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.