indistinct conversation) 326 00:21:56,707 --> 00:21:58,874 Jen: These are all the bills that are coming up. 327 00:21:58,893 --> 00:22:02,987 That's his hospital bill, loans, our heating bill. 328 00:22:03,214 --> 00:22:05,990 The money we borrowed for lawyer's fees. 329 00:22:09,144 --> 00:22:10,828 So there's quite a bit we are so behind. 330 00:22:14,225 --> 00:22:15,982 He is carrying such a burden. 331 00:22:16,002 --> 00:22:17,501 More burden than I am, really. 332 00:22:20,247 --> 00:22:22,322 This is a whole different... 333 00:22:22,342 --> 00:22:25,509 It's a life-changing moment in every aspect. 334 00:22:29,907 --> 00:22:33,351 Mittelstadt: You could very easily lay all the blame right on me. 335 00:22:33,502 --> 00:22:34,477 It's not your fault. 336 00:22:37,506 --> 00:22:39,023 You can't help your health conditions. 337 00:22:43,863 --> 00:22:49,091 I have spent many nights breaking down 338 00:22:49,110 --> 00:22:50,368 That he don't know about. 339 00:22:53,522 --> 00:22:56,432 I mean, even... Even losing everything, I don't care, 340 00:22:56,450 --> 00:22:58,042 As long as he's here, you know? 341 00:23:19,899 --> 00:23:23,475 On September 20th, 2006, 342 00:23:23,628 --> 00:23:27,296 Jerry was convicted of the offense of operating while intoxicated 343 00:23:27,314 --> 00:23:28,697 In the state of wisconsin. 344 00:23:29,892 --> 00:23:34,319 And then on June 19th, 2001, 345 00:23:34,472 --> 00:23:37,973 He was convicted of the offense of operating while intoxicated, 346 00:23:37,992 --> 00:23:39,542 Also in the state of wisconsin. 347 00:23:46,909 --> 00:23:49,485 So these are a very long time ago. 348 00:23:49,503 --> 00:23:53,246 Unfortunately, they can use that to enhance the maximum sentence 349 00:23:53,340 --> 00:23:55,507 Of the crime in this case. 350 00:23:55,660 --> 00:24:01,680 So, what jerry is charged with is ordinarily punishable by up to 15 years in prison. 351 00:24:01,832 --> 00:24:04,108 It's now punishable by up to 30 years in prison. 352 00:24:07,004 --> 00:24:09,338 Jerry's 59 years old now. 353 00:24:09,356 --> 00:24:11,615 That's a life... That's a life sentence for him. 354 00:24:29,135 --> 00:24:33,262 Unfortunately, when I got back from the first gulf war, 355 00:24:35,366 --> 00:24:39,143 I didn't do so well, and I racked up a few duis. 356 00:24:42,389 --> 00:24:44,482 I messed up. 357 00:24:44,709 --> 00:24:47,543 I was angry when I got out of the military. 358 00:24:47,561 --> 00:24:48,486 I didn't want to get out. 359 00:24:51,306 --> 00:24:53,449 President bush had his force reduction 360 00:24:54,719 --> 00:24:56,494 And I was caught in the downsizing. 361 00:24:59,073 --> 00:25:04,502 I feel that I was punished for the driving offences back then. 362 00:25:07,155 --> 00:25:10,749 I didn't hurt anybody, thank god. 363 00:25:10,901 --> 00:25:14,011 I don't feel like right now that that should be a part of this case. 364 00:25:17,332 --> 00:25:23,095 Seventeen years later, without any infractions, no speeding tickets, no nothing, 365 00:25:23,189 --> 00:25:28,651 Now we go from a 15-year max to a 30-year maximum. 366 00:25:30,178 --> 00:25:32,488 And it completely floored me. 367 00:25:35,017 --> 00:25:39,019 Toxicology reports show that there's no alcohol, 368 00:25:39,038 --> 00:25:42,498 No drugs, no prescription drugs, nothing in my system 369 00:25:43,450 --> 00:25:44,542 At the time of the crash. 370 00:25:47,605 --> 00:25:51,607 Were that to happen, that's a pretty much a death sentence for me 371 00:25:51,625 --> 00:25:55,219 Because I... Thirty years, I would never get out. 372 00:25:57,631 --> 00:25:59,390 We're just ruined here. 373 00:26:00,968 --> 00:26:02,059 I mean, the trial's coming. 