Friday, May 24, 2002
Homicide trial begins for driver
Says crash was accident
By Sheila McLaughlin, smclaughlin@enquirer.com
The Cincinnati Enquirer
MASON In an eight-word statement, Edward Traurig told police what happened the day his van careened into the lobby of Cedar Village last January, killing 87-year-old Sarah Josephson.
Foot slipped off of brake onto gas pedal, the 65-year-old attorney wrote.
Edward Traurig (foreground) and his lawyer, Herb Haas, confer Thursday during jury selection.
(Michael Snyder photo)
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Thursday, as his jury trial on a vehicular homicide charge opened in municipal court, his lawyer, Herbert Haas, characterized the events of Jan. 30 as an accident.
Prosecutor Robert Peeler contended that Mr. Traurig, who faces up to six months in jail and a $1,000 fine, should be convicted of the misdemeanor because he didn't do anything to avoid the crash.
The jury is expected to begin deliberating today.
An expert for the defense wrote in a report that the cause of the accident was operator error in inadvertently depressing the accelerator and in then failing to prevent entering the building. But Ronald L. Huston, an accident reconstruction specialist who testified for the defense, told jurors Thursday that Mr. Traurig may not have had time to brake. His reaction time could have been slowed by his age, Mr. Huston said.
Mrs. Josephson and her husband, Louis, 93, were run over in the lobby after Mr. Traurig's van left the circular drive and in two seconds, traveled about 80 feet over a landscaped area, sidewalks and a patio through a double door.
Mr. Traurig was pulling the van up to load luggage; he and other family members spent the night at the center visiting a relative.
Mr. Huston said the van was traveling at a maximum speed of 25 mph. A state trooper who also reconstructed the crash said it was more like 15 mph. Both said there was no evidence that Mr. Traurig tried to apply the brakes.
Mrs. Josephson, who was seated in a wheelchair in the lobby, died a short time later. Mr. Josephson was injured.
Their relatives, accompanied by an attorney, wept quietly as Cedar Village workers described how they lifted the metal door frame off of Mrs. Josephson so the center's medical staff could help her.
Employee Melinda Logan said that a woman, whom she recognized as Mr. Traurig's wife, arrived at the scene and remarked, He's not supposed to be driving.
Mr. Haas discounted that statement, saying Ms. Logan did not mention it when she gave a written account to police within two hours of the crash.
Mason Sgt. Peter Schultz said Mr. Traurig told him he was taking prescription anti-seizure medicine and an anti-depressant.
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