Both sides offer their final statements in the case of Donald Jessamine, accused in a 2012 crash on the Delaware River.
Did Donald Jessamine burp?
It seems like a silly question, his attorney admitted, for a trial about a 2012 boat crash in which someone died. But if Jessamine did, and it threw off a breath test that measured the alcohol in his system, it could be the most important question of his life.
The 65-year-old Jessamine, of Phillipsburg, is accused of being intoxicated on June 23, 2012, when he drove a jet boat into a rock near a bridge on the Delaware River in Harmony Township, sending him, 57-year-old Lane Alden and another passenger into the water. Alden's body was found five days later several miles downriver. She died of blunt force trauma.
He is charged with second-degree vehicular homicide and boating violations. A charge of first-degree aggravated manslaughter was dismissed this week due to a lack of evidence.
A burp could have affected the test results, and while the defense isn't asserting that's what happened, a trooper tasked with other duties besides just observing Jessamine might have missed that, said Jessamine's attorney, Michael Priarone.
"I know it sounds crazy that we're sitting here talking about this, people burping or not burping. But that's the law," Priarone told jurors as both sides presented the summations of the evidence over two hours Thursday afternoon.
"The same government that's prosecuting him made up all those rules. And we've got to hold them to that," he said, arguing the state presented no evidence that Jessamine acted recklessly in the crash. "They didn't even come close."
Warren County Prosecutor Richard Burke countered that the cumulative testimony of investigators and experts shows Jessamine was drunk and disregarded what should have been obvious warnings of the impending tragedy. And a trained New Jersey State trooper observed him before the breath test that revealed a blood-alcohol content of .09 four hours after the crash, looking for any signs -- including burping -- that could affect the result.
"There was no way that Mr. Jessamine would have been .09 at that point only drinking a glass and a half of wine," Burke said, citing expert testimony that surmised he could have consumed as much as two bottles before the crash.
"The more you look at this case and you look at the facts, it fits."
The defense
Priarone gave the first summation. At one point, he had to pardon himself.
"I just burped," he told the jury. "I don't know if you noticed it. That happened. That's a real-life event."
Priarone attacked the credibility of the Alcotest breath machine that registered the .09 BAC reading, going after the crux of the state's case. From that result and Jessamine's statement the day of the crash to a trooper in which he estimated he had some wine between 2 and 3 p.m., an expert witness had extrapolated Jessamine's BAC in the crash could have been between .15 and .22.
The defense said the test was unreliable because it was taken hours after the crash, and the trooper's observations were hampered by other tasks like filling out forms and preparing the machine.
What is more likely, Priarone argued, is the Jessamine's estimations of time were off, that the cup or two of wine that Jessamine drank was much closer to the accident, that he was never intoxicated and that the BAC reading was incorrect.
He put character witnesses -- who said Jessamine is a caring and careful person -- against the state's contention that Jessamine acted recklessly and with a disregard for human life. The other surviving passenger did not testify to any wrongdoing by Jessamine, Priarone said.
He accused the state of having an "obsession" with prosecuting Jessamine, his voice wavering as he described the effect of the case on his client's family. Jessamine dabbed at his eyes while his wife cried softly in the audience.
"You're killing this man! Little by little," Priarone shouted. "What is the purpose of what's going on here? .... What are we doing here? How can this be? Where is the evidence that my client did anything wrong?"
The prosecution
Burke went through each step of the case, saying there is ample evidence Jessamine acted recklessly.
"This case is not about the state saying Mr. Jessamine is a bad guy. What this case is about is what happened on June 23, 2012," the prosecutor said. Priarone "made a very impassioned plea and I commend him for that. ... Your job is to listen to the facts."
There is no disagreement that Jessamine, an experienced boater, was showing a friend how to use a new jet boat, that he had some amount to drink or that he was going 25 to 30 mph in the fatal crash. The speed led to Alden's near-instantaneous and "horrific" death, Burke said, describing her injuries.
Opening arguments: 'A tale of 2 people'
Burke -- whose summation was punctuated four times by objections from the defense or Judge Bruce Jones instructing the jury to disregard certain improper statements -- mentioned the testimony of a neighbor, who said there was a party going on that day and Jessamine offered him vodka. And he showed jurors a sign on the bridge just before the crash site that warned of rapids ahead.
Burke also described video of Jessamine taking field sobriety tests and not following the instructions. As for the delay in submitting Jessamine to a breath test, Burke said the troopers' first focus was on finding Alden.
When Jessamine was transported to the state police barracks, a trained trooper observed him not just by watching, Burke said, but by being near enough to listen, smell and notice anything that could affect the outcome of the breath test.
"All the arguments (the defense) wants to make about character, about what he thinks should or shouldn't happen ... you have to rely on the facts," Burke told jurors. "One thing there is no question about is that .09 reading."
What's next in the trial?
With testimony over, the jury will be given its final instructions Friday morning and begin deliberations.
Steve Novak may be reached at snovak@lehighvalleylive.com. Follow him on Twitter @type2supernovak. Find lehighvalleylive.com on Facebook.