BY KRISTEN DELGUZZI
The Cincinnati Enquirer

Tracie Alfieri

Tracie Alfieri is the first local person charged under a law that makes it a crime to kill a fetus, but the issue of fetal rights has little bearing on her trial.

After explaining the fetus issue to potential jurors - and answering their questions about viability, abortion and the new law - attorneys on both sides of the case turned their attention to what they say is the real issue:

A term used to describe aggressive and hostile acts on the highways.

''This case is about road rage,'' assistant Hamilton County Prosecutor Gerald Krumpelbeck said in opening statements. ''This is a case about a young lady who ... became so enraged that she then proceeded to drive recklessly.''

Mrs. Alfieri, 23, of Mount Washington, is charged with aggravated vehicular homicide and aggravated vehicular assault in the Nov. 27 accident on Interstate 71 that injured Rene Andrews and terminated her pregnancy. She was six months' pregnant.

Though the defense plans to challenge the fetal homicide law if Mrs. Alfieri is convicted, they told jurors to disregard fetus issues and concentrate on the facts.

''You are not here to make a statement'' about rights of fetuses, attorney Tim Schneider said. ''You are here to decide the facts.''

Under the fetal homicide law, which took effect in September, prosecutors are not required to prove viability.

Prosecutors also do not have to prove that Mrs. Alfieri meant to harm anyone when she slammed on her brakes at mile 10.3 in Silverton. They must show only that she was reckless, meaning she exhibited a ''heedless indifference to the consequences.''

Prosecutors say Mrs. Alfieri was furious that she had been cut off, so she sped around Mrs. Andrews and spiked her brakes. When Mrs. Andrews, 29, of Madisonville, swerved to avoid Mrs. Alfieri's car, she plowed into the back of a disabled tractor-trailer.

Defense attorneys agree that Mrs. Alfieri was upset at being cut off. They agree she honked her horn and flashed her lights. But they say it was Mrs. Andrews who braked abruptly, shortly after Mrs. Alfieri expressed her displeasure.

Defense lawyer Tom Beiting said his client became frightened when Mrs. Andrews slammed on the brakes. He said Mrs. Alfieri tried unsuccessfully to drive away from the confrontation.

''Every time she makes a move, Rene Andrews makes a countermove,'' he said.

He said that when the accident occurred, Mrs. Alfieri was braking to avoid hitting slower traffic in front of her - not to antagonize Mrs. Andrews.

Mr. Beiting said Mrs. Andrews was at fault because she failed to maintain an assured clear distance and failed to control her vehicle.

In a motion outside the jury's presence, the defense argued that two police reports attribute some blame to Mrs. Andrews. But in a third report - supplied to the defense late Friday - all culpability is shifted to Mrs. Alfieri.

They asked for a continuance to retool their defense. They also asked that a grand jury investigate whether Silverton police altered reports to blame Mrs. Alfieri.

Prosecutors said the reports were not altered and said they will not conduct an investigation. Common Pleas Judge Patrick Dinkelacker said the defense had ample time over the weekend to prepare and declined to delay the trial.

Previous stories

2 TRIALS, 2 CONTROVERSIES April 27, 1997
WOMAN PLEADS NOT GUILTY IN CRASH THAT CLAIMED FETUS Jan. 4, 1997
DRIVER INDICTED Jan. 3, 1997