374 00:26:03,788 --> 00:26:05,729 Stress is out the roof. 375 00:26:05,881 --> 00:26:08,882 To have people that I don't know 376 00:26:08,901 --> 00:26:10,734 Decide what my future's gonna be... 377 00:26:15,223 --> 00:26:16,365 ...Is a scary thing. 378 00:26:18,911 --> 00:26:21,078 (bell tolling) 379 00:26:40,341 --> 00:26:42,174 Mittelstadt: Very anxious. 380 00:26:42,268 --> 00:26:45,269 Everything that we've gone through for the last 381 00:26:45,496 --> 00:26:48,772 Almost two years is coming to a boil today. 382 00:26:50,759 --> 00:26:53,944 Obviously, I lean on jen so hard. 383 00:26:55,615 --> 00:26:59,575 Her support has been unshaking, unwavering. 384 00:27:01,787 --> 00:27:05,623 And I don't know what I'd do without her. I love her to death. 385 00:27:07,701 --> 00:27:10,586 I can't imagine being separated from her at all. 386 00:27:14,300 --> 00:27:15,424 (judge speaking) 387 00:27:23,550 --> 00:27:26,885 I'd like to start by thanking you all for your time and service. 388 00:27:27,037 --> 00:27:31,223 We are here today because the defendant, jerry mittelstadt, 389 00:27:31,317 --> 00:27:33,651 Drove recklessly in a work zone and caused the death 390 00:27:33,878 --> 00:27:36,320 Of the victim, lawrence leonarduzzi. 391 00:27:38,549 --> 00:27:42,159 The defendant did commit the moving violation by driving carelessly. 392 00:27:42,386 --> 00:27:46,312 Carelessly means operating a motor vehicle in a careless or negligent manner, 393 00:27:46,332 --> 00:27:50,392 Likely to endanger any person or property. 394 00:27:50,411 --> 00:27:53,912 The defendant told the trooper that he fell asleep while driving 395 00:27:54,006 --> 00:27:57,416 And that he woke up when he crashed into the victim. 396 00:27:57,568 --> 00:28:00,903 The victim passed away due to massive traumatic injuries 397 00:28:00,921 --> 00:28:04,973 That he sustained as a result of the defendant crashing in to him. 398 00:28:12,007 --> 00:28:18,270 Nobody consciously drives their vehicle, their full-size pickup truck, 399 00:28:18,422 --> 00:28:22,366 55 miles an hour into the back end of somebody else's pickup truck, 400 00:28:22,593 --> 00:28:26,370 Unless they're on a suicide mission. 401 00:28:26,597 --> 00:28:30,949 So your first question that we're gonna answer together during this trial is, 402 00:28:31,101 --> 00:28:32,376 Was jerry conscious? 403 00:28:34,029 --> 00:28:36,621 And number two, if he was unconscious, 404 00:28:36,716 --> 00:28:40,108 Did he have any reason to believe, should he have known 405 00:28:40,202 --> 00:28:41,218 That he shouldn't be driving? 406 00:28:50,471 --> 00:28:54,732 As you were driving north on bates-amasa road from u.S. 2, 407 00:28:54,959 --> 00:28:57,125 Do you recall seeing the work zone? 408 00:28:57,144 --> 00:29:02,798 Michael serbinski: Yes. I saw the strobe lights from the county vehicles right away. 409 00:29:02,891 --> 00:29:04,241 I looked in the rear-view mirror 410 00:29:06,303 --> 00:29:10,489 And saw the pickup behind me and continued, 411 00:29:10,583 --> 00:29:12,583 And I just noticed that it was coming really fast. 412 00:29:14,812 --> 00:29:16,754 Thinking, what does he think he's going to do? 413 00:29:16,905 --> 00:29:18,738 Is he gonna pass me? 414 00:29:18,758 --> 00:29:22,092 And that's when I heard the impact 415 00:29:22,244 --> 00:29:28,490 And then all kinds of debris were falling onto our vehicle. 416 00:29:28,509 --> 00:29:31,268 The impact was just horrendous. 417 00:29:31,419 --> 00:29:33,729 Derouin: Okay. All right, michael. That's all I have at this time, your honor. 