Owens trial delayed until April
Defense says expert still reviewing evidence in 2009 crash that killed 4 teens

Geoff Grammer | The New Mexican
Posted: Friday, December 10, 2010
- 12/11/10
     
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The wait continues for the Scott Owens vehicular homicide trial.

Evidence from the June 2009 crash that killed four teenagers on Old Las Vegas Highway is still being reviewed by an expert witness whose testimony could be vital in the case, leading to a defense motion to delay the trial until April.

Friday, a state district judge reluctantly granted the continuance in the case for Owens, the Eldorado man who was drunk at the time of the crash. Prosecutors did not object, but did relay a message to the court that the families of the victims are growing agitated by the case dragging on so long.

"I'll grant the motion to continue, but this is the last motion," said state District Judge Michael Vigil. He pointed out that by the time the trial concludes, it will have been nearly two years since the incident.

Owens, 29, has been incarcerated in lieu of a $3 million cash bond since June 28, 2009, the day of the crash on Old Las Vegas Highway, according to jail records. Owens appeared in court Friday in a suit, tie and shackles — after being excused from most hearings over the past six months. He agreed to waive his right to a speedy trial so the expert witness can finish his review.

"There is certain forensic evidence currently being evaluated by an expert," said defense attorney Dan Cron. "The (review) of the evidence has not been completed."

Deputy district attorney Doug Couleur did not oppose the motion, but did express the sentiment of the families of the victims that the continued delays are growing tiring.

"The general consensus (of the families) is frustration that it is taking so long," Couleur told the judge.

Killed in the crash were Kate Klein, Julian Martinez and Alyssa Trouw, all 16, and 15-year-old Rose Simmons.

Couleur added, "We want the case to proceed, but we certainly understand (why a continuance is needed)."

While specific details about why the expert witness has not yet finished his review were not given, prosecutors and the judge agreed it is not a delaying tactic from the defense and the reason is a legitimate one.

Owens was to stand trial in January on four charges of vehicular homicide and one count of great bodily harm by vehicle. Friday's ruling pushed that back to an April 11 jury selection with the anticipated weeklong trial starting immediately after.

Santa Fe County sheriff's investigators believe Owens, whose blood-alcohol content was double the legal driving limit, was driving in the wrong lane when he struck the 1992 Subaru driven by 16-year-old Avree Koffman, the only survivor among the five teens in the car. Police have said Owens tried to turn back into his lane too late after seeing the Subaru.

Meanwhile, police say Koffman turned to her left — into Owens lane — and Owens' Jeep Cherokee slammed directly into the passenger side of the Subaru.

Cron has disputed that account and the defense claims physical evidence left at the scene — likely the same evidence still being reviewed by expert witnesses expected to testify in the case — does not support the police investigator's account of the crash.

That evidence indicates Owens might not have been driving on the wrong side of the road, and he might not have had enough time to react when the Subaru came into his lane.

Contact Geoff Grammer at 986-3076 or ggrammer@sfnewmexican.com. Read his blog at SantaFeCrime.com.





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