NEWPORT — An expert in naval architecture and boat accident reconstruction told a Campbell Circuit Court jury Tuesday that there was no way to determine what caused a two-boat accident on the Ohio River last year that claimed three lives.

        John Deck, who has testified in numerous trials re garding boating accidents around the country, appeared as a defense witness in the trial of 32-year-old Brian Brunen of Hyde Park, who is charged with three counts of second-degree manslaughter.

        Mr. Deck said his investigation led him to believe that the two pleasure boats in volved in a Aug. 16, 1999, accident near the Watertown Marina in Dayton came together at the bow, a theory that differs from Kentucky officials' findings.

        The crash resulted in the deaths of Scott Martini and his wife, Pamela, of Dearborn County, Ind., and Ken Middendorf of Cleves. Mr. Middendorf's wife, Kim, was injured, as were Mr. Brunen and a passenger in his boat, Nicole Purvis of Loveland.

        “I believe the boats struck at the bows, and pivoted against each other,” Mr. Deck said, using a computer illustration for the jury. “The Brunen boat rode up over the Middendorf boat be fore they came apart. That accounts for the marks on the boats and the damage to the Middendorf boat.”

        When asked by defense attorney Patrick Hanley what or who caused the crash, Mr. Deck replied, “There is no way to determine why these boats came together. We'll never know exactly what happened.”

        He said it appeared that both pleasure craft were traveling at perhaps 35 mph at the time of the collision.

        Mr. Deck's testimony was in direct conflict with testimony Monday from Kentucky water patrol Officer Doug Bryant, who said his investigation of the wrecked boats indicated that the Brunen boat struck the Middendorf boat from the rear, did a 360-degree turn and struck it again in the side.

        Officer Bryant, who works for the state Fish and Wildlife Department, was the chief investigator of the accident and filed the report that led to the charges against Mr. Brunen, which include assault and operating a motorboat under the influence.

        The wreck happened about 11:30 p.m. as boats were returning from a rock concert at River bend.

        Jurors also heard from several doctors Tuesday who gave differing opinions on whether tests to determine Mr. Brunen's blood-alcohol level proved he was legally intoxicated at the time of the accident.

        Two other defense witnesses — Richard Cross of Centerville, who was part-owner of the boat with Mr. Brunen, and Rhonda Spence of Loveland, who was on the boat prior to the accident with Mr. Brunen's brother, Lance — both testified that the boat's refuse containers were already full of empty and full beer bottles and cans when they boarded the boat at Rivertown Marina on the evening of the crash.

        Mr. Bryant had indicated in his report and later in testimony that he found numerous empty and full beer containers in the boat, which was one of the criteria he used for the DUI charge.

        Testimony is expected to conclude today followed by attorneys' closing arguments.

        If convicted, Mr. Brunen faces up to 40 years in prison.

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