418 00:29:36,667 --> 00:29:38,683 Numinen: Your testimony just a minute ago 419 00:29:38,778 --> 00:29:41,779 Was that the vehicle you saw in your rear-view mirror 420 00:29:41,930 --> 00:29:44,339 Was approaching really fast. Right? 421 00:29:44,358 --> 00:29:45,783 Serbinski: It seemed fast, yes. 422 00:29:45,934 --> 00:29:49,678 Okay. At no point did you see that vehicle slow down? 423 00:29:49,696 --> 00:29:51,013 Serbinski: That's correct. 424 00:29:51,031 --> 00:29:52,581 And you didn't see any swerving, correct? 425 00:29:53,942 --> 00:29:56,018 Yeah, I did not. 426 00:29:56,111 --> 00:30:02,707 So no evidence of any conscious effort on the part of that truck 427 00:30:02,860 --> 00:30:04,693 To avoid that collision? Correct? 428 00:30:04,786 --> 00:30:07,029 Serbinski: That would be my observation. 429 00:30:07,047 --> 00:30:07,971 Numinen: I have no further questions, your honor. 430 00:30:12,052 --> 00:30:13,310 Numinen: Thank you. 431 00:30:15,556 --> 00:30:17,648 Mittelstadt: It's like 10 times the amount of stress now. 432 00:30:19,151 --> 00:30:22,486 I'm trying to see how they are perceiving me 433 00:30:22,713 --> 00:30:25,047 Through what's going on in the court room. 434 00:30:25,065 --> 00:30:28,066 I don't really have a good feel on 'em yet. 435 00:30:28,218 --> 00:30:32,070 You wanna kinda, I guess, engage the jury 436 00:30:32,164 --> 00:30:34,998 To know that you're not a monster, you know? 437 00:30:48,589 --> 00:30:50,347 Derouin: And based on the information that you had, 438 00:30:50,574 --> 00:30:52,407 Your observation, your training and experience, 439 00:30:52,500 --> 00:30:55,686 Were you able to come to a conclusion as to how this crash happened? 440 00:30:55,837 --> 00:31:00,265 Yes. All the available evidence to me 441 00:31:00,417 --> 00:31:04,361 Just pointed to the driver of the ranger 442 00:31:04,512 --> 00:31:06,029 Not realizing what was in front of them, 443 00:31:06,181 --> 00:31:08,514 And wasn't able to react to that 444 00:31:08,534 --> 00:31:13,595 And stop before hitting the dodge and the pedestrian, 445 00:31:13,614 --> 00:31:15,539 The road commission worker. 446 00:31:15,766 --> 00:31:17,040 Derouin: Thank you, sergeant. That's all I have at this time, your honor. 447 00:31:22,047 --> 00:31:24,030 Numinen: People's exhibit number seven 448 00:31:24,049 --> 00:31:28,051 Shows this long stretch of straightaway leading up to the crash scene? 449 00:31:28,612 --> 00:31:30,721 Yes. 450 00:31:30,872 --> 00:31:35,133 Would you agree with me that if a fella was driving in their pickup truck 451 00:31:35,285 --> 00:31:38,562 With the cruise control on at 55 miles an hour, 452 00:31:38,713 --> 00:31:42,733 Driving down this straightaway, and that person lost consciousness, 453 00:31:42,884 --> 00:31:46,904 That person could go a long way down that straightaway without coming off the road. 454 00:31:47,055 --> 00:31:48,313 Verlin: A fair assessment. 455 00:31:48,407 --> 00:31:50,465 And they wouldn't show any skid marks, would it? 456 00:31:50,558 --> 00:31:52,651 Verlin: No, not necessarily. 457 00:31:52,803 --> 00:31:58,081 Numinen: Your conclusion was the driver was not realizing what was in front of him. 458 00:31:58,233 --> 00:32:01,084 A person who's lost consciousness would also not realize 459 00:32:01,311 --> 00:32:03,236 -What's in front of him. Correct? -Verlin: Correct. 460 00:32:03,255 --> 00:32:08,425 So losing consciousness is also, again, consistent with your conclusions, right? 461 00:32:08,576 --> 00:32:10,076 Verlin: That would be consistent. 462 00:32:10,095 --> 00:32:12,170 Numinen: I have no further questions, your honor. 463 00:32:12,264 --> 00:32:15,390 Mr. Duprose, can you escort the jury out? All rise. 464 00:32:23,591 --> 00:32:26,276 So let's talk a little bit about what we just went through. 465 00:32:27,354 --> 00:32:28,928 Have a seat. 466 00:32:29,022 --> 00:32:32,616 You've got the prosecutor's accident reconstruction guy. 467 00:32:32,767 --> 00:32:35,510 When he comes in and he says to the jury 468 00:32:35,529 --> 00:32:39,122 That everything that he sees is perfectly consistent with you driving your truck, 469 00:32:39,349 --> 00:32:42,367 Putting it on cruise control at 55, 470 00:32:42,519 --> 00:32:45,870 Losing consciousness and going straight into that truck, 471 00:32:45,965 --> 00:32:47,522 That's beautiful. 472 00:32:47,541 --> 00:32:48,781 That's brilliant. 473 00:32:48,875 --> 00:32:50,542 That never happens. 474 00:32:50,694 --> 00:32:53,878 All right. Same admonishments. Go home. 475 00:32:53,973 --> 00:32:55,788 Don't talk to anybody. 476 00:32:55,882 --> 00:32:58,642 Don't do anything stupid. Come back tomorrow in a white shirt. 477 00:32:58,869 --> 00:32:59,810 -Mittelstadt: All right. -All right. 478 00:33:01,705 --> 00:33:03,939 -Awesome today. Awesome. -Thanks. 479 00:33:13,717 --> 00:33:16,994 Numinen: So we've heard from all the eyewitnesses, the people on the scene. 480 00:33:17,221 --> 00:33:19,571 We've heard from the police witnesses, 481 00:33:19,723 --> 00:33:25,393 Including the officer in charge and the reconstruction experts. 482 00:33:25,487 --> 00:33:29,006 And now we're moving into the final field of the medical experts. 483 00:33:34,755 --> 00:33:37,997 Derouin: Did the defendant make any statements to you while he was there 484 00:33:38,091 --> 00:33:40,425 Regarding falling asleep? 485 00:33:40,577 --> 00:33:44,262 The patient stated that they fell asleep while driving. 486 00:33:44,414 --> 00:33:46,581 Derouin: You did a physical exam. 487 00:33:46,600 --> 00:33:49,693 You ordered labs, you ordered imaging. 488 00:33:49,844 --> 00:33:55,607 You were unable to diagnose the defendant with any lung issues? Correct? 489 00:33:55,759 --> 00:33:59,018 And in fact, his oxygen saturation level was well within normal range. 490 00:33:59,038 --> 00:34:01,204 Correct. 491 00:34:01,431 --> 00:34:05,542 As well as you weren't able to diagnose him with any condition that would cause 492 00:34:05,693 --> 00:34:08,103 An immediate loss of consciousness. Is that correct? 493 00:34:08,121 --> 00:34:10,105 That's correct. 494 00:34:10,198 --> 00:34:11,548 Okay. Thank you, doctor. That's all I have at this time, your honor. 495 00:34:14,461 --> 00:34:18,446 Well, doctor, if a patient has a loss of consciousness, 496 00:34:18,540 --> 00:34:21,058 Sometimes they don't know what caused that loss of consciousness. Right? 497 00:34:22,286 --> 00:34:23,876 Dr. Naylor: That's true. Yeah. 498 00:34:23,970 --> 00:34:28,065 A person who's been in a high speed, heavy impact collision 499 00:34:28,216 --> 00:34:30,975 And is just, just coming to from that 500 00:34:31,070 --> 00:34:33,052 And is asked by a police officer what happened? 501 00:34:33,072 --> 00:34:34,905 You say, "I must have fallen asleep." 502 00:34:35,056 --> 00:34:37,132 Here's my question. 503 00:34:37,150 --> 00:34:41,227 That person may be trying to guess at what caused the loss of consciousness, right? 504 00:34:41,246 --> 00:34:44,247 Dr. Naylor: That's theoretically possible, yes. 505 00:34:44,399 --> 00:34:45,916 Numinen: I have no further questions, your honor. 506 00:34:56,336 --> 00:34:59,988 Numinen: Now we're moving into the defense medical providers. 507 00:35:00,006 --> 00:35:03,825 What we need to do now is explore what would be the cause 508 00:35:03,844 --> 00:35:06,770 Of him losing consciousness in the moments before the collision. 509 00:35:09,333 --> 00:35:11,424 And I've got to be able to show the jury 510 00:35:11,443 --> 00:35:15,520 Jerry had no reason to believe that he was gonna have a loss of consciousness 511 00:35:15,672 --> 00:35:18,840 Leading up to that collision. 512 00:35:18,933 --> 00:35:22,119 Whether we call that a fainting spell, whether we call that a seizure. 513 00:35:24,289 --> 00:35:26,848 The key is, did he have any reason to know 514 00:35:26,867 --> 00:35:28,792 That he was going to lose consciousness? 515 00:35:38,879 --> 00:35:40,195 Numinen: Thank you, your honor. 516 00:35:40,213 --> 00:35:42,139 I'll call jacilyn meinol. 517 00:35:43,625 --> 00:35:46,050 Tell the jury what you do for a living. 518 00:35:46,203 --> 00:35:49,479 I am a family nurse practitioner and I work in sleep medicine. 519 00:35:58,899 --> 00:36:00,991 Meinol: Part of his diaphragm that helps him to breathe 520 00:36:01,218 --> 00:36:03,994 Is paralyzed, not working, functioning properly. 521 00:36:12,820 --> 00:36:17,507 It's measured as a percentage where we're seeing how many of the blood cells 522 00:36:17,659 --> 00:36:19,676 Are adequately oxygenated at night. 523 00:36:19,903 --> 00:36:25,907 So in one night, jerry went from 77 to over 90? 524 00:36:26,000 --> 00:36:27,684 -Yes. -And back and down? 525 00:36:27,911 --> 00:36:29,761 Yes. 526 00:36:29,913 --> 00:36:33,690 -Fluctuating almost 20 points over the course of a night. -Yes. 527 00:36:33,841 --> 00:36:35,841 Numinen: Yes, thank you. 528 00:36:35,861 --> 00:36:38,820 Twenty points is a pretty large swing in oxygenation levels. Would you agree? 529 00:36:39,439 --> 00:36:41,013 Yes. 530 00:36:41,107 --> 00:36:45,202 And prior to your sleep study where this was identified, 531 00:36:45,353 --> 00:36:48,613 Do you have any indication that he was aware of this before the accident? 532 00:36:48,765 --> 00:36:51,524 -None to my knowledge. -Okay. 533 00:36:51,543 --> 00:36:53,001 I have no other questions, your honor. 534 00:36:55,105 --> 00:36:56,955 So now that we've finished with the testimony 535 00:36:57,049 --> 00:37:00,533 And our witnesses said what we needed them to say, 536 00:37:00,552 --> 00:37:02,886 We've got the evidence in that we need, 537 00:37:04,448 --> 00:37:07,039 It's the prosecutor's burden to show 538 00:37:07,059 --> 00:37:09,634 That jerry was somehow aware 539 00:37:09,786 --> 00:37:14,856 That he was subject to or likely to have a loss of consciousness event. 540 00:37:15,734 --> 00:37:16,900 That hasn't been proven. 541 00:37:30,415 --> 00:37:36,586 It seems to me that the reasons that would necessitate you testifying, 542 00:37:36,738 --> 00:37:39,497 I think have been adequately addressed by these other people. 543 00:37:39,649 --> 00:37:44,335 And I think that the risks of you testifying outweigh the rewards. 544 00:37:44,488 --> 00:37:46,912 If you're looking for me to make a suggestion, 545 00:37:46,932 --> 00:37:48,598 It would be that you don't need to testify. 546 00:37:48,825 --> 00:37:51,175 I'm gonna stick with what you suggest. 547 00:37:51,328 --> 00:37:52,102 What you recommend. 548 00:38:12,182 --> 00:38:16,459 The defendant was operating his motor vehicle on the afternoon of January 13, 2021. 549 00:38:21,691 --> 00:38:25,360 The defendant failed to operate his vehicle as a prudent person would, 550 00:38:25,453 --> 00:38:29,288 And his carelessness took the life of the victim in this case. 551 00:38:29,308 --> 00:38:33,551 If you were driving so tired that you may fall asleep, 552 00:38:33,645 --> 00:38:36,037 I would argue that that is driving carelessly. 553 00:38:36,056 --> 00:38:39,965 You're not acting as a prudent person would, you would pull over and rest. 554 00:38:40,060 --> 00:38:42,043 And with that being said, 555 00:38:42,062 --> 00:38:44,321 I would ask that you find the defendant guilty as charged today. Thank you. 556 00:38:49,995 --> 00:38:55,332 The prosecutor has not proven, by any standard of proof, 557 00:38:55,483 --> 00:38:57,742 Much less beyond a reasonable doubt, 558 00:38:57,894 --> 00:39:00,986 Has not proven that jerry had actual physical control of the car. 559 00:39:01,081 --> 00:39:05,733 He lost consciousness through no fault of his own, period. 560 00:39:05,827 --> 00:39:09,012 He wasn't intoxicated. He wasn't distracted. He lost consciousness. 561 00:39:11,408 --> 00:39:15,927 I'm asking you to go back there, do the right thing, find him not guilty. 562 00:39:16,021 --> 00:39:18,429 Doesn't mean he's innocent, he'll never be innocent. 563 00:39:18,523 --> 00:39:20,857 He's gonna hold this burden the rest of his life. 564 00:39:22,602 --> 00:39:23,860 But he's not guilty of a crime. 565 00:39:24,863 --> 00:39:25,695 Thank you. 566 00:39:46,051 --> 00:39:48,868 Numinen: Now that the trial is done and all the evidence is in, 567 00:39:48,887 --> 00:39:51,295 I breathe a huge sigh of relief. 568 00:39:51,448 --> 00:39:54,282 But I'll tell you, the hardest part of any trial 569 00:39:54,300 --> 00:39:57,285 Is sitting in the hallway waiting while the jury deliberates, 570 00:39:57,303 --> 00:39:58,895 Because then it's beyond my control. 571 00:39:59,046 --> 00:40:02,232 I can't do anything but sit and wait like everybody else. 572 00:40:13,745 --> 00:40:19,582 Mittelstadt: I never sat in a courtroom and had to have somebody else decide my fate. 573 00:40:25,148 --> 00:40:27,757 The range of emotions is ridiculous. 574 00:40:27,909 --> 00:40:28,758 (cell phone ringing) 575 00:40:32,931 --> 00:40:33,763 Hello? 576 00:40:36,843 --> 00:40:37,767 All right, we're on our way up. 577 00:40:38,995 --> 00:40:39,919 Okay. 578 00:40:40,013 --> 00:40:40,937 They got a verdict. 579 00:41:40,573 --> 00:41:41,664 Thank you. 580 00:41:44,077 --> 00:41:46,151 -Thank you for everything. -You're welcome. 581 00:41:46,171 --> 00:41:48,746 Numinen: There's an indescribable feeling right there 582 00:41:48,898 --> 00:41:50,581 In the presence of that moment. 583 00:41:50,734 --> 00:41:54,010 Thank god we were able to get him on the path where he goes home 584 00:41:54,161 --> 00:41:56,070 With his wife, his kids, 585 00:41:56,089 --> 00:42:00,517 And gets to breathe a sigh of relief and put this behind him. 586 00:42:01,186 --> 00:42:02,185 (jen chuckling) 587 00:42:03,596 --> 00:42:04,854 -Such a relief. -Yeah. 588 00:42:11,104 --> 00:42:12,695 It's done. 589 00:42:12,847 --> 00:42:15,089 -Mm. Now we can rebuild our lives... -Yeah. 590 00:42:15,108 --> 00:42:17,367 ...And start getting his health fixed. 591 00:42:18,762 --> 00:42:21,779 Start building back up... To normal. 592 00:42:21,873 --> 00:42:23,164 To normal. 593 00:42:24,601 --> 00:42:27,544 -And we can keep our home. -Yes. 594 00:42:27,695 --> 00:42:29,437 We can keep our home. 595 00:42:29,455 --> 00:42:30,713 A good thing for us today. 596 00:42:31,866 --> 00:42:32,674 At the end of the day, 597 00:42:34,944 --> 00:42:37,461 An accident still happened, 598 00:42:37,614 --> 00:42:44,060 And their family has lost, too, which we feel for that very much. 599 00:42:46,790 --> 00:42:47,855 Mm.